HomeMy WebLinkAboutMIN COUNCIL 2015/04/15 2014-2016
HAWAI‘I COUNTY COUNCIL
th
10 Session
West Hawai‘i Civic Center
74-5044 Ane Keohokālole Highway, Building A
Kailua-Kona, Hawai‘i
April 15, 2015
INVOCATION: Pastor Jason Meechan of Thy Word Ministries gave the morning’s invocation.
CALL TO The regular meeting of the Hawai‘i County Council was called to at 9:05 a.m.
ORDER: in the Council Chambers, Kona, by Mr. Dru Mamo Kanuha, Chair.
ROLL CALL:
Present: Mr. Dru Mamo Kanuha, Chair
Ms. Valerie T. Poindexter, Vice Chair
Mr. Aaron S.Y. Chung, Member
Ms. Maile “Medeiros” David, Member
Ms. Karen Eoff, Member
Mr. Greggor Ilagan, Member
Mr. Dennis “Fresh” Onishi, Member
Mr. Danny Paleka, Member
Ms. Margaret Wille, Member
PLEDGE OF The Chair directed the Council to the next order of business, Pledge of
ALLEGIANCE: Allegiance.
(At this time, Ms. Poindexter led the Council in the Pledge
of Allegiance.)
PETITIONS, The Chair directed the Council to proceed to the next order of business,
MEMORIALS, Petitions, Memorials, Certificates of Merit, and Expressions of Condolence.
CERTIFICATES OF
MERIT, AND
EXPRESSIONS OF (There were none.)
CONDOLENCE:
STATEMENTS The Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public on Agenda Items.
PUBLIC ON
AGENDA ITEMS: The following individuals registered to speak, and came forward when called by
the Chair:
Hawai‘i County Council-10 April 15, 2015
David Carlson: Res. 134-15 (Comm. 218), in support.
(Representing the Kona American Legion,
and the West Hawaiʻi Veterans Cemetery Association)
John Grogan: Res. 134-15 (Comm. 218), in support.
(Representing the West Hawaiʻi
Veterans Cemetery Association)
Bronsten Kalei Kossow: Res. 134-15 (Comm. 218), in support.
(Representing the West Hawaiʻi
Veterans Cemetery Association)
Cory Harden: Res. 87-15 Draft 2 (Comm. 130.3);
Res. 126-15 (Comm. 206); and
Res. 155-15 (Comm. 249), in support.
Tara Okutsu: Res. 150-15 (Comm. 244), in support.
(Representing the Office of
the Prosecuting Attorney)
Richard Abbett: Res. 155-15 (Comm. 249);:
Res. 87-15, Draft 2 (Comm. 130.3); and
Bill 283 (Comm. 1028), in support.
Veronica Eugenio: Res. 122-15 (Comm. 197), in opposition.
Diane Kanealii: Res. 113-15 (Comm. 179), in support.
(Representing the Kailapa
Community Association)
Bill Bugbee: Res. 126-15 (Comm. 206);
(Representing Community Res. 148-15 (Comm. 242); and
Enterprises Inc.) Res. 149-15 (Comm. 243), in support.
Martha Ann Aukai: Res. 150-15 (Comm. 244), in support.
(Representing Child and Family
Service)
Bobby Jean Leithead-Todd: Res. 126-15 (Comm. 206), comment.
(Representing the Department
Environmental Management)
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Hawai‘i County Council-10 April 15, 2015
Lauren Avery: Res. 133-15 (Comm. 217), in support; and
(Representing the West Hawaiʻi Res. 143-15 (Comm. 230), in support.
Community Health Center)
Sean Sommers: Comm. 260, in support.
(Representing the Hawaiʻi Fire
Department)
Kei-Lin Cerf: Res. 135-15 (Comm. 219); and
(Representing Hokupaʻa Res. 142-15 (Comm. 229), in support.
and the University of Hawaiʻi at Hilo)
Karin Cooke: Res. 122-15 (Comm. 197), in support.
(Representing Kokolulu Farm
& Cancer Retreats)
Lew Whitney: Res. 122-15 (Comm. 197), in support.
(Representing Kokolulu Farm
& Cancer Retreats)
APPROVAL OF The Chair directed the Council to proceed to the next order of business, Approval
MINUTES: of Minutes.
(There were none.)
CHR. KANUHA: Once again I’m going to ask if there’s anybody else wishing to
testify here in Kona, and the rest of the sites. Hearing or seeing none, I will close
public testimony, and move on with the agenda. I had a request real quickly
Mr. Onishi, I know you had some body from the Prosecutors Office, Tara, that
wanted to do it real quickly, and then we can move on to the nominations. So
Mr. Clerk, I’m going to just do Resolution 150-15 and then take on the nominations.
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Hawai‘i County Council-10 April 15, 2015
Res. 150-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM
THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO CHILD
AND FAMILY SERVICE FOR TRAINING ON THE SAFE DATES
CURRICULUM
Transfers/appropriates $8,000 out and from the Clerk-Council Services –
Contingency Relief account (Council District 3); and credits the same to the
Office of the Prosecuting Attorney, Prosecuting Attorney Other Current
Expenses, Miscellaneous Contract Services account (Safe Dates Curriculum).
The Safe Dates Curriculum is a ten-session program (50 minutes each) that
targets attitudes and behaviors associated with dating abuse and violence;
program would be used in high schools.
Reference: Comm. 244
Intr. by: Mr. Onishi
Motion to Approve: Mr. Onishi moved to adopt Res. 150-15. Seconded by
Mr. Paleka.
CHR. KANUHA: Mr. Onishi, you have the floor.
MR. ONISHI: Thank you, Mr. Chair, for taking this out of order. Thank you
Tara and Martha for coming and giving your testimony. Council Members, you
know, for the past like from last term, I’ve been always trying to advocate for
domestic violence, and it’s really sad to see where island of 190,000 people, and
past two years ago, year and half ago, we had about five deaths, or possible six
deaths related to domestic violence. So I’ve been working closely with the
prosecutors and nonprofits, to find ways of how we can educate our younger
generations, so that way we can break that cycle as they get older. So we’ve had
Council Members has given money to bring in speakers to come in and talk to the
communities, talk to the students and so forth. But once they leave that’s it,
there’s not really no follow ups.
So talking to Tara and Martha guys was that, I wanted to have where we have
someone here that can be a trainer, that can train others to follow up on these
problems that people might have. So what’s the best way if we can have them
here, right? So working with them. I’ve got to give Tara and Martha credit.
They went and research, found out what would be the best program, so that they
could become trainers. That way, like they mentioned like they going to go to
Waiakea High School, we met with the principal Kelsey Koga, and he’s all for it
and he decided that he wants to be that pilot project, where they’re going to go in
and educate, or train their counselors, their PE teachers, their health teachers and
so forth. So that way in school, if something should happen these students have
some place to go and ask for help or guidance. So Martha or Tara, do you folks
have anything else to add?
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Hawai‘i County Council-10 April 15, 2015
(Note: At this time, Tara Okutsu and Martha Aukai came forward to
address the members of the Council.)
MS. OKUTSU: So we’ve been dealing with domestic violence for not that long.
But in the number of years that we have been dealing with it, it’s too often we
start seeing the cycle occurring already, where we have been helping mothers, or
fathers, or whoever, with their domestic violence relationship, and then later on
we see their child. They’re all domestic violence relationships. And especially
now with technology, abuse has drastically increased, and these children don’t
even realize it. They don’t realize that getting a text message from their partner at
3:00 o’clock in the morning, and the partner getting upset, because they didn’t
answer it, is abuse. They do not realize its controlling behavior.
So what we really want to do, is start going in, and start trying some kind of
prevention program. We’ve got a long way for our careers, so we are hoping that
we can make this program a long-term program. Again we want to make it
self sustaining. Too many times programs get cut, and they’re good programs.
But it’s just due to lack of funding, the funding got to go somewhere else. We
really want to try to make this program last as long as it can.
So the funding that we’re asking for, we’re going to become trainers. So that we
can start training health teachers, PE teachers, about the curriculum about safety
planning. So that in the event that myself or Martha can’t do these trainings in the
schools, that they are able to do it themselves.
MS. AUKAI: The other thing that is really important too, is that within this
program as well there is a part where we talk with the administration, with the
PTSA, with the student body government, about a school policy on dating
violence within the teams that are in the high school. Currently I know that
within the DOE (State Department of Education) if there is an incident that
happens between two people, both of them have like a no contact, you can’t talk
to each other kind of thing that they sign. It also just doesn’t deal with the issue.
It’s like, just leave each other alone and instead of talking about it, or finding
someone else that they can to talk to, who else they can go to. Letting them know
about the access line where they can call 24 hours a day, and talk to a
professional, or therapist. Being able to know that, this is where they can go to
get TRO’s (temporary restraining orders). This is where they can go to talk to
somebody about what the criminal process is like if they feel like they need to
press charges. Be able to see, like what else is out there for them, and being able
to know that they have help, where we give the teenager an idea that it’s not just
them, or it’s not okay for a relationship to be like that.
MS. OKUTSU: Ultimately our end goal is to start getting somebody permanent
within the schools to be there. Not just for teen dating violence, but other issues
that teenagers deal with, such as suicide prevention, anti-bullying. That is our
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Hawai‘i County Council-10 April 15, 2015
ultimate goal, but like any big goal, or big dreams we have to start small, and this
is our starting point.
MR. ONISHI: Like this is the first step of many steps to stop domestic violence,
and we’re also working with the DOE. Once working with Waiakea High School,
and then if this is successful, then we can go into the DOE. Like I mention get
permanent staff in the schools, and this would be island wide. To help out our
students, and what is great is that Tara and Martha are young so they have like
maybe another 30 more years to work. So to me it’s a good investment to put into
so they can continue and also expand. So I am asking for your support thank you.
Thank you Martha and Tara.
MS. AUKAI: Thank you.
MS. OKUTSU: Thank you.
CHR. KANUHA: Thank you, Mr. Onishi. Any other discussion, Council
Members? Hearing or seeing none, Mr. Clerk.
MR. HENRICKS: Before you take the roll, I’m sorry, I just noted that Mr. Onishi
had a memorandum with an amendment in it. Did you not want to pursue that to
avoid a reconsideration?
MR. ONISHI: I don’t have it written.
CHR. KANUHA: Did you have an amendment for this one?
MR. ONISHI: Yeah, there is. It’s just wording that we have to change. Okay,
so Mr. Chair, I would like to amend Resolution 150-15 with the
Communication 244.1.
Motion to Amend: Mr. Onishi moved to amend Res. 150-15 with the contents
of Comm. 244.1. Seconded by Mr. Ilagan.
CHR. KANUHA: Mr. Onishi.
MR. ONISHI: As you guys looking at the resolution on the third Whereas. Right
now it says funds are used to train CFS (Child and Family Service) employees.
On the Safe Date program. I’m going to be changing it to appropriate individuals,
because what we’re going to do is like—Martha is from CFS, and also like we
mentioned about the DOE, and having the teachers and so forth. So we want to
change it instead of “CFS employees,” “appropriate individuals.”
CHR. KANUHA: Thank you, Mr. Onishi. Mr. Ilagan.
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Hawai‘i County Council-10 April 15, 2015
MR. ILAGAN: Mr. Chair, first of all I just want to say thank you, Mr. Onishi, for
doing this. And I wanted to make a motion to suspend our rules to allow voice
votes for Council.
Vote on Motion to Mr. Ilagan moved to suspend Council Rule 10 to allow
Suspend Council Rules: voice votes for the entire meeting. Seconded by Mr. Onishi
(Approved) and carried by the following roll call vote:
Ayes: Council Members Chung, David, Eoff, Ilagan
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Thank you. Now on to the amendment.
Vote on Motion to The motion to amend Res. 150-15 with the contents of
Amend: Comm. 244.1 was carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Now on to the main motion as amended. Mr. Onishi.
MR. ONISHI: I just wanted mention one more thing. I wanted to just thank the
Prosecutor’s Office, and also the Child Family Services for their support, too.
Thank you.
CHR. KANUHA: Thank you, Mr. Onishi. Mr. Clerk.
MR.HENRICKS: If the Council considers this—this amendment is not a
typographical one, so I would encourage a suspension of the rules to allow for the
adoption of the resolution, as amended, today.
CHR. KANUHA: We’ve got to suspend the rules now, or after the vote? I need a
motion to suspend the rules.
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Hawai‘i County Council-10 April 15, 2015
Vote on Motion to Mr. Onishi moved to suspend Council Rule 24 to waive the
Suspend Council holdover for substantive amendment of Res. 150-15.
Rules: Seconded by Ms. Wille and carried by the following
(Approved) 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: Okay, so now we can vote on the motion as amended, right?
All in favor of the main motion as amended say “aye.”
Vote on Res. 150-15 The motion to adopt Res. 150-15, as amended to Draft 2,
(Draft 2): was carried by the following voice vote:
(Adopted)
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Thank you, Mr. Onishi.
MR. ONISHI: Thank you, Mr. Chair.
CHR. KANUHA: Okay, on to Communications. Mr. Clerk,
Communication 220.
MR. HENRICKS: Mr. Chair, I’d like to read them all in and then have you guys
entertain separate motions.
CHR. KANUHA: Yes.
MR. HENRICKS: Okay, very good.
Return to Order The Chair directed the Council to return to the regular order of business.
of Business:
COMMUNI- The Chair directed the Council to proceed to the next order of business,
CATIONS: Communications.
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Hawai‘i County Council-10 April 15, 2015
Comm. 220: NOMINATION OF DAVID K. BISHAW II TO THE PUBLIC ACCESS, OPEN
SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION
; and
NOMINATION OF CYNTHIA S. NAZARA TO THE PUBLIC ACCESS, OPEN
SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION
; and
NOMINATION OF KEKAULIKE P. TOMICH TO THE PUBLIC ACCESS,
OPEN SPACE, AND NATURAL RESOURCES PRESERVATION
COMMISSION
From Mayor William P. Kenoi, dated March 19, 2015, submitting for the
Council’s review and confirmation the above nominations.
Waived: FC
CHR. KANUHA: Thank you, Mr. Clerk. Char, aloha. You’re in Hilo you
may—
(Note: At this time, Executive Assistant Char Shigemura came forward to
address the members of the Council, via videoconference from Hilo.)
MS. SHIGEMURA: Yes, I am. Good morning, Chair and Members of the
County Council. I have today with me Mayor Kenoi’s three nominees to the
County of Hawaiʻi’s Public Access Open Space and Natural Resources
Preservation Commission. Here with me in Hilo today we have from Council
District 2, Mr. David K. Bishaw II. He is a lifelong resident of Hawaiʻi, a
geological botanical research specialist at the Hawaiʻi Cooperative Studies Unit of
the University of Hawaiʻi at Hilo. Mr. Bishaw is presently a board member and
Vice President of the Big Island Substance Abuse Center. He states he’s not
affiliated with any political party, and if confirmed he’ll serve a term to end on
December 31, 2019. He replaces Wilma Matsumura, whose term expired on
December 31, 2014.
CHR. KANUHA: Thank you very much. I’m going to let the—we’ll start with
—may I have a motion to approve the nomination of David K. Bishaw II to the
Public Access Open Space and Natural Resources Preservation Commission
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Hawai‘i County Council-10 April 15, 2015
Motion to Approve: Mr. Onishi moved to confirm the appointment of
Mr. David K. Bishaw to the Public Access, Open Space,
and Natural Resources Preservation Commission.
Seconded by Ms. Eoff.
CHR. KANUHA: Mr. Bishaw, aloha. You can introduce yourself, and if you
have anything to say before discussion, go right ahead.
(Note: At this time, Nominee David K. Bishaw came forward to address
the members of the Council, via videoconference from Hilo.)
MR. BISHAW: Aloha and good morning, Council and Council Members. I feel
great with—I’m full with gratitude and humility to serve the community through
this commission, and it’s a great honor for me. I hope to serve the interests of our
people of the island. Thank you.
CHR. KANUHA: Mahalo I’m going to open it up for discussion, Council
Members, on this nomination, if there is any, before we take the vote. Okay,
hearing or seeing none, all in favor say “aye.”
Vote on David K. The motion to confirm the appointment of Mr. David K.
Bishaw: Bishaw to the Public Access, Open Space, and Natural
(Approved) Resources Preservation Commission was carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None
CHR. KANUHA: Motion passes. Congratulations, Mr. Bishaw.
MR. BISHAW: Thank you very much.
CHR. KANUHA: Thank you. Because this was waived from the Finance
Committee to the full Council just for information. Okay, Char you can introduce
your next nominee.
MS. SHIGEMURA: Yes, I have the other two. I believe they’re in Kona with
you.
CHR. KANUHA: Yes.
Page 10
Hawai‘i County Council-10 April 15, 2015
MS. SHIGEMURA: Okay, so from Council District 7, we have Cynthia S.
Nazara. Ms. Nazara is a lifelong resident of Hawaiʻi. She worked for Cultural
Survey Hawaiʻi as a Cultural Monitor, and the Four Seasons Hualalai Resort as
their Cultural Manager. She is currently the President of Kona Hawaiian Civic
Club, and a member of the Kukio Kaupulehu Advisory Board, and member of
Kau Ulu Lauhala. She states she’s not affiliated with any political party, and if
confirmed she’ll serve a term to end on December 31, 2019. She will replace
st
Mr. Enock Freire whose term expired on December 31 of last year.
CHR. KANUHA: Mahalo, Char. Ms. Eoff.
Motion to Approve: Ms. Eoff moved to confirm the appointment of
Ms. Cynthia S. Nazara to the Public Access, Open Space, and
Natural Resources Preservation Commission. Seconded by
Mr. Paleka.
CHR. KANUHA: Ms. Eoff, you can have the floor if you like.
MS. EOFF: Thank you. Would you like to say a few words first before we have
questions?
(Note: At this time, Nominee Cynthia S. Nazara came forward to address
the members of the Council.)
MS. NAZARA: Yes, first I would like to thank Bobby Command for this
nomination, and I want to thank all of the Council Members here for your time
and for allowing me, hopefully to be part of a great team with efforts to enhance
our community here on Hawaiʻi Island. I hope to work with you more closely.
Mahalo.
MS. EOFF: Thank you. I just wanted to say thank you, to you for your
willingness to serve on this committee. I know you have a very busy schedule,
and a full life, and you do many things in the community. So I read through your
application, as well as your resume, and I am glad you’re back with us. I know
you were gone from the islands for awhile.
MS. NAZARA: Mahalo.
CHR. KANUHA: Thank you, Ms. Eoff. Ms. David.
MS. DAVID: Aloha, Ms. Nazara. I really want to thank you for stepping up and
serving on this commission. I give you my support, and I believe that your
lifelong experiences in our culture and this island, is a great benefit to this
commission. So I do support your nomination. Thank you.
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Hawai‘i County Council-10 April 15, 2015
MS. NAZARA: Mahalo.
CHR. KANUHA: Thank you, Ms. David. Any other discussion Council
Members? I would like to real briefly say mahalo for serving as well. I echo the
same sentiments that Ms. David and Ms. Eoff had said about you. You’re a great
asset to this community. Welcome back, I’m glad to have you back here in Kona.
I know you’ll do great. So mahalo, look forward to working with you on a lot of
the good things happening over here.
MS. NAZARA: Mahalo.
CHR. KANUHA: Thank you. Okay, seeing no other discussion, all in favor say
“aye.”
Vote on Cynthia S. The motion to confirm the appointment of Ms. Cynthia S.
Nazara: Nazara to the Public Access, Open Space, and Natural
(Approved) Resources Preservation Commission was carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Congratulations.
MS. NAZARA: Mahalo.
CHR. KANUHA: Okay, Char you can go ahead with the next nominee.
MS. SHIGEMURA: Okay, Mayor Kenoi’s nominee from Council District 8 to
the County of Hawaiʻi Public Access Open Space and Natural Resources
Preservation Commission is Mr. Kekaulike P. Tomich. Mr. Tomich is a lifelong
resident of Hawaiʻi, he’s a restoration technician at Hawaiʻi First Industry
Association. A member of the Kaupulehu Marine Life Advisory Committee, and
Hawaiʻi Alliance for Progressive Action. He states he’s not affiliated with any
political party, and if confirmed he will serve the remainder of term to expire on
December 31 of this year, and be eligible for reappointment for an additional full
term as authorized by the Hawaiʻi County Charter Section 13-4(c). This states
that members of any board or commission appointed for a term of two years or
less shall be eligible to succeed themselves an additional full term, and be eligible
for reappointed. He is also with you in Kona today.
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Hawai‘i County Council-10 April 15, 2015
CHR. KANUHA: Thank you very much Char. May I have a motion? Ms. Eoff.
Motion to Approve: Ms. Eoff moved to confirm the appointment of
Mr. Kekaulike P. Tomich to the Public Access, Open Space,
and Natural Resources Preservation Commission. Seconded
by Mr. Paleka.
CHR. KANUHA: Ms. Eoff you have the floor.
MS. EOFF: Kekaulike, would you like to say a few words?
(Note: At this time, Nominee Kekaulike P. Tomich came forward to
address the members of the Committee.)
MR. TOMICH: I just mahalo to you guys and the work that you guys do. I
believe we all have to mālama ʻaina, whether it be just spiritually with open
space, beautiful landscapes; or physically with that which feeds us. Mahalo.
MS. EOFF: Thank you very much. Council Members, I just wanted to let you
know, that I’ve known Kekaulike since he was a young boy, and I know his
family. His mom is Hannah Kihalani Springer and his father is Michael Tomich,
who’s a retired firefighter. His family has been strong advocates of open space,
and conservation, and protection of cultural sites, and cultural values as well as
the environment, and I’ve learned a lot from the entire family. I was very happy
to see that Kekaulike was willing to come forward at his young age, and begin
serving our community in this way. I think this is a perfect fit, this commission
and his willingness to serve on it. Thank you, Kekaulike.
CHR. KANUHA: Thank you, Ms. Eoff. Ms. Poindexter
MS. POINDEXTER: Yeah, I’d like to also thank you for your commitment to
serve, and your grandfather Quinten. Your family is from Hāmākua. I read about
you in his book. About how you traced your lineage back to King Kekaulike, the
ruler of Maui. So proud your grandparents must be of you, smiling down on you.
So thank you for carrying on what your grandparents have so wonderfully done
for our community as well. Thank you.
CHR. KANUHA: Thank you, Ms. Poindexter. Ms. David.
MS. DAVID: Aloha, Kekaulike. I as well, the last time I remember you, you
were this high. I’m really, really thankful that—I know your mom very well for
many years. I believe that you have the traits and the aloha that she has for our
ʻaina, and you are definitely a gem, because you are the next generation to carry
our efforts through. So māhalo nui and aloha for serving.
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Hawai‘i County Council-10 April 15, 2015
CHR. KANUHA: Thank you, Ms. David. Any Council Members, first round?
Okay, Ms. Eoff.
MS. EOFF: I just wanted to add one thing. I think the combination of the three
new appointees is great. All three working together.
CHR. KANUHA: Thank you, Ms. Eoff. Okay, seeing no other Council
Members, I’d also would to say māhalo for serving. Deep-seeded family here on
this island, in Kona. Everybody, Ms. Nazara, Kekaulike, you know, these are
pretty good choices from the Mayor to serve on this especially important
commission. So I’m extremely happy for you guys to be serving on this
committee. So māhalo for serving, and look forward, again, to seeing some good
things come out of it.
So okay, on the nomination of Kekaulike Tomich all in favor of approval say
“aye.”
Vote on Kekaulike P. The motion to confirm the appointment of Mr. Kekaulike P.
Tomich: Tomich to the Public Access, Open Space, and Natural
(Approved) Resources Preservation Commission was carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Congratulations both of you, and I’m going to
take a brief 10-minute recess to congratulate, and also any Council Member has
certain needs, so brief recess.
Recess: At 10:20 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 10:32 a.m.
CHR. KANUHA: Okay. Aloha everybody. We’re coming out of recess, and I
first see Bill Hanson in Hilo from Civil Defense, for Resolution 34. So I want to
do that first. It’s on the end of the agenda. So Mr. Clerk, if we could just do
Bill 34, and for Council Members it’s on page 19.
Change Order As directed by the Chair and with no objections from the Council Members, the
of Business: following items were taken out of order:
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Hawai‘i County Council-10 April 15, 2015
Bill 34: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2015
Increases revenues in the Federal Grants – State Homeland Security Program
FY14 account ($185,000); and appropriates the same to the State Homeland
Security Program FY14 account. Funds would be used to purchase specialized
equipment to enhance the capability of state and county agencies to prevent and
respond to incidents of terrorism and other hazards.
Reference: Comm. 204
Intr. by: Ms. Eoff
First Reading: April 1, 2015
Motion to Approve: Ms. Eoff moved to pass Bill 34 on second and final
reading. Seconded by Ms. David.
CHR. KANUHA: Ms. Eoff.
MS. EOFF: I think we discussed this last time in Council, and I don’t know if we
need any comments from the Director—oh I see. Would you like to add
anything?
CHR. KANUHA: Ask him again.
MS. EOFF: Mr. Hansen, would you like to add anything to discussion?
MR. HANSEN: Oh, not unless you have any questions. Thank you.
CHR. KANUHA: Thank you, Ms. Eoff. Any other discussion on Bill 34?
Hearing or seeing none, all in favor say “aye.”
Vote on Bill 34: The motion to pass Bill 34 on second and final reading was
(Adopted) carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Mahalo Mr. Hanson.
MR. HANSEN: Thank you.
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Hawai‘i County Council-10 April 15, 2015
CHR. KANUHA: Okay. Mr. Clerk, I know we have some members here from
the veterans. Resolution 134.
Res. 134-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO WEST
HAWAI‘I VETERANS CEMETERY DEVELOPMENT AND EXPANSION
ASSOCIATION, INC. (WHVCDEA), TO PAY FOR CEMETERY MARKERS
AND CHAIRS FOR THE WEST HAWAI‘I VETERANS CEMETERY
Transfers/appropriates $4,500 out and from the Clerk-Council Services –
Contingency Relief account (Council District 8); and credits the same to the
Department of Parks and Recreation, Parks and Recreation Administration Other
Current Expenses, Miscellaneous Contract Services account (WHVCDEA).
Reference: Comm. 218
Intr. by: Ms. Eoff
Motion to Approve: Ms. Eoff moved to adopt Res. 134-15. Seconded by
Mr. Paleka.
CHR. KANUHA: Ms. Eoff, you have the floor.
MS. EOFF: Thank you. I just wanted to thank both of you—and looks like
Mr. Carlson has left—for coming today and talking little bit about the Veterans
Cemetery, and the work you’re going to do, and unfortunately about the death that
occurred. But I will commit to helping in any way I can in the future as well. But
getting the chairs, for now, is one way I can contribute. I want to thank Kalei for
all of his work at the cemetery, because he has a project that I wanted to help with
to better mark the graves. But you didn’t mention that you had also, as an Eagle
Scout, done the brochure that identified the cemetery, the way the markers are
now. So thank you again, and I’m glad to see you going to continue your service
to the Veterans Cemetery. Thank you, John.
CHR. KANUHA: Thank you, Ms. Eoff. Mr. Ilagan.
MR. ILAGAN: Thank you, Mr. Chair. Mr. Chair, I would like to make a request
if you give me leeway. I know the contingency fund request is limited to Chairs.
But I would like to hear just, what’s the overall project that they’re trying to do. I
was wondering if I’m able to ask that question.
CHR. KANUHA: Yeah, I will allow you to have them come up, and you can ask
any clarification questions about the entire project.
MR. ILAGAN: Thank you. I’m curious about your overall project. I know
Council Member Eoff is helping out part of it, and I just wanted to know like the
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Hawai‘i County Council-10 April 15, 2015
total amount that you’re looking for, and what you’re trying to do. What’s the
vision?
(Note: At this time, John Grogan, President of the West Hawaiʻi Veterans
Cemetery Development and Expansion Association, Inc., came forward to
address the members of the Committee.)
MR. GROGAN: With regard to our future plans at the cemetery, we do have a
100-year plan for the cemetery. The development will go northward, and will
then in future years, long after I am gone, go south of the current burial fields.
There will be a ring road. We have 62 acres that the association has fenced in to
keep the goats out, and we’ve planted over 10,000 Native Hawaiian plants at the
cemetery. Not our association members alone, but the West Hawaiʻi Community
has been very active. We’ve had hundreds of people out there pulling weeds and
planting Native Hawaiian plants. We have a nursey, a greenhouse that is used by
local schools as projects. They raise Native Hawaiian plants in the greenhouse,
and then we use the seedlings to plant.
It does use a little water, and that’s an issue with us and the county. About 15
percent of our water usage is to water the greenery at the cemetery, including the
sod. No, I misspoke. Fifteen percent goes our plantings, 85 percent goes to the
sod.
With regard to chairs, $1,000, if that’s what the Council authorizes the county
Parks and Rec group to grant to our association, will cover some number of
chairs. I don’t know how many we can buy with that number. Hopefully—we
have about 400 people, at least, minimum, come to our community services on
Veterans Day and Memorial Day. So we have now about 100 good chairs, and
oftentimes, of course, we have lost our tents due to the thieves.
I don’t know that I’ve addressed your question. Hopefully I have somewhere in
that discourse.
MR. ILAGAN: You have. You mentioned you had 64 acres, 62?
MR. GROGAN: 62 acres, yes sir.
MR. ILAGAN: 62 acres. And you said you were going to expand northward.
How much of that 62 acres is currently being used.
MR. GROGAN: My swag would be about two-two and half acres. The rest is
still native.
MR. ILAGAN: Wow.
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Hawai‘i County Council-10 April 15, 2015
MR. GROGAN: Yes.
MR. ILAGAN: Okay. The reason why I’m asking and curious is, I serve for six
years and I’m always trying to figure out what the veterans are currently working
on. One of the things I wanted to ask you too is, within your 100-years plan.
What’s the first and second projects that you’re looking to accomplish within the
next year or two?
MR. GROGAN: Our major project would be an information center at the
cemetery. We get a lot of tourists that drive by our cemetery and come up.
Currently our hours that the county maintains the cemetery is four hours a day,
8:00 to noon, Monday through Friday. So the cemetery is closed to the public. It
should be open sunrise to sunset. But there is an issue in regard to getting the
gates open. It’s taking funds from the county to do that. So the visitor center
would be a priority for us, a brick and mortar. Then we would have volunteers,
docents there to greet the tourists, and others who come the community. I should
mention that anyone whose family member close friend is interred at the cemetery
has the combination to the cemetery itself, so they can access the cemetery 24/7.
It’s just the public otherwise, that’s not able to go there.
That would be our major project, the primary project, would be the visitor center
and to have the cemetery accessible to the general public for longer hours, which
might require some additional funding somewhere, either private donations to
have private security open it. It is a federally funded or constructed cemetery,
state-owned land, county managed. And we’re very appreciative of the county
Parks and Recreation Department and our county employee Jaye Dempsey, who’s
just a wonderful caretaker.
MR. ILAGAN: By chance do you have an estimate how much that would cost to
actually keep the hours that you’re looking forward to?
MR. GROGAN: No sir, I don’t. I could.
MR. ILAGAN: It’s fine.
MR. GROGAN: We could make the necessary contacts and deliver that
information to you to, and to other Council Members. I’d be glad to do that for
sure.
MR. ILAGAN: If you could for me. I am just curious and keep it in the back of
my mind.
MR. GROGAN: Well as a six-year veteran, did I understand you to say? Your
ticket has been punched. You have a spot there for you or your spouse.
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Hawai‘i County Council-10 April 15, 2015
MR. ILAGAN: I hope I’m not going to have to use that any time soon, but thank
you so much.
MR. GROGAN: Thank you.
CHR. KANUHA: Thank you, Mr. Ilagan. Could you repeat your name for the
record?
MR. GROGAN: My name is John Grogan. Kona resident.
CHR. KANUHA: Mahalo. Council Members any other discussion on Resolution
134-15? Hearing or seeing none, all in favor say “aye.”
Vote on Res. 134-15: The motion to adopt Res. 134-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Thank you. I also see Mr. Ventura in the back
there. Are you here for PONC (Public Access, Open Space and Natural
Resources Commission) fund? No. Okay Mr. Clerk, can we do Resolution 127?
Res. 127-15: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE
OF OFFICE SPACE FOR THE OFFICE OF THE PROSECUTING ATTORNEY
IN WAIMEA
Authorizes the Mayor to enter into a multi-year lease agreement with Starr
Equities, Inc., for 600 square feet of additional office space adjacent to space
currently occupied by the Prosecuting Attorney’s Office located at 64-1067
Māmalahoa Highway, Waimea. The initial cost would be $900 per month, with
annual increases to a maximum of $948 per month.
Reference: Comm. 207
Intr. by: Ms. Eoff
Approve: FC-15
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Hawai‘i County Council-10 April 15, 2015
Motion to Approve: Ms. Eoff moved to adopt Res. 127-15 and Finance
Committee Report No. 15. Seconded by Ms. Wille.
CHR. KANUHA: Ms. Eoff.
MS. EOFF: Thank you. Mr. Ventura, would you like to go ahead and give us
some background here?
MR. VENTURA: This was discussed previously.
CHR. KANUHA: Please state your name for the record.
MR. VENTURA: Oh, Good morning. I’m Hamana Ventura, Property Manager.
We’re just asking for approval to move forward with our lease for the
Prosecutor’s Office, to provide additional services in Waimea.
MS. EOFF: I know we did discuss this in Finance Committee. So we have the
background.
CHR. KANUHA: Thank you, Ms. Eoff. Any other discussion? Mr. Ilagan.
MR. ILAGAN: Thank you, Mr. Chair. Mr. Ventura, since I’ve been in Council,
I’ve been seeing these requests for office spaces, and you have been active and
more well informed than I. I just wanted to ask, what are you seeing on the sense
of—because what I’m thinking is that all these office spaces are—are they
consolidated in one area, or are they all over the place? Because since I have
been in, I’ve been trying to think about consolidation and trying to figure out a
bigger space. That way we can put all of the different departments there. Would
it be cheaper or so on? I’m just wondering, what are you seeing when you look at
all of these office space rents from all over the area. Should it continue being—
do you know what I’m trying to say, or am I confusing you?
MR. VENTURA: Well thank you. I think what we’re trying to do is take a look
at what are the services, how can we accommodate our population. In Waimea
we don’t have as much as a presence as we would like to. So with the availability
of space being located right next to the existing Prosecutor’s Office, it just seemed
to be a win-win situation where we could help the community, provide better
services. But overall, if we’re looking at consolidation of resources, then that’s a
question that we can look into more detail. But right now for this particular
Prosecutor’s Office, it’s being able to expand in that particular location. Office
space in general, there seems to be quite a bit of it here in Kona. As we move
towards Waimea, we have less availability, and to be able to look at that particular
Holomua Center, and have a side-by-side office is beneficial for us.
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Hawai‘i County Council-10 April 15, 2015
MR. ILAGAN: I am a strong supporter of what the Prosecutors are doing in
reaching out to Waimea. I understand how—I’m trying to get more services in
Puna, and I would like to see more services in Waimea, too. What I guess I—and
thank you for sharing what you just shared. I guess what I’m seeing too is this is
the initial phase for you guys. What I would like to see, I guess in the future, is
some sort of one-stop shop for the county. That way not only—like in Hilo, it’s
great, because you have Planning there you have Public Works there, it’s all in
that one area, and I would like to see Waimea head towards that growth. It’s just
another direction. But it’s not—I’m not saying that it’s the only option. But it
maybe, if we can keep that in mind to have our county facilities in one area close.
That way when a person is going to the Prosecutor, they happen to go to another
department, and get to know more of our county. I notice that convenience, that
close by, actually sparks that interest, and then they have more of an
understanding what the county services—how much services we’re actually
providing to the community.
So that’s what I was trying to get to. Thank you for giving me that incite of the
West Hawaiʻi has more office spaces, and of course the rural areas lack those
infrastructure, which is those office spaces. And I’m glad that Waimea is getting
those services now with this resolution, or getting more continued services, I
should say.
MR. VENTURA: Thank you.
CHR. KANUHA: Thank you, Mr. Ilagan. Any other oh, Ms. Wille.
MS. WILLE: Just quick following up on Council Member Ilagan’s question.
Really this is a consolidation with respect to in Waimea. We have the courthouse
on the other side of the street, the police station on the other side of the street, my
office right next door. It’s consolidating these two offices where they need
additional space. So we’re trying to do what’s the most economical, and keep it
as close as possible. But at the same time, just in terms of big picture of
consolidation, one of the big issues is so much consolidated in either Hilo or
Kona, so that it’s really our offices, or my office becomes the social service
center. Then okay, if you really want mental services you have to take the bus
over there.
So it’s, I think his first response where the service is needed has to be the high—
that has to be the critical point, and not where we’re saving money but we’re not
providing the adequate service. Just following up that really the way Waimea is
laid out we are working to keep everything in a certain network right there, walk
around. Hang out on the hospital, the Prosecutor, the courthouse, the community
room, my office all in one hour.
CHR. KANUHA: Thank you, Ms. Wille. Mr. Paleka.
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Hawai‘i County Council-10 April 15, 2015
MR. PALEKA: No, I just wanted to add, thank you Mr. Ventura for the last time
when we were in Finance for explaining the amounts and per square foot cost. I
think it’s economical, it’s a good deal. We’re getting office space that is right
next on the adjoining unit. I will be supporting this, as we all did in the last
Finance.
CHR. KANUHA: Thank you, Mr. Paleka. Any other discussion? Hearing—oh,
Mr. Ilagan.
MR. ILAGAN: Thank you, Mr. Chair. Just quickly I just want to say that’s great
to hear Council Member Wille. I’m very jealous that you guys have a courthouse.
I wish we had one, because—I’m not saying that we have a lot of cases, but we
are doing our best to mitigate that, and try to have a better, healthy community.
So I’m jealous about the courthouse. Good job.
CHR. KANUHA: Thank you, Mr. Ilagan. Okay, any other discussion? Hearing
or seeing none all in favor say “aye”
Vote on Res. 127-15: The motion to adopt Res. 127-15 and Finance Committee
(Adopted) Report No. 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.
CHR. KANUHA: Motion passes, thank you. Mr. Clerk, Resolution 128.
Res. 128-15: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE
OF REAL PROPERTY
Authorizes the Mayor to enter into a five-year lease agreement with the option of
two five-year extensions for two buildings and parking space located next to the
West Hawai‘i Traffic Division’s current facility, to be used by the Public Works
Department at a cost of $6,000 per month.
Reference: Comm. 208
Intr. by: Ms. Eoff
Approve: FC-16
Motion to Approve: Ms. Eoff moved to adopt Res. 128-15 and Finance
Committee Report No. 16. Seconded by Ms. David.
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Hawai‘i County Council-10 April 15, 2015
CHR. KANUHA: Ms. Eoff.
MS. EOFF: Thank you. I know Mr. Ventura explained to us this was next to
Saint John’s Road. This will be used by the Traffic Division, so I do see
Mr. Thiel in Hilo, or if Mr. Ventura wants to continue to speak on this one.
MR. VENTURA: Oh, there’s Ron. Looks like Mr. Thiel.
MS. EOFF: Or if Ron has anything to add?
MR. THIEL: Yeah I’m Ron Thiel, Chief of the Traffic Division. Do you have
any questions on this?
MS. EOFF: No we don’t.
CHR. KANUHA: Okay, thank you, Ms. Eoff. Any other discussion on
Resolution 128? Hearing or seeing none all in favor say “aye.”
Vote on Res. 128-15: The motion to adopt Res. 128-15 and Finance Committee
(Adopted) Report No. 16 was carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes, mahalo. Mr. Clerk, can we move to 122-15?
Page 23
Hawai‘i County Council-10 April 15, 2015
Res. 122-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO
KOKOLULU FARM AND CANCER RETREATS, INC.
Transfers/appropriates $2,500 out and from the Clerk-Council Services –
Contingency Relief account (Council District 9); and credits the same to the
Department of Research and Development, Hawai‘i County Resource Center,
Miscellaneous Contract Services account (Kokolulu Farm & Cancer Retreats, Inc.).
Funds would be used to pay for a three-day workshop open to the community
at no charge.
Reference: Comm. 197
Intr. by: Ms. Wille
Postponed: April 1, 2015
(Note: There is a pending motion by Mr. Paleka and duly seconded by
Ms. David to approve Res. 122-15.)
CHR. KANUHA: Thank you, Mr. Clerk. There’s a motion on the floor, and I’ll
give the floor to Ms. Wille.
MS. WILLE: Yes. Do I have to do motion to approve?
CHR. KANUHA: No. There’s a pending motion.
MS. WILLE: Okay, this includes a cancer retreat, but the focus here in the
resolution—is focused on community health, nutrition, stress management skills,
exercise. So basically preventive health, and bringing it on a community level
and how can we get people that have a lot of expertise, and sort of train others in
the community and enable them. Basically work towards better health in this
area, eating habits, exercise routine, improved quality of life. So that’s what it’s
all about. I will say, with Lonnie (inaudible), she did ask me about funds for her
organization, and she disagreed with others of mine, and I said I was committed.
st
But that as of July 1 I would be open to putting something in for their project.
So anyway, thank you very much.
CHR. KANUHA: Thank you, Ms. Wille. Any other discussion? Mr. Ilagan.
MR. ILAGAN: Thank you, Mr. Chair. Would it be okay to ask a question to
Council Member Wille?
CHR. KANUHA: Yes, that’s fine.
MR. ILAGAN: First of all Council Member Wille I’m going to support this and
vote for it. I just want a little bit of clarification, because I was listening to the
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Hawai‘i County Council-10 April 15, 2015
testimony, and I heard that—just for the public’s sake, so the three-day workshop
and that’s available to the public. Is it for a certain fee? Okay, so it’s free,
available to the public, because they’re going to get funds from other places?
MS. WILLE: And what additional funds they need they’ll be providing on their
own. So I am giving some towards—. If you’d like—I thought you were asking
Ms. Wille—
MR. ILAGAN: I was about to ask you, but I realized—unless you know this
answer to this question. How much is this three day workshop’s total cost?
MS. WILLE: No, if you would like to know that, then we can bring them
forward. If the Chair is okay with that.
MR. ILAGAN: Is that okay? Can you come forward? Because there was
testimony on it, and I would prefer more clarification, and not leave people with
misperceptions.
(Note: At this time, Lew Whitney, Vice President and Co-founder of
Kokolulu Farms and Cancer Retreat, came forward to address the
members of the Committee.)
MR. WHITNEY: First of all, the workshop will be opened to anybody on the
island community-wide. We’ve moved from kind of a treatment modality where
people come in with stage four cancer, et cetera. We’re also realizing we need to
do prevention work for people to let them know, as I mentioned earlier, that there
are things they own health. So this proposal would allow us to access many more
people, and offer it free of charge.
In terms of the cost, the rest of the costs that will be needed for this will be food
facility, paying teachers, et cetera. So the cost is beyond $2,500 dollars, but
Kokolulu will take care of those costs within our nonprofit organization. They’ll
be no fee, et cetera, we’ll advertise it island wide, and anybody can come.
Facility-wise, right now we can accommodate about 30 people. But it may be that
we can find another place to hold it, so we can have additional people. For
instance, next week we’re going to be in Hilo. We’re doing at Komohana where
doing a free talk to talk to people about stress management, QiGong, et cetera,
because people in Puna and Hilo said, "What about us? Hawi is a long place to
go.” We’re doing in May, another workshop in Kona. So realizing that people
are busy, and they have a long ways to go. I don’t know if that answers your
question.
MR. ILAGAN: It does. The question that I had was, the max people that you can
help out is 30.
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Hawai‘i County Council-10 April 15, 2015
MR. WHITNEY: Right now.
MR. ILAGAN: Within this three day. I was hoping if you could keep this in
mind. There seems to be—Puna people for example, you seem to have like a
waiting list. Like more people come in, and they actually want to, but you can’t
service them. You seem to have a high number of Puna people who want to seek
your service. Reach out to me if you don’t mind.
MR. WHITNEY: I appreciate that.
MR. ILAGAN: I would like to have one in Puna that way it’ll be closer. But
thank you for sharing that info.
MR. WHITNEY: Just a footnote here. We get a lot of people from Puna with a
cancer diagnosis, and as you well know if you have family members, et cetera,
that have been through cancer. My wife is a cancer survivor. Her late husband
was on IV (intravenous) chemo for 12 years. But in those days, over 20 years,
ago, they never saw a bill, because the insurance covered. That’s not the case
now. People come to us and they’re financially wiped out. So we do everything
in our power to provide services to people free of charge. But we also have to
keep the doors open, and continue to move ahead, and we get more and more
people. Like I mentioned, we had 1,400 people come through our organization
last year, which was four times as much as the year before. So as people know
that these services are available, they contact us all the time. So we appreciate
your consideration. I know you have a full agenda. So, mahalo. Any other
questions?
MR. ILAGAN: Thank you.
CHR. KANUHA: Thank you, Mr. Ilagan. Any other discussion? Hearing or
seeing none all in favor say “aye.”
Vote on Res. 122-15: The motion to adopt Res. 122-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes.
MR. WHITNEY: Mahalo, all the best to you guys.
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Hawai‘i County Council-10 April 15, 2015
CHR. KANUHA: Thank you.
MR. WHITNEY: Stay healthy.
CHR. KANUHA: Can you press your microphone off? Thank you. We have
Mr. Yoshimoto in Hilo to answer any questions on Resolution 121. So Mr. Clerk,
can we go to Resolution 121?
Res. 121-15: ACCEPTS THE DEDICATION OF LOT 4 AND DRAINAGE EASEMENT,
BEING TAX MAP KEY: 6-7-002:063, SITUATE AT WAIKOLOA AND
PU‘UKAPU, SOUTH KOHALA, ISLAND OF HAWAI‘I, FROM
PR MAUNA KEA LLC AND MICHAEL W. GIBSON, TIMOTHY E. JOHNS,
AND B. G. MOYNAHAN, AS SUCCESSOR TRUSTEES UNDER THAT
CERTAIN UNRECORDED LAND TRUST AGREEMENT FOR THE
PARKER LAND TRUST DATED SEPTEMBER 13, 2002
Dedicates Lot 4 and the drainage easement, containing an area of 23.945 acres
and 0.824 acre, respectively, for public park and recreational purposes.
Reference: Comm. 196
Intr. by: Ms. Poindexter
Approve: PWPRC-7
Vote on Res. 121-15: Ms. Poindexter moved to adopt Res. 121-15 and Public
(Adopted) Works and Parks and Recreation Committee Report No. 7.
Seconded by Ms. David and carried by the following voice
vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Mahalo J, for waiting. Okay, we also have a
few P and R resolutions that I want to get before we do some other ones. So I’d
like to go to Resolution 136-15. Mr. Clerk.
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Hawai‘i County Council-10 April 15, 2015
Res. 136-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PURCHASE RECREATION
EQUIPMENT FOR VARIOUS FACILITIES IN COUNCIL DISTRICT 2
Transfers/appropriates $5,100 out and from the Clerk-Council Services –
Contingency Relief account (Council District 2); and credits the same to the
Department of Parks and Recreation, Recreation Division Equipment,
Miscellaneous Equipment account (Recreation Equipment – Council District 2).
Reference: Comm. 222
Intr. by: Mr. Chung
Motion to Approve: Mr. Chung moved to adopt Res. 136-15. Seconded by
Mr. Onishi.
CHR. KANUHA: Mr. Chung, you have the floor.
MR. CHUNG: Yeah, very briefly the Department of Parks and Recreation
wanted to put two portable basketball goals for the little kids at the Carvalho Park,
Piʻihonua Gym, so I used some money, and hopefully everyone can support it.
Thank you.
CHR. KANUHA: Thank you Mr. Chung. Is there any other discussion? Hearing
or seeing none all in favor say “aye.”
Vote on Res. 136-15: The motion to adopt Res. 136-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Mr. Clerk, can we move down to
Resolution 138-15.
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Hawai‘i County Council-10 April 15, 2015
Res. 138-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT FOR FURNITURE AND EQUIPMENT AT
KONA IMIN CENTER
Transfers/appropriates $29,100 out and from the Clerk-Council Services –
Contingency Relief account (Council District 7); and credits the same to the
Department of Parks and Recreation, Recreation Division Other Current Expenses,
Miscellaneous Materials and Supplies account (Kona Imin Center).
Reference: Comm. 224
Intr. by: Mr. Kanuha
Motion to Approve: Ms. Eoff moved to adopt Res. 138-15. Seconded by
Ms. David.
CHR. KANUHA: Is there any discussion? Mr. Ilagan.
MR. ILAGAN: Thank you, Mr. Chair. So this is your contingency funds and this
is going for furniture?
CHR. KANUHA: Yes.
MR. ILAGAN: That’s, wow, quite a lot of furniture.
CHR. KANUHA: It’s a lot of the tables and chairs. Oh, would you like me to—?
MR. ILAGAN: Please.
CHR. KANUHA: If I can indulge the Council, it does cost a lot to get these
tables and chairs. The Imin Center has heavily needed an upgrade, and we can
have Mr. Souza here, if you have other questions. But it has been an ongoing
problem for a long time with these tables and chairs. As a lot of the parks or the
facilities here in Kona have been. But we have been upgrading them yearly, so
this is one of the next ones I been trying to working with. So, I was going to work
with Ms. Eoff, and we have been working together on this one. But Ms. Eoff ran
out of money. So it came out of both of us. But you can ask Mr—
(Note: At this time, Recreation Director Mason Souza came forward to
address the members of the Committee.)
MR. SOUZA: Yeah, the chairs actually, you’ve got to fit a certain weight limit.
That’s why I say it’s very expensive. We cannot just buy the cheaper chairs,
because people have sat on it and it cracked. You look at Aunty Sally’s, we throw
away probably about 15 chairs a year, because when we purchased those chairs
maybe about 15, 20 years ago it was best bang for the buck. But now we’re
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Hawai‘i County Council-10 April 15, 2015
looking into buying—one chair actually costs about right now, the good chairs
about $80 to $100 for one. Because it’s supported. It has support mechanisms on
them.
MR. ILAGAN: Wow.
MR. SOUZA: Yeah, it is expensive. The tables, because it’s used every day and
we want to get the tables that won’t sag in the middle. Because after awhile, after
leaving the table out, these portable tables, it starts to sag. We try to get the best
tables we can get. So yeah, it is expensive.
MR. ILAGAN: Well, if you happen to have extra tables and chairs swing it by
Puna, if you don’t mind.
MR. SOUZA: Sure, yeah.
MR. ILAGAN: First dibs.
CHR. KANUHA: Thank you. I highly recommend that you don’t do that.
MR. ONISHI: In fact, we just did Pāhoa about two years ago I think, bought
some chairs, yeah.
CHR. KANUHA: Thank you, Mr. Ilagan. Mr. Onishi.
MR. ONISHI: I worked at the Imin Center way back in like 1991. So the chairs,
because I remember they had those plastic ones with the glides on the bottom, and
what would happen is the glides would break. So when one would break,
wouldn’t be too bad, because they could still kind of balance. But when the
opposite corners would break, now you’d be rocking and rolling. So at one point
I had like over 30-something chairs that was in the storage, because we couldn’t
use it. I submitted work orders, but nothing really happened. Is that going to be
the same kind of chairs?
MR. SOUZA: No. It’s folding chairs.
MR. ONISHI: Folding chairs.
MR. SOUZA: That’s the double brackets they put on now to carry the weight.
We try to stay away from the plastic chairs. The plastic chairs, I was at Old
Airport one day, and we had that down there. One of the bigger guys sat on it and
the chair just opened up. So we try to find the best chairs. It’s double supported
though.
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Hawai‘i County Council-10 April 15, 2015
MR. ONISHI: Another recommendation I would ask is that if you folks can
relook at your deposits. Because now like you were saying, you’re buying chairs
for $80 to $100 dollars. Now the deposit was like, what $100 dollars at Imin?
MR. SOUZA: It’s $200 I think now.
MR. ONISHI: $200 at Imin?
MR. SOUZA: Yeah.
MR. ONISHI: But then if they take five chairs we’re out of $1,000 dollars, or
$500 dollars, and the deposit—
MR. SOUZA: So what we try to do is, if it’s negligent on the party part it’s the
$200 plus the damage.
MR. ONISHI: Yeah, but if can be proven right. What if they say, “Oh we didn’t
know,” right?
MR. SOUZA: Yeah, yeah.
MR. ONISHI: That’s how they going always say, because we always dealt with
that. But that might be a thing, where we increase the deposit. So that way might
discourage them. Because even like clean-up before, they wouldn’t clean up the
Imin. Because the deposit at that time in 1991 was like $100 dollars. They would
leave the place trashed and the poor park guys got to come clean up the whole
place for a $100 dollars. So they use to score on top there. But something to look
at. I mean because of—
MR. SOUZA: Yeah, I think the next time we go ahead and redo the rules, I think
it’s something that we might opt to.
MR. ONISHI: Yeah, because even like—and if you can give me little bit
leeway—but like we just purchased the freezer, the refrigerator, the reefer, and
the stove at Aunty Sally’s right. So I would really want them to really take care
of it. So if you guys could even raise that deposit there.
MR. SOUZA: Yeah, I think we can put some deposits in that doesn’t need
approval. I mean like we do a key thing. When they lose keys, we have a deposit
like for like $75 dollars. Actually the key going cost about $300-$400 just to
rekey, because now you’ve got to rekey all the locks. But we try to get deposits
on everything that we have.
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Hawai‘i County Council-10 April 15, 2015
MR. ONISHI: Yeah, because most East Hawaiʻi people, you folks know that
Aunty Sally’s used a lot in the kitchen. So now they going have brand new stove,
gas stove, I think right, and a new refer.
MR. SOUZA: Yeah.
MR. ONISHI: So we want them to take care of it, right? Because we want that to
last 15, 20 years. Thanks.
MR. SOUZA: Usually we buy equipment that the life span is supposed to be
10 years. We try to make it last 20, and that’s why we pull all the deposits on
them and keep an eye on them.
MR. ONISHI: But I yield, thank you.
CHR. KANUHA: Thank you, Mr. Onishi. Any other discussion Council
Members? Yeah, I just wanted to say that the chairs they currently have right
now, is almost like the school chairs. The tables are the wooden tables, and it’s
just—
MR. SOUZA: Staples and everything on them.
CHR. KANUHA: So thank you for working with us on this one. All those in
favor of Resolution 138-15 say “aye.”
Vote on Res. 138-15: The motion to adopt Res. 138-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes, thank you. Next Mr. Clerk, Resolution 147-15.
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Hawai‘i County Council-10 April 15, 2015
Res. 147-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT FOR THE DEPARTMENT OF PARKS AND
RECREATION’S SPORTS WORKSHOPS
Transfers/appropriates $5,000 out and from the Clerk-Council Services –
Contingency Relief account (Council District 7); and credits the same to the
Department of Parks and Recreation, Recreation Division Other Current Expenses,
Miscellaneous Contract Services account (Parks and Recreation Sports
Workshops).
Reference: Comm. 241
Intr. by: Mr. Kanuha
Motion to Approve: Ms. Eoff moved to adopt Res. 147-15. Seconded by
Mr. Paleka.
CHR. KANUHA: Is there any discussion? Mr. Ilagan.
MR. ILAGAN: Thank you Mr. Chair. Sorry for the continued questioning.
Maybe I should stop right now, but my curiosity is getting to me. Is this the
workshop the training trainers that you’re trying to do?
MR. SOUZA: No, I believe they got their own funding from Council, and what I
wanted to do was spin off of that, and do individual sports instead of just—
because this is overall thing, positive coaching. What I wanted to do was, like in
Kona we have a tennis program now. We train the kids, but who trains the
trainers of the kids? And that’s what I wanted to do, bring in people. It costs kind
of good money to bring the people in from the mainland, or from Honolulu. What
I try to do is, I try to find if there’s trainers in Honolulu that they flew in, and try
to fly them from Honolulu to keep it cheaper for us. But is it does cost money to
bring these guys in, because we got to get hotel rooms and other stuff that go with
it. But it’s training the trainers that we try to do.
Before I go on though, I knew you was going to ask questions. But anyway, the
Veterans Cemetery, I like thank you guys for doing something like that for them.
Because my son one day will be using that I think. He’s in the army, and heaven
forbid but one day he might be—that would be his resting place, so thank you for
that.
MR. ILAGAN: Well thank you for managing that. So the concept regarding
training trainers is—so this is what it’s doing, it’s a single sport?
MR. SOUZA: Yeah, we want to train, like for our guys, we expect them to do all
the sports, right. We try to, like basketball, volleyball, baseball, and over the
year’s fundamentals, or teaching techniques change, and we want to share that
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Hawai‘i County Council-10 April 15, 2015
with the public. We’re not only going to train—when we train it’s not only for
our guys, we want to train everybody. It’s open to the public, and we need our
guys to teach the right things, to say the right terminology, so that when our kids,
even for officiating we try to train the guys, so when our kids grow up they
understand the game more. Everything is hand in hand, it’s not only about
teaching the kids, it’s about teaching the coaches, teaching the officials. We’re
missing a lot by not—we only train the kids, but what about everybody else?
MR. ILAGAN: That’s the same concept that Council Member Onishi—with
domestic violence, he’s training the trainers. And do they get certified so they can
train others?
MR. SOUZA: Yeah, our guys do. We try to do that now. Before it was, you just
take the class. Like for me I do basketball, and I have to fly to the mainland every
summer, and I spend something like $4,000 just to get the class. The class itself
is about $700 to $800, and the rest is airfare, hotel, and whatnot. But to get all of
our guys to fly up there and spend their money why not bring them here?
MR. ILAGAN: So how many guys are certified right now currently in the island?
MR. SOUZA: For our staff we have all at the gyms, they can teach. They have
the expertise. Are they certified? We don’t have certificates, but they’re on the
job. So we need to train them. We have some stuff like speed and agility and
whatnot that they need to know. They need to know how to prevent the injuries.
Proper techniques on jumping, running, and if we can teach them that and get the
certificate that will be great.
MR. ILAGAN: Well at least we should do that here. At least with the current
staff that we have.
MR. SOUZA: Yeah.
st
MR. ILAGAN: So I don’t have any money right now. Maybe come January 1, I
might be able to help.
MR. SOUZA: You the man.
CHR. KANUHA: Thank you, Mr. Ilagan.
st
MR. ILAGAN: July 1.
CHR. KANUHA: Any other discussion, Council Members? Hearing or seeing
none all in favor say “aye.”
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Hawai‘i County Council-10 April 15, 2015
Vote on Res. 147-15: The motion to adopt Res. 147-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes.
MR. SOUZA: Can I say one more thing though? If you guys like, was talking to
Greggor about the hours at the facility. Anything is possible, adjusting hours like
that. Just let me know, and I can hit the spots we’re lacking. But anyway, thanks
to you guys. Thank you, thanks for what you guys do.
CHR. KANUHA: I think there is one more for—
MR. SOUZA: One more?
CHR. KANUHA: I don’t know if you need to be for this one. It’s another P and
R one. Resolution 154-15
Res. 154-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIG ISLAND
SPORTS HALL OF FAME FOR ITS COMMEMORATIVE WALL OF
HONOREES
Transfers/appropriates $2,500 out and from the Clerk-Council Services –
Contingency Relief account (Council District 2); and credits the same to the
Department of Parks and Recreation, Parks and Recreation Administration Other
Current Expenses, Miscellaneous Contract Services account (Big Island Sports
Hall of Fame).
Reference: Comm. 248
Intr. by: Mr. Chung
Motion to Approve: Mr. Chung moved to adopt Res. 154-15. Seconded by
Ms. Eoff.
CHR. KANUHA: Mr. Chung you have the floor.
MR. CHUNG: Yeah, that nonprofit needed some money. So I’m trying to give
them some money. Hoping we can get the support.
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Hawai‘i County Council-10 April 15, 2015
CHR. KANUHA: Thank you, Mr. Chung. Mr. Ilagan.
MR. ILAGAN: Mr. Chung where’s this going to be at?
MR. CHUNG: This is going to be at the Kaikoʻo Mall.
MR. ILAGAN: Oh, okay.
MR. CHUNG: They had to relocate, because—what’s name of the furniture
company? The new one that’s moving into the mall? Pier 1 is moving into the
site that the wall of honor was at. So now they’ve been forced to move
someplace. But they still have to pay rent, and things like that So there’s some
start-up costs, and I’m expecting that they will be able to sustain themselves in the
years ahead, because this is the last time I going to be giving, I think.
CHR. KANUHA: Thank you, Mr. Ilagan. Any other discussion? Hearing or
seeing none all in favor say “aye.”
Vote on Res. 154-15: The motion to adopt Res. 154-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Mr. Clerk, I think we’re going to go the top of
the agenda.
MR. HENRICKS: There’s a request from Corporation Counsel. If we could take
a particular bill to ensure that we do so—on the chance that we break for lunch.
CHR. KANUHA: Sorry I didn’t understand one word you said.
MR. HENRICKS: Oh, because I was going like this.
CHR. KANUHA: Yeah.
MR. HENRICKS: Hang on just a second.
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Hawai‘i County Council-10 April 15, 2015
MR. ILAGAN: So what the Clerk was saying is Corp. Counsel would like to see
a particular bill before we break for lunch, and they’re trying to sort what bill they
want to take out of order.
CHR. KANUHA: Which bill is that?
MR. HENRICKS: Consideration for the Salary Ordinance, Bill 35, prior to
breaking for lunch. Because I believe there is somebody waiting in Hilo, in case
there’s any questions.
CHR. KANUHA: Who’s waiting in Hilo?
MS. MOYER: We just have Bobby Jean here.
CHR. KANUHA: For the Salary Ordinance?
MR. HENRICKS: So to confirm, the HR (Human Resources) representative isn’t
there yet, but it was just a matter of trying to make sure she could be there when
this comes up, and it’s hard to predict when that’s going to happen.
CHR. KANUHA: Yeah, she can come. But we’re going just go ahead with
Resolution 87-15.
Return to Order The Chair directed the Council to return to the regular 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. 87-15: URGES THE MAYOR TO ENTER INTO ONE OR MORE MULTI-YEAR
(Draft 2) CONTRACTS FOR ZERO WASTE DIVERSION PROGRAMS TO DIVERT
RECOVERABLE MATERIALS FROM THE LANDFILLS
Reference: Comm. 130.3
Intr. by: Ms. Wille
Negative: EMC-3 (Due to a vote of 4-ayes, 4-noes,
1-absent
Motion to Approve: Ms. Wille moved to adopt Res. 87-15, Draft 2, and
Environmental Management Committee Report No. 3.
Seconded by Mr. Onishi.
CHR. KANUHA: Ms. Wille, you have the floor.
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Hawai‘i County Council-10 April 15, 2015
MS. WILLE: Just quickly, we are the policy body. We passed in 2009 our
County of Hawaiʻi Integrated Resources and Zero Waste Plan. Set a policy as we
move forward, and we’re now moving on that track. Just to over simplify the
components and put this in perspective. We try to reduce the source. In other
words, get waste out before it even comes into the waste stream through education
and other ways. Then we divert, and as I see it the simple categories are
compostables, which we’ll be dealing with on some other items today. Then
recoverable and reusable materials.
This resolution has to do with that, diverting recoverable, reusable materials.
Everything from textiles, ceramics, polymers, metals, glass, demolition wood, and
other reusable materials. So I think the Administration has cut out, or canceled
some of those contracts. That was while the incinerator was still in the offing. I
think it’s important that we promote these. I think people that came in and
testified in the past such as Roy from Mr. K’s, how we divert—that the word for
me is avoiding costs. That’s what it’s all about. We’re avoiding the cost, not just
the cost of what it takes to truck it to the landfill. But the likelihood of—or the
certainty that we’ll need a new landfill if we keep doing that. So it’s both short
term and long term costs.
I just want to make one example and that’s demolition wood. Right now, often
when you look at the charts how much of that is not recoverable. It’s a sort of
high amount that ends up in the landfill. Whereas say even in Puna I think, where
they set a lot aside it’s even taken for free. In Southern California there’s a
contractor, the primary contractor for that area, is diverting 95 percent of
demolition materials. So again, this is in the same way like the compostables,
we’re urging, we’re trying to get it out there, and get others to do it. If you
haven’t been to Mr. K’s in Hilo, you should go and get things.
I know there was opposition, when it came up in Council and I didn’t fully
understand. So if there is opposition, rather than just voting no, I’d really
appreciate hearing the questions or concerns that you all—so that I know what it
is that needs to be addressed, or where I’m failing, and not communicating very
well.
CHR. KANUHA: Thank you, Ms. Wille. Ms. Poindexter.
MS. POINDEXTER: Yeah, I don’t think it’s opposition that you’re hearing,
because I think we’re all working towards zero waste. So with no disrespect to
Cory Harden’s testimony when she said, that she thanked Council Member Wille,
because the Administration wasn’t doing anything. That’s a misguided
perception, because we’re hearing that DEM (Department of Environmental
Management) is doing a lot, and I know that I’ve personally met with them, and
talked about zero waste diversion, and what we’re planning do and especially in
our community. So I don’t like the misguided perception that if I don’t put
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Hawai‘i County Council-10 April 15, 2015
forward a resolution that means that I’m not doing zero waste. Because I think—I
don’t want to speak for all of us, but I am sure we are all looking at that.
So it’s not that I am opposing Council Member Wille’s resolution, because I am
opposing zero waste. That’s totally a misguided perception in every way.
Because we’re working towards that. I’m working with department heads, with
my community, to be able to get to this point. So I don’t need to put a resolution
forward. Because I’m out there working at the grass-roots level and making it
happen and meeting with department heads. So for me I don’t like the word like,
or the perception that we’re opposing it. So I’ll yield at this time.
CHR. KANUHA: Thank you, Ms. Poindexter. Mr. Chung.
MR. CHUNG: Thank you Mr. Chairman. Anybody else want to speak on this
matter? If I could just get your indulgence, Mr. Chairman. Looks like, because I
wasn’t present during the time that this was held, I might be the swing vote. So I
just want to hear what people have to say, and then I’ll make a decision based on
that. Thank you.
CHR. KANUHA: Thank you, Mr. Chung. Mr. Paleka.
MR. PALEKA: I just wanted to comment and respond to Margaret’s, asking our
concerns. Especially when she brought up the construction material. There’s
some concern when the older buildings get demolished, and there’s lead paint that
comes off. Those type of construction materials, there’s special considerations
that have to be made for those older buildings with the lead paint. Not to mention
even the 70’s type, 60’s type. The canec material it contains arsenic when you’re
pulling down the old ceiling, similar to dry wall. The nails and other demo things
that come with the lumber and demolition material. If there’s cement stuff
coming through. I guess if we’re going to go out to contracts and bidding out,
their machinery is going to have to—the machinery they use is going to have that
in consideration. But the lead paint, and that type of stuff, specifically to your
question regarding construction material, I think one concern might want to be
discussed. But I—Margaret I love moving forward with this, with the intent of
the compostables, and I think we’re getting there. Thank you.
CHR. KANUHA: Thank you, Mr. Paleka. Any other discussion? Ms. Eoff.
MS. EOFF: Thank you, Mr. Chair. I was wondering if Bobby Jean
Leithead-Todd, Director, or Mr. Goodale could come forward? Because I
supported this resolution before. I didn’t see any harm in supporting it. Although
I’m much more excited about the resolution that’s being put forth by the
Administration right now, Resolution 126 which I introduced, and there’s
currently going to be an amendment that Bobby Jean referred to, or
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Hawai‘i County Council-10 April 15, 2015
Ms. Leithead-Todd referred to, that I think takes us even closer in alignment with
some of the objectives of the Zero Waste Management Plan and all the stated
objectives that we as a Council are supporting. So I don’t know if there’s any
conflict or any problem with supporting this resolution, as well as the other one,
or if it’s just unnecessary at this time given the movement and the progressive
nature of Resolution 126. You want to answer that now, Ms. Leithead-Todd?
MS. LEITHEAD-TODD: It’s a resolution that at best is expressing some interest
in doing things, but basically this isn’t a resolution that authorizes anything, or
sets up a program. It’s just a resolution urging us to do more. So it’s really just
up to the County Council what you want to do with this resolution.
MS. EOFF: Thank you. That was my thinking, so I didn’t have a problem
supporting it. But I don’t know what Ms. Wille—yes, she has more questions.
I’m going to yield.
CHR. KANUHA: Are you yielding at this time?
MS. EOFF: Yes.
CHR. KANUHA: Any other Council Members? Ms. Wille I’m going to let the
first round go through real quickly. Mr. Ilagan.
MR. ILAGAN: Thank you, Mr. Chair. Council Member Wille, I was listening to
what you had to say, and you asked the question why we would not support this.
As Council Member Poindexter, I agree that we do support zero waste. I wanted
to ask you, what exactly does this resolution do that currently the Administration
is not trying to move towards zero waste? So what is it that—what is it? That’s
my question.
CHR. KANUHA: I’ll let you answer that question, Ms. Wille.
MS. WILLE: Yeah, so just to be clear there’s things that go into compost the
greenwaste, this does not have to do with that. This has to do with materials that
can be recovered, recycled otherwise. Simple answer would be go stand at
Mr. K’s, and see the things that are being done there. Those diversion contracts
were canceled, and there was also with Atlas Recycling, some canceled. So how
do we get more of those and get back on track? So I felt just expressing the
Council, which we are the policy body. The Administration is the
implementation. Is just reaffirming let’s do that. It’s not a bill that you have to
do that. It’s an expression that we’re supporting this. I don’t think just on
Ms. Poindexter I don’t think—I certainly agree there is nothing.
MR. ILAGAN: If you could address me.
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Hawai‘i County Council-10 April 15, 2015
MS. WILLE: Yeah, okay. So if you want to know the specifics like the
cardboard or paper. Right now, we’re diverting—
MR. ILAGAN: I believe you answered my question. Thank you.
MS. WILLE: Okay.
MR. ILAGAN: I wanted ask the Director something. Director, listening to what
Council Member Wille was saying, is that are you currently looking at some of
the things that she was addressing? If so, what are you currently doing in the
sense of fact finding, or maybe some options that you’re looking into?
Council Member Wille, I agree that we could always do more. I just wanted to
also point out the fact that you keep on saying that we’re the policy maker. Well,
we can create laws for the police to enforce, but they need to enforce it. Just like
we can create something for the DEM, but they have to implement it. I’d rather
work together on this issue rather than trying to force something with DEM. At
least give them the opportunity to say, this is what they’re looking into. We could
look into more, but let’s hear out what some their options are first. If they have
any or so—go on.
MR. GOODALE: Okay. Yeah, Greg Goodale, County of Hawaiʻi Solid Waste
Division Chief. We’re sharing a mic, because the other one doesn’t want to
cooperate. So just to go—some of the concerns or questions about the programs
that we’re doing. I mean we’re continuing with our reuse centers, the division has
several programs that are set up, that are successful at diverting large tonnages of
waste. So as I said the reuse center, we do take in some of the things that
Ms. Wille was bringing up. As far as the reusable materials, construction type
materials that are brought in that people—if you have been to the Keaʻau transfer
station you can see a lot of that type of material that is actively brought in and
reused. We have the two-bin recycling program that is actively used at most of
our transfer stations, which also includes the glass. And then the HI-5 program,
which is very successful. Big Island is about a 98 percent redemption rate for
that. So when you look at all of the different programs that are available to the
public out there. Then also the scrap metal and white good diversion programs
that are available at a majority of the transfer stations. So those are just some of
the programs that we do. We do continue to have folks doing education in the
schools. We do tours and we continue to do that with our in-house staff. So those
are just some of the programs that we’re doing within the division.
MR. ILAGAN: Thank you, Mr. Goodale. I wanted to ask further question on a
sense of—thank you for letting us know what’s currently happening. But I think
what the perception is that, we’re not satisfied of what is currently happening in
the sense of we can always do more, and I wanted to ask what are some future
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Hawai‘i County Council-10 April 15, 2015
improvements that you’re looking to do to expand the service that you currently
have, or even making it more efficient and effective?
MS. LEITHEAD-TODD: Well, the primary mechanism that—this is Bobby
Leithead-Todd, Director for DEM. The primary mechanism we have been
addressing is upgrading our transfer stations, because that gives us the ability to
expand services. That gives us the ability to do additional greenwaste diversion,
it gives us the ability to provide the two-bin recycling at additional facilities. A
couple of things that Greg didn’t mention was the household hazardous waste,
and the electronic recycling that we do. The resolution that is on the agenda later
this morning will allow us to divert contaminated paper as well as food scraps,
because that is part of the in-vessel composting we’re proposing, and that’s where
we will see a significant increase in diversion.
MR. ILAGAN: Thank you, Director. Now Council Member Wille, are you
satisfied on the sense of expanding the transfer station so we can provide more
services? Isn’t that better than what you’re currently proposing which is kind
of—I wanted to hear your thoughts after hearing the DEM if that’s okay,
Mr. Chair?
MS. WILLE: I’m trying to urge that we do this right now out of say in Hilo,
150 tons that go in there a day, we’re diverting 1.5 tons. If we were doing more
incentive programs say with the cardboard, or with more—I’ll just take the
cardboard. I don’t think we would—and urging whether it was Atlas Recycling
was one of the entities that would be doing that. Some of the things that Mr. K’s,
that wouldn’t even come to us. So of that 150 tons, take out 1.5 which is mostly a
small portion of cardboard and that, it’s all getting shoved into the landfill.
So I think part of this for me is—let me finish my sentence please—is moving the
conversation forward. We can do this in terms of bills. But I don’t think, I’m not
trying to be—I think there’s like adverse to the Administration. Been working
with them. We have a huge sort station in Hilo. Originally that was to be a real
sort station, really sorting.
MR. ILAGAN: Council Member Wille, I believe you struck up a misconception.
It seems like there’s other Council Members who can clarify the statement you
just said that, “I can’t do it as well,” so I’m going to yield at this time, and
hopefully they can clarify that statement you just made. Thank you.
CHR. KANUHA: Thank you, Mr. Ilagan. Mr. Paleka.
MR. PALEKA: I wouldn’t want to clarify. I think it’s better that the
representatives from the Department of Environmental Management—I just heard
numbers of 150 tons per day, and only one and half tons being diverted. Could
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Hawai‘i County Council-10 April 15, 2015
the DEM reps please clarify on the numbers going in per day, and the amount
being diverted? If that is true, 150 tons and 1.5 being diverted?
MR. GOODALE: Not sure if this—sounds like the mic is working. Again Greg
Goodale, Solid Waste Division Chief. I believe that the number the 1.5 tons that
was being referred to by Councilman Wille was what’s being removed currently
from the sort station. There’s currently considerable more tonnage than that,
that’s being removed from the two-bin program, and the greenwaste program, and
also the scrap metal. So all of the other programs are considerably more than one
and a half tons per day being diverted away from the—so just looking at Hilo
alone when you look at 150 tons per day, when you look at all of the transfer
stations and programs that are associated with that landfill, it’s considerably
higher than one and a half tons per day.
MR. PALEKA: Thank you, Mr. Goodale. When I heard that number 1.5, I was
thinking my former truck full would bring in 2 tons of greenwaste, one trip. I am
sure there is more than one truck going into the greenwaste, and that’s what I used
to drop off. So I think that has to be clarified in terms of diversion not 1.5 tons
only being diverted, from 150.
CHR. KANUHA: Thank you, Mr. Paleka.
MS. WILLE: Clarify that number since it came up, because I don’t want some
misunderstanding.
Point of CHR. KANUHA: Point of clarification?
Clarification:
MS. WILLE: Yeah, so that was at the Hilo sort station. What’s being dumped
there, about 150 tons, sometimes less. But about 1.5 of what’s dumped there is
being pulled out and recycled, mostly cardboard and metal. That isn’t a number
for everything. It’s just at the Hilo sort station. You can go down there and look.
You can ask the people working there, and that’s what I was told by the people
who were working there. So I think if there was a misunderstanding about what
that 1.5 is.
Again, I mean we don’t have our reuse center going in Hilo. So it’s not—if you
want to say let’s not do a resolution. Let’s just work on this and bring bills fine.
But since we have been canceling, I felt that it was important to promote that
policy, just so you know where I am coming from.
CHR. KANUHA: Thank you, Ms. Wille. Ms. Poindexter.
MS. POINDEXTER: Yeah. It’s not canceling resolution. Because your
resolution, Resolution 87 is urging the Mayor to enter into one or more multi-year
contracts. Okay, I would prefer supporting Resolution 126, which authorizes the
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Hawai‘i County Council-10 April 15, 2015
Mayor to enter into a four-year contract. This one here is just urging to enter. I
prefer focusing on Resolution 126, because it’s so much more than just an urge.
They’re already working on what, Council Member Wille, what you’ve been
saying they’re working on. So this resolution to me should be a moot point, and
we should be moving on to Resolution 126, and that discussion that I will be
supporting. So thank you.
CHR. KANUHA: Thank you, Ms. Poindexter. Ms. Eoff.
MS. EOFF: Thank you, Mr. Chair. As I stated earlier I did support this in
Committee as some of us did. Now that I see where we are going in
Resolution 126 with all of the amendments, that was my question, whether this
one is even necessary. So I still don’t have really a problem supporting it, but I
don’t think it’s necessary.
CHR. KANUHA: Thank you, Ms. Eoff. I’m going to go, Mr. Ilagan. I’ll just
give Mr. Ilagan. I’ll give you the last.
MR. ILAGAN: You know what, I’ll yield to Council Member Wille. I feel like
this this is her resolution, and if there is more things you want to say, I’ll be more
than happy to hear them.
CHR. KANUHA: Thank you, Mr. Ilagan. Ms. Wille
MS. WILLE: Okay, I just wanted to clarify Ms. Eoff’s point, and sort of Ms.
Poindexter saying, “Let’s move on here on 126 where we’re actually doing
something.” There’s compost, things that go into compost, versus things that are
other than compost recyclables, okay. So 126 is only dealing with greenwaste,
things that go into that can be composted, not recycled, reuse, textiles. That’s
how I categorize things, compostables, recyclables, reusables, other than
composting. So this has to do with other than that, which would be dealt with in
126. So this isn’t the same thing. I’m not doing it as an overlap. I see it as two
different categories, and that’s sort of looking at it in terms of zero waste.
Again, I appreciate moving on and working on the sites. We need to work on
that. But I’m not trying to tell them to do something in this, just urging, “Let’s
look at it.” Not taking an aggressive stand. Here’s a bill to do “x.” That’s where
we’re at with compostables. That’s not what we’re dealing with in terms of
diversion, and we have canceled contracts. We have, the Administration has.
So it’s moving on from that, however. It’s really, “Let’s get going on it.” If you
want to say, “I don’t want to do it, I support it in concept,” fine. But I think it’s
not adversarial and it seems like you all are reluctant to do it, because like you
don’t want to offend, and make it seem like the Administration isn’t doing
anything, and that’s not what this is about.
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Hawai‘i County Council-10 April 15, 2015
CHR. KANUHA: Thank you, Ms. Wille. Mr. Ilagan.
MR. ILAGAN: Thank you, Mr. Chair. Well the fact is, Administration is
actually looking at expanding the transfer stations so they can provide other
services other than compostable and greenwaste. What you’re saying like the
two-bin, the scrap metal. They’re doing that, and that’s what you’re requesting. I
want to support you. I have been supporting you, and I just don’t want to show—
the key I feel to making good decisions is getting the facts straight. I don’t want
to confuse the public that we are doing this, because Administration is not doing
anything. We could do something in the sense of, let’s have a discussion with the
Administration, and let’s find out what they’re currently doing, so we can educate
the public that they’re moving towards expanding the transfer stations so they can
provide more other services like you’re asking for. Instead of saying,
“Oh, we must put this down, because we’re policy makers and we should make
the policy, because they’re not—” It seems like they’re not doing anything.
I just want to say Council Member Wille, I know you’ve been very good hearing
both sides, and I don’t—I feel like right now the fact is they’re doing something.
You keep referring to what has happened to the past. But let’s look at what we
could do in the future. That is really expanding those services like what you’re
asking for. But let’s keep in mind that—let’s communicate with DEM. Let’s
support what they’re trying to do, and maybe while we’re doing that, we think of
another idea and maybe they can support us. So I just want to say if you are
willing to entertain it, maybe postpone this to the chair so we can all support it,
and if something is not happening in a couple of months. Then you can bring it
back up. But let’s just vote on something that we can all agree. That way we’re
moving forward rather than we’re saying something’s not being done. If you’re
willing, Council Member Wille.
CHR. KANUHA: Thank you, Mr. Ilagan. Mr. Chung.
MR. CHUNG: Thank you, Mr. Chairman. I might not be the swing vote after all.
I am glad about that. I’m probably one of the guys who gave Ms. Wille the most
problems with regards to this over the last month or so. But quite frankly, and to
her credit she addressed many of those concerns. Of course there’s the lingering
one that Mr. Ilagan just brought up about this sort of implying that the
Administration isn’t doing what they’re supposed to do. I find that objectionable,
but I think we’ve all made it clear, and particularly in light of what
Ms. Leithead-Todd, the Mayor, and Mr. Goodale have been doing with regard to
Resolution 126. I think it’s apparent they’re doing a lot. But Ms. Leithead-Todd
also said that, and I agree, this is not an authorization, it’s not a requirement, it’s
just an urge, and I will consider it just a polite urge. I’m going to be voting in
favor of this thing. Just in deference to Ms. Wille’s hard work and her persistence
in trying to address everyone’s concerns. I give her credit for that.
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Hawai‘i County Council-10 April 15, 2015
But I want to make one comment. There is one clause here. It’s the one right
before, and I just learned enacting clause, it’s the last recital “Whereas, it is in the
county’s best interest to enter.” I don’t quiet agree with that. I would be more
comfortable in saying, “it’s advisable for the county to enter into,” or “The
Council urges the Administration to enter.” But it’s there, we can’t make any
floor amendments, that’s fine. But I want to make this point: I don’t want to see
Resolution 87-15—if I am in fact the swing vote—I don’t want to see this referred
to in some other resolution saying that, “the County Council established as a
policy by Resolution 87-15 that it is in the best interest of the County to enter into
a multi-year contract.” But if you do that, you better put in parentheses, or with
the proviso that Mr. Chung, the swing vote, said that he really objected to that
clause.
But just really in deference to the hard work that she put in, I don’t see any harm
in just softly urging the Administration go ahead with these diversion programs,
multi-year contracts. We’ll see what happens, because really the diversion
programs are quite different from 126. They’re just a little different. Anyway
that’s my thought.
CHR. KANUHA: Thank you, Mr. Chung. Any other discussion Council
Members? Okay, I will—oh, Ms. Wille you can have the last word before I say
something.
MS. WILLE: I am willing to postpone this to the call of the Chair
Vote on Motion to Ms. Wille moved to postpone Res. 87-15, Draft 2, to the call
Postpone Res. 87-15: of the Chair. Seconded by Mr. Ilagan and carried by the
(Draft 2) following voice vote:
(Approved)
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Thank you, Council Members. Okay, well
now that we’re on this subject let’s go to Resolution 126-15.
Change Order As directed by the Chair and with no objections from the Council Members,
of Business: the following items were taken out of order:
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Hawai‘i County Council-10 April 15, 2015
Res. 126-15: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF A MULTI-FISCAL YEAR AGREEMENT FOR FURNISHING
ORGANIC WASTE DIVERSION OPERATIONS IN WEST HAWAI‘I AND
EAST HAWAI‘I FOR THE DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT
Authorizes the Mayor to enter into a four-year contract, with the option of two
one-year extensions, to provide organics diversion, treatment of mulch for invasive
species, a compost demonstration project, and to expand organic diversion
programs to a composting operation.
Reference: Comm. 206
Intr. by: Ms. Eoff
Approve: FC-14
Motion to Approve: Ms. Eoff moved to adopt Res. 126-15 and Finance
Committee Report No. 14. Seconded by Ms. David.
CHR. KANUHA: Ms. Eoff, you have the floor.
MS. EOFF: Thank you, Mr. Chair. At this time I would like to ask Director
Leithead-Todd, and/or Greg Goodale to chime in a little bit as to where we’re at.
I know we discussed this at length in Committee, and from the looks of this
amendment that I’m putting forward but actually was drafted by the
Administration, they listened to what the Council Members had said at our
meeting, and have expanded the scope. I would just turn it over to them right now
to explain where we’re headed.
MS. LEITHEAD-TODD: Aloha Council Members, this is Bobby Jean again.
The proposed Draft 2 of this resolution would significantly expand this, so that we
could do a full composting operation, and we anticipate that this would increase
by about 50 percent the amount that we’re currently diverting. Our greenwaste
program currently—
Relinquish Chair: At this time, Chair Kanuha relinquished the chair to Vice
Chair Poindexter.
ACTING CHR. POINDEXTER: Excuse me one second. Let the record show to
I’ve assumed the Chair, Council Chair that stepped out for a moment. Are you
speaking to Draft 2, or currently what is before us right now? Because Draft 2
has not yet been read into the record.
MS. LEITHEAD-TODD: I was speaking on Draft 2. Because I thought that’s
what I was being asked.
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Hawai‘i County Council-10 April 15, 2015
ACTING CHR. POINDEXTER: Okay, so I’m going to ask Council Member
Eoff do you want to—?
MS. EOFF: Yes, I did reference it, but I realize I need to make a motion first to
amend Resolution 126-15 with the contents of Communication 206.2.
Motion to Amend: Ms. Eoff moved to amend Res. 126-15 with the contents of
Comm. 206.2. Seconded by Mr. Ilagan
ACTING CHR. POINDEXTER: Discussion? Yes, Council Member Chung.
MR. CHUNG: Thank you, Madam Chairman. Maybe if I could ask our Deputy
County Clerk what we should do here. We have two other proposed amendments.
One by Ms. Wille, one by myself. What do we do now that we have a motion to
amend with the Administration? Do we just go ahead with that and maybe tweak
it?
MR. HENRICKS: The motion on the floor is amend with those particular
amendments. Understanding that there are two other amendments, and in a brief
review it appears to me that those other two amendments touch upon the same
areas and language. If they didn’t, then you could probably dispose of this one,
and assuming—if this one passed, then you could go ahead and entertain the
others. But if this one passes, I don’t believe that the other two amendments
would be available to the Council at this time, because they’re not taken into
consideration, the language that may be approved per 206.2.
MR. CHUNG: So we would bring up our respective proposed amendments
within the context of this discussion? Because it would still be a Draft 2.
MR. HENRICKS: I think, because there are some competing elements, I think it
would be okay providing the Chair and the rest of the Council agreed, to maybe
discuss those other amendments in the terms of this motion to amend. It’s in the
best interest of moving forward in a clear fashion, as opposed to neglecting to
mention those, because of parliamentary procedure and then kind of not being
able to really address those issues until it may be moot.
MR. CHUNG: Okay, I think I know what you said. So can I just ask for the
Chair’s indulgence, and perhaps allowing both Ms. Wille and myself to talk about
our respective proposed amendments within the context of this discussion?
Relinquish Chair: At this time Acting Chair Poindexter relinquished the chair
to Chair Kanuha.
CHR. KANUHA: No, I don’t think we should read all three in. I think what
Mr. Chung is saying, I’ll give that latitude for the Council Members to discuss
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Hawai‘i County Council-10 April 15, 2015
these three amendments. But know that we will be taking action on this
amendment first before we do anything else. So I’ll give that latitude. Ms. Eoff
did you have a point of order?
MS. EOFF: I just wanted to—you left the room, but I interrupted
Ms. Leithead-Todd. She was starting to discuss an amended version. I hadn’t
had a chance to make a motion to amend. So now we took care of the process, I
wanted to just let Ms. Leithead-Todd continue her train of thought.
CHR. KANUHA: Oh, so we’re not even on an amendment yet?
MS. EOFF: We did.
MR. CHUNG: We had a motion and a second.
CHR. KANUHA: So we’re on Communication 206.2.
MS. EOFF: Yes. That was so Ms. Leithead-Todd could continue to speak about
an amendment, or an amended Draft 2.
CHR. KANUHA: Currently you have the floor right now.
MS. EOFF: Yes, but before I turn it back to Ms. Leithead-Todd, I think just for
my own clarification what I think I heard the Deputy Clerk say is that, we now
have the opportunity to look at the proposed amendment that I introduced, and in
the same context the other two amendments that are before us. So that we can
kind of get a comparison and understand.
CHR. KANUHA: Yeah, what I want to do here is I want to give the other
Council Members who have amendments latitude to discuss their possible
amendments to this when they do have their discussion. When it is time for their
discussion. So we’re there now, and I think Ms. Leithead-Todd was going—.
MS. EOFF: That is going to be very helpful. Because it’s hard to just receive
these, and then trying to adjust it all any other way. So thank you.
CHR. KANUHA: Thank you, Ms. Eoff.
Point of Procedure: MR. ILAGAN: Point of procedure. Just if you could, when you’re talking about
it, reference the Communication, 203.3 or .4, so I can follow along on the
discussion. Just for my reasons, I’m slow.
CHR. KANUHA: Thank you. I just want to real quickly ask the Clerk if that’s
the best option, the best course of action we’re taking right now, and to not make
it as confusing as possible?
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Hawai‘i County Council-10 April 15, 2015
MR. HENRICKS: Let’s see how confusing it gets.
CHR. KANUHA: Okay, Ms. Eoff, you have the floor.
MS. EOFF: Well, I just wanted to hear from Ms. Leithead-Todd, because I had
stopped her discussion.
MS. LEITHEAD-TODD: The basic difference between the original resolution
that was submitted, and the draft that we submitted, is that we’ve changed it from
a four-year contract with two one-year extensions, to an 11-year contract with two
five-year extensions, and expanded this to be able to do a full-scale composting
in-vessel project, which would allow us to take diversion from 40,000 tons a year
to 60,000 tons a year.
CHR. KANUHA: Ms. Eoff.
MS. EOFF: Thank you.
CHR. KANUHA: Thank you. Mr. Chung
MR. CHUNG: Oh yeah. Thank you, Mr. Chairman. First of all, let me say when
you look at all three of these proposed amendments, they’re very similar. They
were all an upshot of the discussion that we had the last time we brought this up.
Basically, both myself and Mr. Paleka advanced the notion of having this be a
closed-vessel system. That’s been incorporated into all of these drafts. Ms. Wille
said that she wanted to have this thing put to bed before she died. I don’t know if
those were her words, but something to that effect. That’s why now instead of it
being a demonstration project it is now a full on project. And thank you, very
much, Administration, for taking that to heart.
Mr. Paleka, this is contained in my proposal, he said that he wanted something on
the ground. After all is said and done with the contract, when it expires he wants
at least to have something there. My proposal incorporates his concerns. I can
tell you specifically what it says that, and it’s also provided at the very bottom
that, “all on-site improvements shall belong to the county at the expiration of the
contract period.” I don’t think that is contained in the others. But other than that
it’s very similar. There’s just some minor—I worked within the context of what
the Administration provided.
I’ll give an example, on my first Whereas, I know it’s real confusing, but the
Administration’s resolution said the new contract will accept greenwaste. Now
contracts don’t accept greenwaste. Okay, and so I just changed it a little, I just
said, the new contract or “contracts will be designed for the purpose of diverting
green waste.” I mean it’s just a very minor thing. It’s not something that’s going
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Hawai‘i County Council-10 April 15, 2015
to change the meaning of the resolution. We talked about in-vessel, I’m almost
exactly the same as what was provided for by the Administration.
There’s one slight difference from mine and the Administration’s. The
Administration is looking at an 11-year initial term. In mine I just said it’s a
10-year term, but “may include an additional one (1) year to the initial term for
site preparation mobilization . . . ” So the intent is the same thing but it just gives
the Administration more flexibility in dealing with this; and quite frankly I don’t
know, when I saw 11 years, it’s just kind of weird right, like 10 years, nice and
round figure, but you add the one additional year for mobilization,
demobilization, and additional site work.
But the thing that I believe makes mine the best, no offense to anyone here, is the
last enacting clause, thank you very much Mr. Henricks, “Be it further resolved
that this authorization shall remain in effect for fifteen (15) months from the
adoption of this resolution.” Without this provision, all of the other resolutions
create an open-ended authorization. We got to put the Administration’s feet to the
fire, and allow them to move quickly. I thought one year is actually pretty good.
But I figured give them three more months, right, so made it 15, and that’s the
reason why I came up with 15. There’s really no method to the madness, but I
just thought it allows them that much more time. But there’s a drop-dead clause.
It’s not going to basically extend to the next Administration or anything like that.
Basically this Administration has to go and move ahead.
There’s another point I wanted to incorporate from Ms. Wille’s. She also wanted
to allow for the prospect of having not just one, but more of these types of
programs. I wanted to state that. It’s not to say that the Administration will find
it feasible to go with more than one, but at least it allows for that possibility.
Other than that, it’s really all the same when you look at it. I just thank the
Administration for coming forward with this. I’m open to any questions.
CHR. KANUHA: Thank you, Mr. Chung. I’m going to give it to Ms. Wille. Did
you have—yeah.
MS. WILLE: Okay. Yeah, I think—let me just say that I am fine with Aaron’s
version, provided it does have in here for one or more of these programs, and for
some reason I’m not—maybe you can point out where that language is. Just so
I’m clear on that. One or more, okay
Point of MR. ILAGAN: Point of information. Could you also state where, so I can
Information: follow?
MS. WILLE: Yeah. So it’s on the second page two under three it says “the
Mayor is hereby authorized to enter into one or more ten (10) year contracts.”
okay. So I’m just trying to—there’s a number of different groups working on this
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Hawai‘i County Council-10 April 15, 2015
that are very good. I’m not sure that I really want to create a monopoly where we
don’t have to. I see where we only choose one entity. That’s like the whole
island, that’s like the done deal. As I said, at the energy conference I went to, do
not create a monopoly unless the economies can’t afford the competition when it
has to do with public services. So that was important to me, is that this not be
where we’re necessarily going after one. If there’s really only one that looks
good, I didn’t want to foreclose that possibility. But I would hope that we follow
the example of say, a lot of the federal services. They always try to have at least
two. So you’re working, you don’t just—enabling one.
But otherwise I just want to commend the Administration for moving forward on
this. I think Aaron, I appreciate that he took a lot of these different points,
Mr. Paleka. Also I think partly it was for me what Greggor, Council Member
Ilagan said in terms of asking the question how many different entities that really
brought that to mind, and why that would be important. So I feel that we—in
terms of 126 we’ve really worked together. I would like to hear from the
Administration if they have a problem with any of the differences in Mr. Chung’s.
And at this time I will withdraw mine so that we don’t need to be dealing with
three when I feel we could dealing with two. But so I would like if Greg or
Bobby Jean—
CHR. KANUHA: Just real quickly for the record, Communication 206.3 was
withdrawn.
MS. WILLE: Yes.
MR. HENRICKS: Mr. Chair, that’s not necessary. It’s just a communication, as
long it’s not—a motion isn’t made.
CHR. KANUHA: Oh sorry.
MR. HENRICKS: As long as the motion isn’t made, then it’s—yeah.
CHR. KANUHA: Okay.
MS. WILLE: All right. I will do that, but until—anyway I am standing by either
Aaron’s or mine. I feel that his is fine and I can withdraw. I can withdraw mine.
So just in terms of the discussion, but we’re really back on the Administration’s.
I need to know what if anything is objectionable to them, and they can just look at
Aaron’s, because his will encompass—at least mine has more verbiage and
Whereas’ and et cetera, but I’ll let that slide.
CHR. KANUHA: Thank you, Ms. Wille. I think you had that question sent out
to that Administration.
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Hawai‘i County Council-10 April 15, 2015
MS. LEITHEAD-TODD: This is Bobby Jean. I’m going to be addressing
Mr. Chung’s proposed language. On the fifth Whereas clause, I do have some
objection to the expansive language, and part of that is that depending on the type
of proposals we have, while we anticipate greenwaste, paper, and food—and
untreated wood pallets are usually ground up and we consider them part of the
mulch—but the compostable plastics, it says that it shall include and that could be
a problem, because that takes a particular type of operation. So I would rather
just have it be a little more general, in terms of what we’re going to accept into it.
Because it’s really going to depend what is proposed, and what type of in-vessel
is proposed to us.
The rest—I don’t have an objection about hanging on to the infrastructure because
we were going to put that in the contract anyway. Because that was the intent at
the end of this that we would end up owning any infrastructure that was put on
county property. The rest of it is pretty consistent with everything that we have.
The only language that I was concerned about really was mostly in that fifth
whereas, or I didn’t want to be that specific about what would be in the stream.
CHR. KANUHA: Ms. Wille I’d like to—Mr. Chung just had a question for
Ms. Leithead-Todd.
MR. CHUNG: It’s not really a question, Mr. Chairman, I’m just wondering
inasmuch what the Administration just represented to us, perhaps if we could
table this matter. I mean we’re going to be back here after lunch anyway, and I
don’t think we’re going to take a long time after. Then we could re-do some of
these things, because we have it in our computer, incorporate what
Ms. Leithead-Todd said. I mean basically you’re saying, Bobby, then in that fifth
recital it would say something to the fact the types of organic material will
include—we’ll also put not be limited to greenwaste, and untreated wood pallets.
Would that be okay?
MS. LEITHEAD-TODD: No, what I am suggesting is that it remain as it is, it
just says organic waste rather than being specific about what the types of organic
waste are.
MR. CHUNG: No, but the part about greenwaste and untreated wood pallets is in
the resolution. Oh, unless you’re working off of your draft.
MS. LEITHEAD-TODD: It’s not in Draft 2.
MR. CHUNG: Oh, okay, okay. We’ll just go with what is in your Draft 2 then.
MS. LEITHEAD-TODD: On the fifth whereas.
MR. CHUNG: Yeah.
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Hawai‘i County Council-10 April 15, 2015
CHR. KANUHA: Hold on, hold on. I think Mr. Chung is just working this out
real quickly.
MS. LEITHEAD-TODD: I do want to mention that you do have a person from
HR here too, who is waiting for whatever it was you wanted to discuss with them.
CHR. KANUHA: We’ll discuss it after. That’s not pertinent.
MR. CHUNG: I can call up Bobby Jean, and work something out.
CHR. KANUHA: Thank you, Mr. Chung. Ms. Wille had the floor.
MS. WILLE: I would just like to just cross out the word “compostable plastics”.
I would like to keep in there the greenwaste. I actually like food scraps, it has
food, or soiled paper, but if we just cross out compostable plastics I think we’re
okay. Anyway, you can talk to Bobby Jean if there’s a problem with that and we
can address it afterwards.
CHR. KANUHA: Thank you, Ms. Wille. Mr. Paleka.
MR. PALEKA: I’m so glad we’re moving forward with this. Thank you for all
of the considerations, the incorporations, all the versions that came forward.
Specifically relating to this 206.4 that I believe I am going to support. If we could
just perhaps, it’s just a suggestion, deduct the compostable plastics and that might
suffice. We can check later. I am sure Aaron is going to check with Bobby Jean,
but I am very happy with the way we’re moving forward. Thank you.
CHR. KANUHA: Thank you. Mr. Ilagan. Oh, there’s several people.
MR. ILAGAN: Thank you Mr. Chair. I’ll take the opportunity if no one wants to
jump on it. First of all I just want to say, I agree with Council Member Wille’s
suggestion on redrafting the compostable plastic. Director what’s your thoughts
about that?
MS. LEITHEAD-TODD: We really prefer just the word organic waste because
that encompasses all of that as opposed to specifically mentioning different
components of organic waste. Because if we do get a proposal that has the ability
to do more that will be great. But if there is one where it’s just greenwaste, food
scraps and paper then it’s really going to be an evaluation of what people propose
and what type of system that they’re proposing for us.
MR. ILAGAN: But I see what you’re saying, but at the same time it’s not limited
to just those things according to this resolution. I guess you don’t want to—you
want to keep it general on the organic waste, and let them give us some options?
Could you clarify a little bit more just for my purpose?
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Hawai‘i County Council-10 April 15, 2015
MS. LEITHEAD-TODD: Well it is going to be an RFP, which means that a
vendor will propose a particular type of operation, and then we get to evaluate
each one as best proposal for the county. It is our goal that we want a proposal
that is going to be able to take contaminated paper which currently we can’t
recycle, and food waste which currently, unless it’s going to a pig farm, it’s
directly from a restaurant, ends up in the landfill, and that is a significant
component of our waste stream, and that’s what we really want to capture.
Untreated wood pallets get already ground up in the mulch and it’s just part of our
greenwaste program. We’re trying to hopefully capture what we're not capturing
right now, which is the contaminated paper and food waste. But we think just
using the words “organic waste” encompasses all of that and gives that flexibility.
MR. ILAGAN: Okay, well thank you, Director. I guess to finalize my thoughts.
I feel like it is okay for our body to suggest what we would like to see in there. I
don’t see any harm that we are focused on these things, and of course the Director
would look through the RFP to see the best method. But I feel like if we really
want to concentrate on these diversion areas. I feel like that’s okay for me
personally. So I would support Council Member Wille’s suggestion on just
removing the compostable plastics, because we would like to see those things in
there, and then of course if there is more—
MS. LEITHEAD-TODD: Council Member Ilagan?
MR. ILAGAN: Yes.
MS. LEITHEAD-TODD: Could I propose that if you change it from “will” to
“may” in the last sentence of the fifth Whereas, the department can live with that,
including having the compostable plastic in that language.
MR. ILAGAN: Okay, I’m good with that. Did you hear that Council Member
Chung? Could you repeat that again Director?
MS. LEITHEAD-TODD: I’m saying that in Council Member Chung’s fifth
Whereas, if he changes that in the last sentence instead of saying the types of
organic material “will” include that if says the types of organic material “may
include but not be limited to” and then that recitation.
MR. ILAGAN: Okay, thank you so much Director. So moving on to the others, I
just want to quickly point out that I’m glad that the closed-vessel system that
Council Member Chung adamantly wanted to reconsider, so we had that
discussion topic, is in here. Also Council Member Wille on the contract of one or
more organic waste diversion sites. I am glad you round up the number on the
10 instead of 11. Good job on the “shall remain in effect for 15 months.” I’m
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Hawai‘i County Council-10 April 15, 2015
going to keep that in mind for further legislation. But that is awesome. I swear I
learn new things from you all the time. Good job.
CHR. KANUHA: Thank you, Mr. Ilagan. Ms. Poindexter. Wait what, sorry
Mr. Clerk.
MR. HENRICKS: Doesn’t seem like we’re reaching a conclusion. We need a
recess. We have to change tapes. So do we want to think about breaking for
lunch, coming back to this? I don’t know.
MS. POINDEXTER: Can I just finish my statement? Because I waited all this
time.
MR. HENRICKS: We have one minute.
MS. POINDEXTER: Just one minute.
CHR. KANUHA: We’ll take a recess, so you can change tapes and then we’ll
come back. Brief recess.
Recess: At 12:20 p.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 12:22 p.m.
CHR. KANUHA: Okay. We’re coming out of recess. Mahalo for being patient,
Ms. Poindexter. You have the floor now.
MS. POINDEXTER: I want my full five minutes, Greggor. Just joking. Just real
quick. I just wanted to along say that I wanted to support what Director
Leithead-Todd was saying. Because she’s very familiar with RFPs and what the
grant writers are looking for. So not only is it important, our language, but from
her looking at it from RFP side and what grant writers are looking for, and what
they’ll be writing for, and their attention to that detail. So it’s important, like your
language is just basically striking “will” and putting “may” in there and leaving
everything else. So I just wanted to give you kudos on getting us to also look at
the side grantees. When they’re applying for this through the RFP process. So
thank you.
CHR. KANUHA: Thank you, Ms. Poindexter. I see where the conversation is
going, and I can see all of the Council Members most likely being in agreement
that this current communication that we’re on now needs to be either withdrawn
so that we can work on the communication that was submitted by Mr. Chung,
206.4, and I think he’s going to be working with the Administration to get
everybody’s points on to that communication or a separate communication. So I
think at this point I will ask Ms. Eoff to withdraw Communication 206.2.
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Hawai‘i County Council-10 April 15, 2015
Withdraw Motion Ms. Eoff withdrew the motion to amend Res. 126-15 with
to Amend: the contents of comm. 206.2.
CHR. KANUHA: Thank you. Now we’re on the main motion. But I think it
might take some time to that amendment. So at this point I’d like to recess for
lunch and come back at 1:30 so that we can have some time to work on that
amendment. So we will come back at 1:30. Council Members, is that enough
time? No, 1:30 should be enough time. We are going to be in recess, thank you.
Recess: At 12:24 p.m. the Chair called for a recess.
Reconvene: The meeting reconvened at 1:50 p.m.
CHR. KANUHA: We’re coming out of recess, and we are still on
Resolution 126-15. The motion is to approve Resolution 126-15. We were
working on some amendments to 126-15. So I’m going to give the floor to
Mr. Chung.
Motion to Amend: Mr. Chung moved to amend Res. 126-15 with the contents
of Comm. 206.5. Seconded by Ms. Wille.
CHR. KANUHA: Mr. Chung, you have the floor.
MR. CHUNG: Yes, thank you, Mr. Chairman. We just integrated those concerns
that were voiced by our Director of Environmental Management Bobby Jean
Leithead-Todd. They’re all in the first, well actually the fifth Whereas clause in
the resolution. Everything else remains the same from what was proposed. Well,
there was nothing really on the floor, so as explained earlier.
Mr. Chairman, if I could also say something. I’ve had brief discussions with
Ms. Willie on this matter, and as I stated earlier, we did put in a provision in this
thing which allows the Administration to enter into one or more 10-year contracts.
But it’s also with the understanding based on what was told to us by Mr. Goodale
last time, they’re going to move, their plan is to move ahead with something in
East Hawaiʻi first. We don’t know what the scope of that’s going to be. We also
know based on what we told us that there are some problems with putting
something like that in West Hawaiʻi. Particularly because of the brackish water.
But we’re allowing that Administration to have latitude in this regard. They can
really look at the feasibility of everything and then make the best decision that
they believe—well, the best decision they can make under the circumstances. I
just wanted to say that. Thank you.
CHR. KANUHA: Thank you, Mr. Chung. Ms. Willie.
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Hawai‘i County Council-10 April 15, 2015
MS. WILLE: Just sort of following up on that point, because it has been one of
my concerns. I think, I would like, I would hope that we’re open, and they’re able
to do this request for proposals in a way that they could actually accept more than
one. For example, it doesn’t have to be at the West Hawaiʻi Sanitary Landfill. It
could also be like in Hāmākua, at say Ohana Sphere and then maybe on the east
side it would be, you know there’s three others. What is that Earth Products place
that they have the current contract with, or Echo Compost? So that my
persuasion, or my advice is to write the contract in a way that it would be open to
more than one applicant. I don’t know, I see Bobby Jean over there, and I just
thought I’d ask her a question on this. If she wouldn’t mind coming forward.
Basically my concern is that I’d like to see sort of, at least two things functioning,
and not why we’re sort of creating another monopoly entity, where one entity has
the entire island. It is something where you want local people working.
I know there’s Ohana Sphere working on it, (inaudible) working on it. Different
places and open that up. So Bobby Jean, I just want—looking for some
reassurance that it is possible to do this in a way that you could contract say there
were two with very good proposals, we could do one for half the island, or doing
one project on the east side and one maybe in Hāmākua. That we wouldn’t
foreclose that option.
MS. LEITHEAD-TODD: Council Member Wille, depending what comes in,
we’re not going to foreclose anything. But a lot of this is going to be, the fact is
that we need to get something in place before the end of the year because that’s
when our existing contract terminates. So we’re going to be drafting this, and
we’re going to see what the proposals are when they come in. As Council
Member Chung mentioned, the biggest impediment to anything on the west side,
and particularly at Puʻuanahulu is the brackish water, because you need to have
fresh water in order to do the composting, and end up with a product that can be
used by gardeners and farmers.
MS. WILLE: Right and I agree with that. I think there are at least according to
Jon Richards, a ways to address that. But I was really thinking about the
operation in Hāmākua, and if we did go ahead with the one on the east side, start
that up in Hilo, that we would still be able to perhaps open one up in Hāmākua, or
Waimea, wherever. That we’re just not here preventing you from doing
something that is a multiple contract.
Anyway I’ll leave it, it’s—I trust you’ll get the information. What, can you just
tell me, what do we find out? Do we hear anything before, it comes up with
“Here’s who has been selected?” Or just in terms of dealing with procurement,
where do we sort of—here’s where we are at so far and what’s happening?
MS. LEITHEAD-TODD: We’re always governed by a State Procurement Code.
Until you go through the process, and committee reviews the proposals, and
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Hawai‘i County Council-10 April 15, 2015
makes a determination on who they wish to award the contract to, you really can’t
disclose any information from those proposals until that point. That’s just state
law. So it’s not possible to come and say, “Oh, we got this and offering this much
money and going to do this.” You have to go through the process and comply
with the state law.
MS. WILLE: Okay. When you say, the contract, can we write this request for
proposals in a way that would allow that committee to select more than one?
MS. LEITHEAD-TODD: That can be done, but the focus right now is to try and
deal with the current greenwaste, expand food waste and paper and get an
in-vessel system going. Primarily we’re looking at East Hawaiʻi for that, because
that’s where we have water and where we’ve got the space.
MS. WILLE: Okay, thank you.
MS. LEITHEAD-TODD: It doesn’t foreclose more than one, but I don’t want to
try to promise that there’s going to be more than one.
CHR. KANUHA: Thank you, Ms. Wille. Before I get to Mr. Chung, I want to
make sure that Council Members have a go on the first round. Okay, Mr. Chung.
MR. CHUNG: Really, in response to Ms. Wille’s comments. Even if I included
those words “one or more,” it doesn’t necessarily mean that I’m endorsing that
notion. It is just a matter of trying to work things out with Ms. Wille. I really
believe that giving the Administration more flexibility is always a good thing.
But quite frankly, it might be more feasible to just have one. Don’t get the
impression that I’m trying to get something in Hilo, this kind of operation. I think
it might be better suited in West Hawaiʻi or something—I’m not trying to slough
it off on West Hawaiʻi or anything—but I just want to make sure that my position
is clear. I don’t have any problem with one super composting facility. But if
giving flexibility to the Administration is a good thing, then I think we should
pursue it. I trust that they will make the best decision under the circumstances.
CHR. KANUHA: Thank you. Ms. Poindexter.
MS. POINDEXTER: I have a question for Director Leithead. Oh, coming up. I
just wanted to know, where does Hāmākua lie in your opinion? Is it East Hawaiʻi
or West Hawaiʻi? Or we are in la-la land?
MS. LEITHEAD-TODD: When I grew up it was always considered East
Hawaiʻi.
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Hawai‘i County Council-10 April 15, 2015
MS. POINDEXTER: Okay. So you’re saying that even a closed-vessel, or
something could happen when you say East Hawaiʻi it doesn’t just mean in Hilo
itself, because we have a lot vacant land area.
MS. LEITHEAD-TODD: No. If we had a hypothetical vendor who was
proposing something on private property, and could provide all those services, we
would be open to that proposal.
MS. POINDEXTER: Okay, I’m just looking at ways to be able to save the
county money as well. So thank you, for that, though. Gives me hope.
CHR. KANUHA: Thank you, Ms. Poindexter. Ms. Eoff
MS. EOFF: Thank you. I just want to say, I think we as a Council did a good job
with this, this whole issue of the contract. Because from where it started just two
weeks ago we’ve moved, as Mr. Goodell explained to me, from being at step one,
wanting to be at step three; we we’re going to go just to step two, but because of
the input from the Council and the discussion that we had, and the willingness of
the Administration to take this step, I think we’ve really expanded the scope, and
getting our island closer to being able to produce a viable compost product that
would benefit all of the ag uses that we do here. And who knows what—I’m sure
it just opens the door to a future of taking us in a good direction with regards to
the path to zero waste as well as creating a rich compost for our soil.
So, that was just my comment. I was happy to be part of it. Thank you to the
Administration for working with me and allowing me to introduce the resolution
and the amendment which led to subsequent amendments, which is now what
we’re going to adopt. So good job.
CHR. KANUHA: Thank you, Ms. Eoff. Any other Council Members?
Mr. Paleka.
MR. PALEKA: I really support this measure. I want to thank everyone for
working really hard together on hammering out this legislation that I think is
going to move us forward in the right direction. I really happy with item three
that any improvements shall remain and belong to the county upon expiration of
the contract, which I think was really important for myself, to have stuff on the
ground and we own it. But other than that, let’s move forward.
CHR. KANUHA: Thank you. Any other discussion? Hearing or seeing none, all
in favor of the amendment say “aye.”
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Hawai‘i County Council-10 April 15, 2015
Vote on Amendment: The motion to amend Res. 126-15 with the contents of
(Approved) Comm. 206.5 was carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: So, now on to the resolution as amended. Oh, Mr. Clerk, this
is a substantial amendment, I think it would be pertinent to hold it over to the next
Council meeting, so that if there is—the public can have time to actually look at
this further and have discussion or testimony on it. So I think that would be the
right course of action to take on this one. I don’t think we’re in a real fast move
to get this passed, even though we are. But I think that would be the best course
of action.
Res. 126-15, Dr. 2 So Mr. Clerk do we just do a postponement or—okay, automatically held over to
Held Over per the next—so, Resolution 126-15 as amended will be held over to the next Council
Council Rule 24-2(d): meeting date is, May 6, 2015.
MR. ONISHI: Oh, Mr. Onishi did you have a resolution? Yes, if we could do
Resolutions 151, and 152.
CHR. KANUHA: Okay, Mr. Clerk can we take out of order Resolution 151.
Res. 151-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HILO
HIGH SCHOOL FOUNDATION FOR THE 2015 HILO HIGH SCHOOL
PROJECT GRAD NIGHT
Transfers/appropriates $1,000 out and from the Clerk-Council Services –
Contingency Relief account (Council District 3); and credits the same to the
Department of Liquor Control, Public Programs, Miscellaneous Contract Services
account (2015 Hilo High School Project Grad Night).
Reference: Comm. 245
Intr. by: Mr. Onishi
Motion to Approve: Mr. Onishi moved to adopt Res. 151-15. Seconded by
Ms. Wille.
CHR. KANUHA: Mr. Onishi, you have the floor.
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Hawai‘i County Council-10 April 15, 2015
MR. ONISHI: Just asking for support for the Hilo High School Grad Night.
Thank you.
CHR. KANUHA: Thank you. Any other discussion? Hearing or seeing none all
in favor say “aye.”
Vote on Res. 151-15: The motion to adopt Res. 151-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Mr. Clerk, Resolution 152.
Res. 152-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE
WAIĀKEA HIGH SCHOOL PARENT TEACHER STUDENT ASSOCIATION
FOR THE 2015 WAIĀKEA HIGH SCHOOL PROJECT GRAD NIGHT
Transfers/appropriates $1,000 out and from the Clerk-Council Services –
Contingency Relief account (Council District 3); and credits the same to the
Department of Liquor Control, Public Programs, Miscellaneous Contract Services
account (2015 Waiākea High School Project Grad Night).
Reference: Comm. 246
Intr. by: Mr. Onishi
Motion to Approve: Mr. Onishi moved to adopt Res. 152-15. Seconded by
Ms. David.
CHR. KANUHA: Mr. Onishi.
MR. ONISHI: This is for Waiākea High School Grad Night. Thank you and
asking for your support.
CHR. KANUHA: Thank you, Mr. Onishi. Any other discussion? Hearing or
seeing none all in favor say “aye.”
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Hawai‘i County Council-10 April 15, 2015
Vote on Res. 152-15: The motion to adopt Res. 152-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Thank you guys. Mr. Clerk, let’s just go to the
top of the agenda.
MR. HENRICKS: I believe that’s Resolution 129.
CHR. KANUHA: Have we gone through Resolution 113?
MR. HENRICKS: No, thank you.
Return to Order The Chair directed the Council to return to the order of business.
of Business:
Res. 113-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE
KAILAPA COMMUNITY ASSOCIATION FOR BUILDING SUPPLIES AND
MATERIALS TO CONSTRUCT A COMMUNITY PAVILION
Transfers/appropriates $20,000 out and from the Clerk-Council Services –
Contingency Relief account (Council District 9); and credits the same to the
Department of Research and Development, Hawai‘i County Resource Center,
Miscellaneous Contract Services account (Kailapa Community Association).
Reference: Comm. 179
Intr. by: Ms. Wille
Postponed: April 1, 2015
(Note: There is a pending motion by Ms. Poindexter and duly seconded by
Ms. David to approve Res. 113-15.)
CHR. KANUHA: Thank you, Mr. Clerk. There is a pending motion on the floor.
Ms. Wille, you have the floor.
MS. WILLE: Yes, I just want to make a couple comments on this. As Diane
Kanealii stated this morning, this is for building a community building. She’s the
chair or head of the Hawaiian Homes in Kawaihae. This pavilion, or community
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Hawai‘i County Council-10 April 15, 2015
gathering place building, will be available to the greater community. Kawaihae is
really the only place that’s so well populated where there’s absolutely no place for
a community meeting. The Mac Nut factory used to allow some space, but right
now there’s zero. So they would either have to drive to Waikoloa—my view, it’s
one of the fastest developing areas because it is a port, we’ve got like nine
agencies working on that harbor down there. So I really appreciate all the work
she’s doing in getting other funds in order to do this. It’s really just the beginning
of their project. But it’s very much the greater Kawaihae project as well. Thank
you.
CHR. KANUHA: Thank you, Ms. Wille. Any other discussion? Hearing or
seeing none all in favor say “aye.”
Vote on Res. 113-15: The motion to adopt Res. 113-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Mr. Clerk, Resolution 129.
Res. 129-15: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE
FOR ONE COPIER FOR THE DEPARTMENT OF RESEARCH AND
DEVELOPMENT
Authorizes the Mayor to enter into a five-year lease agreement for a copier at an
approximate cost of $2,500 per year.
Reference: Comm. 209
Intr. by: Ms. Eoff
Approve: FC-17
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Hawai‘i County Council-10 April 15, 2015
Vote on Res. 129-15: Ms. Eoff moved to adopt Res. 129-15 and Finance
(Adopted) Committee Report No. 17. Seconded by Ms. David and
carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Mr. Clerk, Resolution 133.
Res. 133-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO WEST
HAWAI‘I COMMUNITY HEALTH CENTER, INC., TO PURCHASE
MEDICAL EQUIPMENT, SUPPLIES, AND FURNISHINGS FOR THE NEW
KEALAKEHE CENTER
Transfers/appropriates $10,000 out and from the Clerk-Council Services –
Contingency Relief account (Council District 6); and credits the same to the
Department of Research and Development, Hawai‘i County Resource Center,
Miscellaneous Contract Services account (West Hawai‘i Community Health
Center, Inc.).
Reference: Comm. 217
Intr. by: Ms. David
Motion to Approve: Ms. David moved to adopt Res. 133-15. Seconded by
Mr. Onishi.
CHR. KANUHA: Ms. David, you have the floor.
MS. DAVID: Thank you. I believe Lauren Avery as the Director for the Health
Center was here this morning. I just would like to ask for your support for this
resolution. Mahalo.
CHR. KANUHA: Thank you, Ms. David. Any other discussion? Hearing or
seeing none all in favor say “aye.”
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Hawai‘i County Council-10 April 15, 2015
Vote on Res. 133-15: The motion to adopt Res. 133-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Mr. Clerk, Resolution 135.
Res. 135-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF
THE FUTURE FOR HŌKŪPAʻA YOUTH SUPPORT FORUMS IN 2015
Transfers/appropriates $2,000 out and from the Clerk-Council Services –
Contingency Relief account (Council District 8); and credits the same to the Office
of the Prosecuting Attorney, Kona Prosecuting Attorney Other Current Expenses,
Miscellaneous Contract Services account (Friends of the Future).
Reference: Comm. 219
Intr. by: Ms. Eoff
Motion to Approve: Ms. Eoff moved to adopt Res. 135-15. Seconded by
Ms. David.
CHR. KANUHA: Ms. Eoff.
MS. EOFF: Thank you. Kei-Lin was here earlier and described the project and
the program. I think the county is a partner. So I was happy to be able to support
this.
CHR. KANUHA: Thank you, Ms. Eoff. Any other discussion? Hearing or
seeing none, all in favor say “aye.”
Vote on Res. 135-15: The motion to adopt Res. 135-15 was carried by the
(Adopted) 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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Hawai‘i County Council-10 April 15, 2015
CHR. KANUHA: Motion passes. Mr. Clerk, Resolution 137.
Res. 137-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE
BOYS AND GIRLS CLUB OF THE BIG ISLAND, FOR THE PAʻAUILO
ELEMENTARY AND INTERMEDIATE SCHOOL GARDEN PROJECT
Transfers/appropriates $5,000 out and from the Clerk-Council Services –
Contingency Relief account (Council District 1); and credits the same to the
Department of Research and Development, Agriculture Research and
Development Other Current Expenses, Miscellaneous Contract Services account
(Boys and Girls Club of the Big Island).
Reference: Comm. 223
Intr. by: Ms. Poindexter
Motion to Approve: Ms. Poindexter moved to adopt Res. 137-15. Seconded by
Mr. Paleka.
CHR. KANUHA: Ms. Poindexter, you have the floor.
MS. POINDEXTER: Yes, I think it’s self-explanatory. So if you have any
questions, I’d be happy to answer.
CHR. KANUHA: Thank you. Is there any other discussion? Hearing or seeing
none, all in favor say “aye.”
Vote on Res. 137-15: The motion to adopt Res. 137-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Mr. Clerk, Resolution 139.
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Hawai‘i County Council-10 April 15, 2015
Res. 139-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO ST. JOSEPH
SCHOOL FOR THE 2015 ST. JOSEPH HIGH SCHOOL PROJECT GRAD
NIGHT
Transfers/appropriates $500 out and from the Clerk-Council Services –
Contingency Relief account (Council District 2); and credits the same to the
Department of Liquor Control, Public Programs, Miscellaneous Contract Services
account (2015 St. Joseph High School Project Grad Night).
Reference: Comm. 226
Intr. by: Mr. Chung
Motion to Approve: Mr. Chung moved to adopt Res. 139-15. Seconded by
Ms. David.
CHR. KANUHA: Mr. Chung, you have the floor.
MR. CHUNG: Yes, thank you, Mr. Chairman. I just want to mention that this
appropriation, and the two that follows $2,000 for the Hilo High School Project
Grad Night and $2,000 for the Waiākea High School Project Grad Night, were
actually brought forward by Mr. Yoshimoto. So I wanted to give him the credit,
and he just asked if I could honor his commitment to those respective schools. So
it’s really all the kudos to Mr. Yoshimoto. I might try to fund it next time with
my own money, but I really wanted to give him the credit for that. Thank you.
CHR. KANUHA: Thank you, Mr. Chung. Any other? Mr. Ilagan.
MR. ILAGAN: Thank you, Mr. Chair. Mr. Chung, also Mr. Yoshimoto said to
fund some schools in Puna. Just letting you know.
CHR. KANUHA: Thank you, Mr. Ilagan. Any other discussion? Hearing or
seeing none, all in favor say “aye.”
Vote on Res. 139-15: The motion to adopt Res. 139-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Mr. Clerk Resolution 140.
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Hawai‘i County Council-10 April 15, 2015
Res. 140-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HILO
HIGH SCHOOL FOUNDATION FOR THE 2015 HILO HIGH SCHOOL
PROJECT GRAD NIGHT
Transfers/appropriates $2,000 out and from the Clerk-Council Services –
Contingency Relief account (Council District 2); and credits the same to the
Department of Liquor Control, Public Programs, Miscellaneous Contract Services
account (2015 Hilo High School Project Grad Night).
Reference: Comm. 227
Intr. by: Mr. Chung
Vote on Res. 140-15: Mr. Chung moved to adopt Res. 140-15. Seconded by
(Adopted) Mr. Onishi and carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Mr. Clerk, Resolution 141.
Res. 141-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE
WAIĀKEA HIGH SCHOOL PARENT TEACHER STUDENT ASSOCIATION
FOR THE 2015 WAIĀKEA HIGH SCHOOL PROJECT GRAD NIGHT
Transfers/appropriates $2,000 out and from the Clerk-Council Services –
Contingency Relief account (Council District 2); and credits the same to the
Department of Liquor Control, Public Programs, Miscellaneous Contract Services
account (2015 Waiākea High School Project Grad Night).
Reference: Comm. 228
Intr. by: Mr. Chung
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Hawai‘i County Council-10 April 15, 2015
Vote on Res. 141-15: Mr. Chung moved to adopt Res. 141-15. Seconded by
(Adopted) Mr. Onishi and carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Mr. Clerk, Resolution 142.
Res. 142-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF
THE FUTURE FOR THE 2015 HŌKŪPAʻA YOUTH SUPPORT FORUM
Transfers/appropriates $2,500 out and from the Clerk-Council Services –
Contingency Relief account (Council District 6); and credits the same to the Office
of the Prosecuting Attorney, Kona Prosecuting Attorney Other Current Expenses,
Miscellaneous Contract Services account (Friends of the Future).
Reference: Comm. 229
Intr. by: Ms. David
Motion to Approve: Ms. David moved to adopt Res. 142-15. Seconded by
Mr. Paleka.
CHR. KANUHA: Ms. David.
MS. DAVID: Yes, hi. I just would like to encourage support for this great
program. Mahalo.
CHR. KANUHA: Thank you. Any other discussion? Hearing or seeing none, all
in favor say “aye.”
Vote on Res. 142-15: The motion to adopt Res. 142-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9
Noes: None
Absent: None
Excuse: None
Page 70
Hawai‘i County Council-10 April 15, 2015
CHR. KANUHA: Motion passes. Resolution 143.
Res. 143-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE WEST
HAWAI‘I COMMUNITY HEALTH CENTER, INC. (WHCHC), TO
PURCHASE INFORMATION TECHNOLOGY EQUIPMENT FOR THE
KEALAKEHE CENTER
Transfers/appropriates $10,000 out and from the Clerk-Council Services –
Contingency Relief account (Council District 7); and credits the same to the
Department of Research and Development, Hawai‘i County Resource Center,
Miscellaneous Contract Services account (WHCHC).
Reference: Comm. 230
Intr. by: Mr. Kanuha
Motion to Approve: Ms. Eoff moved to adopt Res. 143-15. Seconded by
Mr. Paleka.
CHR. KANUHA: Is there any discussion? I just want to briefly say I’m glad to
support the West Hawaiʻi Community Health Center for this equipment. I urge
everybody else’s support. So mahalo. Any other discussion? Ms. Eoff.
MS. EOFF: Just wanted to add that I also supported this and Ms. David. So
between us we were able to make a significant contribution to the West Hawaiʻi
Community Health.
CHR. KANUHA: Thank you. Any other discussion? Hearing or seeing none, all
in favor say “aye.”
Vote on Res. 143-15: The motion to adopt Res. 143-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Mr. Clerk, Resolution 146.
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Hawai‘i County Council-10 April 15, 2015
Res. 146-15: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE
COUNCIL OF THE COUNTY OF HAWAIʻI BY AMENDING RULE NO. 10,
VOTING
Amends Council Rule 10 to remove the requirement that roll call voting be used at
meetings of the full Council and at any meeting of the Council where members of
the Council are participating by videoconference.
Reference: Comm. 240
Intr. by: Mr. Kanuha
Motion to Approve: Ms. David moved to adopt Res. 146-15. Seconded by
Ms. Eoff.
CHR. KANUHA: Is there any discussion? Mr. Chung.
MR. CHUNG: Yes, Mr. Chairman. I just want to make sure I understand this.
So it’s going to be at the call of the Chair as to how voting is done? It doesn’t
preclude a roll call vote, right? Because quite frankly at the Council level I’ve
always felt that there’s more decorum, formality. It’s always nice to have, once in
awhile to have that roll call vote. So I’m just wondering though, it might be too
late. If you guys want to keep in some of these provisions relating to how you say
aye, or nay, or aʻole, things like that. Or is it in there somewhere?
CHR. KANUHA: It’s in there.
MR. CHUNG: Somewhere else?
CHR. KANUHA: It’s on the next page.
MR. CHUNG: Okay, perfect. Thank you.
CHR. KANUHA: If it’s okay with the Council, I’d like to just real briefly explain
before I get into more discussion. If that’s okay, give me some latitude? Thank
you.
I’m submitting this rule change for the exact reason, you know, every Council
meeting we’ve been suspending the rules. I’m not a big fan of suspending our
rules on every single time. We have the rules in place for a reason. But lately
we’ve been just suspending them for certain reasons. To use the voice vote, make
it faster, whatever the reason. But this just gives the option that if the Chairperson
felt the need that we didn’t need to do a roll call, we can do a voice vote. Or if
there is a need to do a roll call, it gives the Chairperson that option to do a roll
call.
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Hawai‘i County Council-10 April 15, 2015
So it basically just gives these options whether we’re in Council, Committee, or
videoconferencing. There’s three provisions within there that allows for the
Chair’s discretion in choosing the method of voting. So it won’t take away the
roll call vote. I do agree that there are—it is circumstances that will require the
roll call. This will allow latitude for the Chairperson. That’s my explanation. So
any discussion? Mr. Ilagan.
MR. ILAGAN: Thank you, Mr. Chair. I do like that, I like the fact that you are
giving us the option, and it’s up to you as the Chairperson to decide at the
appropriate time we need to do a roll call, or right now we can handle this issue
with a voice vote. So I just want to say thank you for being proactive. Because I
got tired, my vocal cords they can’t handle it anymore every time we go to
Council. But again, thank you.
CHR. KANUHA: Thank you, Mr. Ilagan. Mr. Paleka, is your light on. No?
MR. PALEKA: I’ll lend some comments. We all big boys and girls here. I’m
very glad we all conduct ourselves pretty professionally and get along pretty well.
I think this is a good option to have available to the Chairs to move it along,
expedite proceedings. But to also when necessary have that option let’s go to a
roll call vote. I think it’s a great decision, thanks Dru.
CHR. KANUHA: Thank you, Mr. Paleka. Mr. Chung.
MR. CHUNG: Oh, I’m sorry.
CHR. KANUHA: It doesn’t only give the Chair of the Council the authority. It
also gives the other Council Members who do have Chairmanships in the
committee when there’s somebody on the video stream to also do a roll call.
Mr. Clerk.
MR. HENRICKS: I’m sorry, staff has just asked that when doing so, Chairs
announce votes afterwards, because on way the roll call helps is that there’s no—
it’s very easy to then record the votes, which is very important. So this is more
than fine, as long as the Chair then announces the decision, and what the votes are
in a way that can be easily recorded. Perfect.
CHR. KANUHA: Thank you, Mr. Clerk. Is there any other discussion? Hearing
or seeing none, all in favor say “aye.”
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Hawai‘i County Council-10 April 15, 2015
Vote on Res. 146-15: The motion to adopt Res. 146-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Thank you, Council. Motion passes. Okay, Resolution 148.
Res. 148-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO
COMMUNITY ENTERPRISES TO PAY FOR VARIOUS OPERATIONAL
EQUIPMENT, EXPENSES, AND SUPPLIES FOR COMMUNITY FORUMS IN
WEST HAWAI‘I
Transfers/appropriates $2,500 out and from the Clerk-Council Services –
Contingency Relief account (Council District 6); and credits the same to the
Department of Research and Development, Hawai‘i County Resource Center,
Miscellaneous Contract Services account (Community Enterprises).
Reference: Comm. 242
Intr. by: Ms. David
Motion to Approve: Ms. David moved to adopt Res. 148-15. Seconded by
Mr. Paleka.
CHR. KANUHA: Ms. David.
MS. DAVID: Yes, this is something that Mr. Bugbee testified earlier this
morning for community services and community enterprises. I just would like to
ask for your support. Mahalo.
CHR. KANUHA: Thank you. Any other discussion? Hearing or seeing none, all
in favor say “aye.”
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Hawai‘i County Council-10 April 15, 2015
Vote on Res. 148-15: The motion to adopt Res. 148-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Mr. Clerk, Resolution 149.
Res. 149-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO
COMMUNITY ENTERPRISES TO PAY FOR EQUIPMENT AND EXPENSES
FOR WEST HAWAI‘I FORUMS
Transfers/appropriates $1,250 out and from the Clerk-Council Services –
Contingency Relief account (Council District 8); and credits the same to the
Department of Research and Development, Hawai‘i County Resource Center,
Miscellaneous Contract Service account (Community Enterprises).
Reference: Comm. 243
Intr. by: Ms. Eoff
Motion to Approve: Ms. Eoff moved to adopt Res. 149-15. Seconded by
Ms. David.
CHR. KANUHA: Ms. Eoff.
MS. EOFF: Thank you. As Mr. Bugbee testified earlier, I think it’s been about
10 years that this organization has been providing forums to the West Hawai’i
Community. They touch on current events as well as political events, and they
bring people from the state and county on a regular basis. I’m happy to be able to
support help them. This is the very tail of my contingency, so that was all that I
had left. But glad I’m giving it to them.
CHR. KANUHA: Thank you, Ms. Eoff. Any other discussion? Hearing or
seeing none, all in favor say “aye.”
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Hawai‘i County Council-10 April 15, 2015
Vote on Res. 149-15: The motion to adopt Res. 149-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Mr. Clerk, Resolution 153.
Res. 153-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT FOR THE PURCHASE OF ROADWAY
SAFETY MIRRORS TO BE USED IN COUNCIL DISTRICT 2
Transfers/appropriates $4,000 out and from the Clerk-Council Services –
Contingency Relief account (Council District 2); and credits the same to the
Department of Public Works, Transfer to Highway Fund, Miscellaneous Charges
account (Traffic Signs and Markings, Highway Materials – Roadway Safety
Mirrors for Council District 2).
Reference: Comm. 247
Intr. by: Mr. Chung
Motion to Approve: Mr. Chung moved to adopt Res. 153-15. Seconded by
Ms. David.
CHR. KANUHA: Mr. Chung, you have the floor.
MR. CHUNG: Yeah, this is just for purchase of some hardware that we might be
able to use pretty soon. So I hope I can get all your support.
CHR. KANUHA: Thank you. Any other discussion? Mr. Onishi.
MR. ONISHI: Yeah, I just wanted to thank Mr. Chung about providing this
funding, because there is certain areas that they need these mirrors. It would help
out with the safety of the traffic.
MR. CHUNG: I was going to give them some.
MR. ONISHI: Yeah, thank you.
CHR. KANUHA: Thank you. Any other discussion? Hearing or seeing none, all
in favor say “aye.”
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Hawai‘i County Council-10 April 15, 2015
Vote on Res. 153-15: The motion to adopt Res. 153-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Mr. Clerk, Resolution 155.
Res. 155-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO RECYCLE
HAWAI‘I FOR A ZERO-WASTE SCHOOL PROGRAM
Transfers/appropriates $10,000 out and from the Clerk-Council Services –
Contingency Relief account (Council District 9); and credits the same to the
Department of Environmental Management, Transfer to Solid Waste Fund,
Miscellaneous Charges account (Recycle Hawai‘i – Zero-Waste School Program).
Funds would be used to facilitate existing zero-waste programs at each of the
public and charter schools in District 9.
Reference: Comm. 249
Intr. by: Ms. Wille
Motion to Approve: Ms. Wille moved to adopt Res. 155-15. Seconded by
Ms. David.
CHR. KANUHA: Ms. Wille.
MS. WILLE: Yeah, okay. This is really follow up from, I think you heard—I see
Paul in the audience over there. I’m not good with his last name. He’s head of
Recycle Hawaiʻi. But Noah Dodd who came and spoke here, and Sam Robinson,
and their work in the schools in District 9. So basically my intent is that this is to
continue their work at all of the 10 public and charter schools in my district, to
help analyze each school to set up what they can do in terms of zero waste. Some
of them have different contracts, which makes very different circumstances, such
as Waimea School where they have a contract to sort of take all the waste. Then
there are issues, how do we get some to the compost, to the school garden, how
do we get this to recycle?
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Hawai‘i County Council-10 April 15, 2015
So this will enable them to go in and really look uniquely at the different schools,
and sort of prepare a report for the school that would help them. At the same
time, the whole big picture is educating the kids what this is all about.
I also am asking for them to do a school report that will help to sort of the general
findings that they come up with that could then be made available to schools any
other place on the island, and what questions to ask, and what issues arise. Just
sort of moving this whole program forward. I’m glad to do this because I know
they’ve lost a lot of their contracts, the education contract for $100,000, and I
think one other contract have both been cancelled. Again I’m focusing on the
schools and the kids, and they get going as, “We want to do this.” It’s like instead
of doing the video game, it’s sort the stuff and who can sort the best. So thank
you and ask for your support.
CHR. KANUHA: Thank you, Ms. Wille. Ms. Poindexter.
MS. POINDEXTER: Yeah, that’s real exciting and I’d like to say that some of
the schools in my district have started that. So would they still be able to work
with some of the schools? I’d love to sit and meet with him, and see if there’s any
way that I could help with some type of funding too, to make sure to cover the
schools that I have been working with and see how we can expand on what you
can add to it, Recycle Hawaiʻi, could add to it. So thank you. Thank you for that.
CHR. KANUHA: Thank you, Ms. Poindexter. Any other discussion? Hearing
or seeing none, all in favor say “aye.”
Vote on Res. 155-15: The motion to adopt Res. 155-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Mr. Clerk, Resolution 156.
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Hawai‘i County Council-10 April 15, 2015
Res. 156-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE
WAIKOLOA DRY FOREST INITIATIVE FOR A DRY FOREST EDUCATION
AND OUTREACH PROGRAM
Transfers/appropriates $2,500 out and from the Clerk-Council Services –
Contingency Relief account (Council District 9); and credits the same to the
Department of Research and Development, Agriculture Research and
Development Other Current Expenses, Miscellaneous Contract Services account
(Waikoloa Dry Forest Initiative).
Reference: Comm. 250
Intr. by: Ms. Wille
Motion to Approve: Ms. Wille moved to adopt Res. 156-15. Seconded by
Ms. Eoff.
CHR. KANUHA: Ms. Wille.
MS. WILLE: Okay, this is the Waikoloa Dry Forest Initiative. They’re a
nonprofit. They’re doing great deal of outreach and education. Much of it
involves planting, and working on the dry forest, and making it so that we can—
among other things it helps to prevent all the erosion, it helps to create more of all
of the benefits of the forest, and prevent sediment going down to the ocean as
well. But it’s also a big part of connecting kids to nature, and having that
opportunity right in their own neighborhood, and getting to know what are—
about the land there, and the trees there, and take an interest in that, rather than
other pursuits they might be engaged in if they weren’t getting excited about
nature. So thanks.
CHR. KANUHA: Thank you, Ms. Wille. Any other discussion? Hearing or
seeing none, all in favor say “aye.”
Vote on Res. 156-15: The motion to adopt Res. 156-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Resolution 157.
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Hawai‘i County Council-10 April 15, 2015
Res. 157-15: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE STATE OF HAWAIʻI DEPARTMENT OF
TRANSPORTATION (DOT), PURSUANT TO HAWAI‘I REVISED
STATUTES SECTION 46-7, FOR THE COUNTY OF HAWAI‘I’S SAFE
ROUTES TO SCHOOL (SRTS) PROGRAM GRANT
Provides $48,000 from the State’s DOT to the County’s SRTS program to improve
the ability of children to walk or bicycle safely to school.
Reference: Comm. 251
Intr. by: Ms. Eoff
Waived: FC
Motion to Approve: Ms. Eoff moved to adopt Res. 157-15. Seconded by
Ms. David.
CHR. KANUHA: Ms. Eoff.
MS. EOFF: Thank you, Mr. Chair. Just real quick, I was wondering if Mr. Thiel
would like to come forward. Because this was waived from Finance Committee.
I really think this is an important program that we are getting this grant money
for.
MR. THIEL: Can you hear me?
MS. EOFF: Yes.
MR. THIEL: I’m Ron Thiel, Chief of the Traffic Division. This is an on-going
program. We had for $94,000 transferred to us last year from the state, and they
have a little bit less this year at $48,000. We’re receiving it and passing it on to
PATH (Peoples Advocacy for Trails Hawaiʻi), to administer this program under
the direction of the state. It will be different meetings with different schools to
address the circulation, the children circulation, in those schools.
MS. EOFF: Thank you, Mr. Thiel. If there’s any way we can contribute later on
to create the safer routes to school. I remember several years back Council
Members were able to work directly with schools in their neighborhoods.
MR. THIEL: I’m having a little bit trouble. I can’t quite understand your voices.
It’s kind of garbled from this side. I think you were saying something about
continuing the program. Is that it?
MS. EOFF: Yes, I was just saying that in the future if you would reach out to us.
Because I remember in previous years the Council Members were able to focus
on schools in their districts, and help create the Safe Routes to School programs
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Hawai‘i County Council-10 April 15, 2015
there. I’m interested in working for Kealakehe area, to keep improving on that.
But I know we did one project there already.
MR. THIEL: Yeah, we’ll be working directly with the state to determine which
schools to work with.
MS. EOFF: Okay, thank you.
CHR. KANUHA: Thank you, Ms. Eoff. Any other discussion? Hearing or
seeing none, all in favor say “aye.”
Vote on Res. 157-15: The motion to adopt Res. 157-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Mr. Clerk, Resolution 158.
Res. 158-15: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF
$1,000 TO THE HAWAI‘I COUNTY POLICE DEPARTMENT
Donated by the Hawai‘i Police Athletic Foundation for use by the Police
Department’s Hawai‘i Island Police Athletic League program.
Reference: Comm. 254
Intr. by: Ms. Eoff
Waived: FC
Vote on Res. 158-15: Ms. Eoff moved to adopt Res. 158-15. Seconded by
(Adopted) Ms. Poindexter and carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Mr. Clerk, Resolution 159.
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Hawai‘i County Council-10 April 15, 2015
Res. 159-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE
LAUPĀHOEHOE TRAIN MUSEUM TO ESTABLISH THE HAWAIIAN
CULTURAL CENTER OF HĀMĀKUA
Transfers/appropriates $6,500 out and from the Clerk-Council Services –
Contingency Relief account (Council District 1); and credits the same to the
Department of Research and Development, Tourism Promotion, Miscellaneous
Contract Services account (Laupāhoehoe Train Museum – Hawaiian Cultural
Center of Hāmākua). Funds would be used to pay for rent, supplies, and services.
Reference: Comm. 256
Intr. by: Ms. Poindexter
Motion to Approve: Ms. Poindexter moved to adopt Res. 159-15. Seconded by
Ms. Eoff.
CHR. KANUHA: Ms. Poindexter.
MS. POINDEXTER: I think it’s pretty self-explanatory in the resolution. But I
entertain any questions that anyone may have.
CHR. KANUHA: Thank you, Ms. Poindexter. Any discussion? Hearing or
seeing none, all in favor say “aye.”
Vote on Res. 159-15: The motion to adopt Res. 159-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Mr. Clerk, Resolution 160.
Res. 160-15: APPROVES THE HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC)
FISCAL YEAR 2016 PROPOSED OPERATING BUDGET
Requests the Council’s approval of HSAC’s proposed operating budget for Fiscal
Year 2016.
Reference: Comm. 257
Intr. by: Mr. Onishi
Waived: GREDC
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Hawai‘i County Council-10 April 15, 2015
Motion to Approve: Mr. Onishi moved to adopt Res. 160-15. Seconded by
Ms. Eoff.
CHR. KANUHA: Mr. Onishi.
MR. ONISHI: This is just the proposed 2015-2016 budget for HSAC. Asking for
support.
CHR. KANUHA: Thank you, Mr. Onishi. Any other discussion? Mr. Ilagan.
MR. ILAGAN: Thank you, Mr. Chair. Mr. Onishi, I wanted to ask you how
much exactly do we pay into HSAC, our county?
MR. ONISHI: The membership fees are $43,680. So you divide that among four.
So it’s $11,420.
MR. ILAGAN: Okay, got you. I was just wondering, because as I’ve seen
HSAC is pretty much our lobbying force to the state side. I was just comparing—
actually a lobbyist position compared to paying into HSAC. But yeah, HSAC is
something that I want to support. Of course I want to support this project. Thank
you.
CHR. KANUHA: Thank you, Mr. Ilagan. Any other discussion? Hearing or
seeing none, all in favor say “aye.”
Vote on Res. 160-15: The motion to adopt Res. 160-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. We’ll go on to Bills for Ordinances, Bill 35.
BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills
ORDINANCES for Ordinances (First Reading).
(FIRST READING):
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Hawai‘i County Council-10 April 15, 2015
Bill 35: ADOPTS A PAY PLAN FOR PERSONS EMPLOYED BY THE COUNTY
OTHER THAN THOSE WHOSE PAY IS OTHERWISE PROVIDED FOR,
DESIGNATES PAYROLL PERIODS, PAY DAYS, PRESCRIBES
REQUIREMENTS WITH RESPECT TO OFFICIAL FIDELITY BONDS, AND
REPEALS ORDINANCE NO. 14-84 AND ALL AMENDMENTS THERETO,
SAID ORDINANCE TO BE KNOWN AS THE SALARY ORDINANCE OF
2015
Incorporates the scheduled increase to minimum wage effective January 1, 2016,
into the proposed Salary Ordinance of 2015.
Reference: Comm. 205
Intr. by: Ms. Eoff
Approve: FC-18
Motion to Approve: Ms. Eoff moved to pass Bill 35 on first reading and adopt
Finance Committee Report No. 18. Seconded by
Ms. David.
CHR. KANUHA: Is there any discussion? Okay, before we go any further with
this, I do have something that I wanted to point out and I might ask for
everybody’s indulgence in going along with me. It all depends, but I wanted to
see if I could possibly amend this salary ordinance. I’ll give you some reasons
why. Not amend, but I just wanted to talk about it and throw this out for the
Council. In the section underneath the pay grades for—it’s on the third page—
the first paragraph states, “the Council Chairperson may appoint employees to any
of the steps within the appropriate pay grade and may authorize and approve any
step movements along the appropriate pay grade.” Later on it goes into say,
“Prior to any appointment or step movement in the CA-1 and CLA-1 positions
authorized by the council member, the Council Chairperson shall review and may
approve the appointment or step movement.
I have a problem with this. The reason why I have a problem with this, is that the
council member will come to the Chairperson and ask for certain steps according
to their staff. Okay, it’s understandable, they know their staff, it’s their staff, and
they’re the council member. Underneath them is the Legislative Assistant, and
the Council Aide of their council member. The problem that I have, is that when
they come to myself as the Chairperson and ask for a step movement, let’s say a
step increase, I “shall review, and may approve the step movement.” At this
point, I don’t have anything that I can actually go off to review. It’s all based off
of butterflies in the sky basically. There’s no process in place that I can say that
this person deserves it or that person doesn’t deserve it.
So, that’s why I want to tell the council members, I have a big issue when dealing
with this if somebody does come up and says they need a step movement based
off of they believe their staff, or the Council staff, deserves certain increases or
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Hawai‘i County Council-10 April 15, 2015
step movements. So I just wanted to throw out there and see if it’s even possible
to say, “Without the approval of the Chairperson.” That council member should
have authorization or within their self. Their council member is the person for
their staff. I’m just throwing it out there. I’m not saying it’s a yes or no issue.
I’m just saying I have a problem with this. It puts me in an awkward positon to
say no to certain council members, or yes to certain council members.
So, I would like to hear more from you. But I’m going to ask and talk to maybe
the HR (Human Resources) person, and see if I could postpone this, and actually
come out with an amendment to this. If that’s possible. I just wanted to throw it
out there for the whole Council to discuss. Because this is something that the
whole Council needs to approve before the fiscal year. I just wanted to throw that
out there, and see what everybody says. Because I do think that this is the
Council to decide what should be the appropriate action to take. I know we dealt
with this in the past. Every year we have to go through this. So that’s why I’m
throwing that out there for everybody to discuss. I don’t know who’s first. But
Mr. Onishi.
MR. ONISHI: I would just think for you to have, or information to evaluate if the
step movement is justified or not, is maybe we have it in here like a probation
period where they have to go through, and then there’s like an evaluation form
that the council member has to evaluate their staff. That would be their
justification to you, why they want the step movement. But to me is that, if the
staff that they hire sometimes, some of the staff might not understand the whole
process of the county, the duties what you have to do. Especially filling out
forms. It takes a while for them to learn how you’ve got to fill out forms, what
forms to fill out, and so forth. So they need someone to be there to help guide
them. So to me is that, I guess with that probation period, or with that evaluation,
that could help you in making your decision.
But I’ve seen it for the terms that I was here that new staff coming in, coming to
my staff asking my staff for help. That’s why I always was an advocate where I
wanted the step movements, because I couldn’t see my staff Darlene, helping out
other staff, and learning the process, and then they’re getting the same pay. To
me that’s not fair. That’s why I pushed this all the time. Thank you.
CHR. KANUHA: Thank you, Mr. Onishi. Ms. Poindexter.
MS. POINDEXTER: Yeah, and I totally agree with you about that. I don’t think
it should be a free for all, because that to me is not responsible government, or our
fiduciary responsibility. I think everybody wants to give their staff the highest
pay. We’re just one Council, you don’t know what will happen at the next
Council next year, who’s running or whatever and what will happen. And you put
something like this in place and everybody will go up to the highest grade again
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Hawai‘i County Council-10 April 15, 2015
like it was. We defeated the whole purpose of what we went through on the last
Council and what we decided on how to create a structure.
I agree with you, Council Chair Kanuha, that you should speak with Human
Resources, because I really feel there needs to be some type structure here. It
cannot be a free for all. It’s not okay. That should never be that way. I think
there definitely should be written structure instead of just trying to remember
what we talked about, and why we have it this way. But there’s a reason why we
have it this way.
Again, go back and listen to the tapes on what we talked about, or even go back
and look. Go even call the person who originated this to begin with, the steps and
when we separated from everybody having to share some of the Council—I don’t
know how they did it before, but we didn’t have the opportunity, or what we have
now of having two staff people under us. Look at why we came to this point
where we are now. But we cannot just say free for all, do what you like.
Everybody will be back to where we started up the last time at the last Council,
trying to figure out some type of structure. So I believe Human Resources, and if
HR, are you willing to work with Council Member Dru to look at something to be
able to add into this section that would give some type of structure to it, or is it
that we should do this amendment after the budget is passed because of the time
constraints? Because we still can do this after it’s passed. Because we can amend
it at any time, am I correct? Yes. Her head is nodding yes.
So I’m not saying we need to rush that section. Because that needs to be talked
about and we need to—but time is of the essence here, when we‘re talking about
the salary scales. I think that part we can address at any time, soon thereafter
even. Very soon, or immediately after the budget passes. Time is not of the
essence in this section, but it’s for the purpose of trying to pass the increase in the
minimum wage. Am I correct? Yes, head is nodding yes. Okay, so I yield at this
time.
CHR. KANUHA: Thank you, Ms. Poindexter. Mr. Ilagan, and then Ms. Eoff.
MR. ILAGAN: Thank you Mr. Chair. Okay, first of all let’s calm down. It
seems like we—this is, of course, a hot issue. Mr. Chair, thank you for
entertaining even the discussion of a different path.
So I heard a lot of things. One of the things that I’ve heard, is that there’s a lack
of structure and it would be chaos. First of all, I think the Chair is setting up a
structure. I was in the military, and I know chain of command. If you’re a
supervisor—let’s say you are a manager, you go to your supervisors. For
example, the Chair is currently the manager. The top of the Council, and each of
us are supervisors of our staff. The Chair, he can’t oversee each of our staff.
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Hawai‘i County Council-10 April 15, 2015
I guess what I heard you say, Mr. Chair, is that each council member would have
the discretion of setting the step level that would be appropriate for each of their
staff. That would—because, the thing is I strongly believe in equal work, equal
pay. How does a person like yourself, who oversees pretty much the entire
county regarding the Legislative Branch, oversee the staff in Puna, or the staff in
Hāmākua, or the staff in Waimea? You come to us, the council member, and you
ask, “Okay, this person, your staff that you oversee, why does this person justify
an increase, or decrease in level on pay?” Then we as council members would tell
you that this staff deserves this because this is what he or she does, and we feel
they should get paid. Now, it’s hard for you to review and say, “Okay, let me
compare it with a staff in Hilo.” Each Council Aide has the same responsibility,
but different areas, they seem to do other things. You look and you actually try to
understand from the supervisor, which is the council member, on the justification
of the increase. So you’re already doing that in the sense of allowing just the
supervisor to determine that increase of step level, because we’re already going
up to you and requesting would it be appropriate to increase it.
Now, the only thing I would really be concerned of if I was in your position is
balancing out the budget. Now, if we have enough money in the budget for
everybody to be on that top level, then, that’s not the problem. The problem is
really having that structure, what I heard from Council Member Poindexter, and I
feel like the structure is there. The structure is that the Council Member
determines what step level, and what is wrong with that? I’m not saying, I, the
Puna council member, determines what step level in Hāmākua is, or Waimea, or
Kona. I’m saying I the Puna Council Member determines what the step level is
for my staff. That’s really all I’m asking, is for the council member to be able to
determine his or her staff. Again, what is wrong with equal work with equal pay?
CHR. KANUHA: Thank you, Mr. Ilagan. Ms. Eoff.
MS. EOFF: I just wanted to say, I hope you will work with HR. Because I don’t
think that the problem is so much in the way this is stated. Because is to do some
type of checks and balances, and a review process. But if you feel you don’t have
anything concrete to go on, and it’s just vague as to when it’s appropriate and
when it’s not and what are the criteria, then I think that’s, what needs to be made
more clear. In some kind of either administrative manual or something like that.
I feel like you do need guidelines. You’re explaining to us, that you find yourself
in a difficult situation. But I would encourage you to work with HR, and see if
there is some way we could adopt some type of guidelines, because as
Ms. Poindexter pointed out, we’ve been through this before, and it’s very difficult
to come to a completely fair situation, but we have to do the best we can. Given
people coming in at different times and at different levels. But we don’t want to
create more problems than we’re solving by not addressing this in the right way.
CHR. KANUHA: Thank you, Ms. Eoff. Mr. Paleka.
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Hawai‘i County Council-10 April 15, 2015
MR. PALEKA: Okay, I’m ready. Here we go. Coming from the union guy.
Okay, when you look at this pay scale, yeah, this would be normally negotiated if
it was a civil service type of position. It’s not a civil service type of position. We
as the Council persons, we all earn the same pay except for the Chair, right?
Now, I also agree with Councilman Greggor. I believe strongly in the principal
equal work for equal pay. But I am also open to a suggestion of steps for
introductory, probationary period, or type of people with, God forbid, we lose a
staff person, and we want to have initial period to assign a person, see how it
works out and then put them up to a full performance type position, pay scale, is
good. But these specific numbers here, usually when you negotiate one contract,
you keep up to date.
A lot of these numbers, if I’m not mistaken, are obsolete. Everybody’s above the
third level anyway. So these numbers need to be changed, and reflective of the
pay that we’re paying them now, correct? So in the bargaining unit Section 89
area, those contracts are living documents, they get negotiated on a timely basis,
and if you have to do it every year, then so be it. Things change, circumstances
change. But if you want to make the document, or the pay scale, and the pay
reflective of real time, then you have to do that. I’m open to any suggestions.
That’s all we’re saying, but we have to make it reflective of now. Thank you.
CHR. KANUHA: Thank you, Mr. Paleka. I’m still going to go on the first
round. For those who never spoke yet. Ms. Wille.
MS. WILLE: I think one thing that would be helpful would be to say this is done
at one point in the year. So you’re really thinking if there’s one different council
member. So in December say, if someone is looking at changing a certain level
that they come to you, and then through the year you’re not getting hit with
different council members with trying to remember what you said about keeping a
certain balance. But like Council Member Paleka said, some of these rates are
really obsolete. I tried to cross out the ABC on CA-1, but Ms. Poindexter and
another pointed out, there’s a certain system here in terms of the way it’s
programmed. You can’t really do that where you are taking away those steps,
where they are already programmed that way.
But I think probably what’s important would be to argue the procedure. In other
words as Ms. Eoff said, and getting some guidelines, so you’re not arguing on a
case by case basis. It’s not what Darlene here, it’s here’s the form and fill it out.
Maybe certain basics and then beyond. I think the outer offices like Puna and
Waimea, in certain ways there is the different burden there. Where you’re just
there, people are coming right in. They’re handling a whole different level than
when you are in a large office, whereas there is other things. How do you get
different points? But, so I think let’s go ahead with this is my thought. But I
think before you start entertaining, that you look at what amendment—but that we
look at some process, and maybe discuss it here. And then it’s a point system and
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Hawai‘i County Council-10 April 15, 2015
you can, you know, here it is, and this is why, and you can look at them all at
once, and see where we go from there. So those are my thoughts.
CHR. KANUHA: Thank you, Ms. Wille. Ms. David.
MS. DAVID: Just a brief comment. I tend to agree with what Council Member
Onishi is saying as well as Margaret. I think the discussion is good at this point,
but I really believe that fairness in how we do this, whether it’s establishing a rule
that these things can happen, a movement can happen, but initially maybe for the
first year, you can move people up after a certain timeframe. That’s just a
suggestion. I really can relate to and understand that you really want to give your
people the best pay that you can because they are worth a lot to you. Staff people
are very valuable. But I really believe we have to be fair, and we have to be fair
to the people that have put in their time, and gone through the step level.
So however we figure this out, I think the discussion is good. But I think that the
step levels can be revised, or brought up to a certain workable situation so that we
can find a common ground. But I don’t think we can do it—we need to do it as I
understand the lady in Hilo, our HR person, we don’t have to do that today. But I
think the discussion is great to talk about today. And we need to do something,
because we’re going to have this question not only—it’s going to, were going to
have to revisit this question. This is like the second or third time we’re going
through this whole thing. So thank you for the discussion, Chair, and I yield.
CHR. KANUHA: Thank you. Mr. Onishi.
MR. ONISHI: Thank you, Mr. Chair. It was mentioned earlier, I think what we
should do is we should just pass this and then, Mr. Chair, you come back with an
amendment for what you were talking about in the paragraph of your
responsibility, right? Also about the pay grades for CA-1 and the CLA-1, because
basically that’s what we’re talking about. Because we have staff over there, and I
think we’re just kind of, not wasting their time, but then they’re listening to our
discussion which really isn’t concerning what they need to, right? So we should
vote this first, and then you can come back with an amendment to this. That’s
what I was suggesting and then that way we can move on.
I think answering to Mr. Paleka’s comments. I think when we did this scale, we
did it to whatever it was at that time. So it wasn’t kind of like years back. We did
it last term. I think it was like last year we did it. So whatever the amounts that
the union pay raises were, we were at that level for the staff. Then Ms. Wille’s
comment about she being in Waimea, like in the country, or in the rural areas, but
the staff all get the same amount of work. As a county employee and whatever
employee, if your job is in this certain area, it’s up to you to choose, and pick
whether you want it or not. It’s not because I’ve got to go to Kohala, I’m going to
get paid double than what I was going to get paid in Hilo. To me, it doesn’t work
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Hawai‘i County Council-10 April 15, 2015
like that. Just a comment on that part. So that’s what I’m recommending is that if
we can just vote this, our HR guys can go back to work, and then you can come
back with something to amend it.
CHR. KANUHA: Thank you, Mr. Onishi. Ms. Poindexter.
MS. POINDEXTER: I just wanted to comment on Council Member Ilagan’s
statement, on supervisors, yes, knowing your employees. I agree with you a
100 percent that the supervisors are the ones that should be approaching whoever
is responsible, like in departments. When I was at HR, the billing department
supervisor would come and say, I want so and so get a pay grade jump. Okay,
justify it to me. According to our conditions, guidelines, or procedures, where
does that justify it? We had some type of guideline that supervisors could come
to award their staff for a pay grade increase. Whether it was an additional year of
service of a 1.5% increase when you talking about union contracts, or if the
person got certified in a billing code class or whatever. This certifies her so now
she should move up one pay level. There was some criteria and procedure in
place to follow. It wasn’t where you come in, and every supervisor would come
in and go I want to put this person here, here, and here and I want to give them
this, and this. It didn’t work that way. You had to follow some type of guideline.
That’s just part of business.
When it comes to negotiating union contracts, that’s right you have pay scales.
But however, there too are ways that you can pay grade jump according to the
union contract. It gives you clear guidelines on how a union person can pay grade
jump too. Same thing like a regular business. It doesn’t necessarily have to be a
union worker. It could be a non-union or union worker. There are always
guidelines to follow, and some type of criteria. That’s what we are missing, and I
would again like to support what Council Member Onishi said. Go to HR, work
out something. Let’s move this along because time is of the essence, and let’s
come back with some type of amendment and then discuss it further.
CHR. KANUHA: Thank you. Mr. Ilagan, and then Mr. Paleka.
MR. ILAGAN: Thank you, Mr. Chair. Could I have the HR person in Hilo? Hi,
could you please state your name and title?
(Note: At this time, Pay and Classification Specialist Jenny Sakamoto
came forward to address the members of the Council.)
MS. SAKAMOTO: Good afternoon, this is Jenny Sakamoto from the Human
Resources Department.
MR. ILAGAN: Is it Sakamoto?
MS. SAKAMOTO: Yes.
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Hawai‘i County Council-10 April 15, 2015
MR. ILAGAN: Hi, Ms. Sakamoto. I wanted to ask you, first of all I need to calm
down. I wanted to ask you, is there a step movement in the mayor’s office with
their staff?
MS. SAKAMOTO: I guess. Which staff are you talking about?
MR. ILAGAN: Let’s go with Executive Assistants.
MS. SAKAMOTO: Executive Assistants, they’re—whachucallit—they’re
exempt. So I’m not sure, I’ll have to go look at that. Because they’re not under
collective bargaining.
MR. ILAGAN: Are they at-will? I don’t know. I mean I should have researched
before. But I’m asking Ms. Sakamoto.
MS. SAKAMOTO: I can get back to you.
MR. ILAGAN: Okay, well that’s kind of hard, because I was hoping that we can
discuss it now. Okay, what I was getting at is, I heard some of the things that
were important to some council members. For example, you felt that being in or
Council Member Onishi said, that being in Waimea or Puna doesn’t give us an
obligation to have more pay. And I totally agree it doesn’t. We all each have a
Council Aide and a Legislative Assistant. But now, what does bring weight? Is it
time of service? Now, I’ve met a lot of up staff now, and I felt like some staff
who has a lot of time of service, I feel they do great. They’re awesome, because
they have all this experience and expertise. Then there’s some who does not meet
that expectation.
So what’s more important? Now, that’s really fairness that becomes really
subjective from there on. It’s not civil servant position too. It’s at-will, so why
are we having that double standard? At the same time, I wanted to ask
Ms. Sakamoto, if we were to remove everything except the top three, are we able
to do that? Because to my understanding we are. You would need to be able to
just change it on your end. Am I wrong, or am I correct?
MS. SAKAMOTO: When you say top three, what are you referring to, the steps?
MR. ILAGAN: It’s the Council Aide, the CA-1, I believe. If I were to remove all
the steps, but the top three for the Council Aide, to reflect pretty much the current
wages, would that be allowable?
MS. SAKAMOTO: The Council can pass whatever pay plan that they want to
pass. So you folks can modify the pay, the individual pay in each step, or you can
shift it. You can change it how you want to change it.
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Hawai‘i County Council-10 April 15, 2015
MR. ILAGAN: Well thank you, Ms. Sakamoto. So there’s that answer regarding
your concern, Council Member Poindexter.
MS. POINDEXTER: Can I answer him? Are you asking me, because that’s not
what—okay. You are not understanding it, but that’s okay.
MR. ILAGAN: I yield. Go ahead.
CHR. KANUHA: Was that a question to Ms. Poindexter?
MR. ILAGAN: I’ve heard Ms. Poindexter say you can’t change it, and so I was
trying to clarify that. But you can explain. I’m here to discuss the matter. I’m
not trying to say this is the right way or not.
MS. POINDEXTER: So Council Chair, may I?
CHR. KANUHA: Ms. Poindexter.
MS. POINDEXTER: Okay, all I’m going to ask is, so that you can understand
what I was talking about, that we talked about on the last term when we went A,
B, C, D, E, F, G, H, I, or whatever we did, and we wanted to take it down to A, B,
C, D, or whatever. There were reasons why we couldn’t do it at that time. All
I’m going to ask you, and because it’s going to be a long conversation and we can
go on for hours. I’m going to ask you to go sit with Sharon Toriano to understand
the lettering and why we didn’t change it at that time, when I’m talking about
removing that, and changing the lettering back to A, B, C, D, or whatever it is.
There’s a reason and methodology to it. So all I ask is that you guys go talk to
HR. Because I did, and that’s why at our previous Council term, that’s what I did.
I sat with HR to understand it, because I wanted too to change it and get rid of
those letters. Then I understood why it would be difficult to do it and leave it
that, and just add those letters.
So I would ask that you guys do the same thing so that there is no argument
between us, because there doesn’t need to be. Just go speak with HR, or go grab
the tapes and go listen to CD’s rather. Listen to our past explanation. Sharon
Toriano explains it on those CD’s as well. But I would say go meet with Sharon
Toriano. So thank you very much.
CHR. KANUHA: Just to respond real quickly.
MR. ILAGAN: Thank you, Council Member Poindexter. I wasn’t referring to
the past. But I wanted to ask Ms. Sakamoto. You heard Ms. Poindexter. Now
who do you represent Ms. Sakamoto, and what’s your authority you’re speaking
on behalf of? Are you speaking on behalf of the Director, and your knowledge
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Hawai‘i County Council-10 April 15, 2015
within this pay scale? Because I would like to talk to the expert who’s actually—
because Council Member Poindexter is telling me I’m not talking to the right
person.
CHR. KANUHA: Mr. Ilagan, I understand what Ms. Poindexter said. But we
have HR here, and she’s here representing HR. So if you can direct your
questions to Ms. Sakamoto.
MR. ILAGAN: So Ms. Sakamoto, let me just ask you this question. What you’re
telling me is the position of HR, regardless if I talk to you or the Director of HR.
MS. SAKAMOTO: Ms. Toriano could not be here for today’s Council Meeting.
So she asked me to come in her place in order to answer any questions that you
folks have.
MR. ILAGAN: Okay, so does that mean if I’m asking you the question it would
be the same answer the Director would have? For example, what I just asked you
earlier, would she say the same thing?
MS. SAKAMOTO: You mean about the changes in the steps?
MR. ILAGAN: Correct.
MS. SAKAMOTO: I believe she would.
MR. ILAGAN: Okay, so there is my point. I don’t have to ask the Director, I can
ask you, and I trust what you have to say. You’re in that position for a reason. I
hope your step increases have been put to the right place. I just want to point out
that—and I will yield after this—is that what we did in the past, I was there and I
know the reasons. One of the reasons was, we had to change the paperwork on
their end to match everything, the changes that we would make. We didn’t want
to do that right off the bat. Because we were towards the end. Right now we
have flexibility and we are able to make those changes. If they’re the right
changes, why are we not making them? Now, I know each one of you guys
respect your staff, and I know you guys want set the right amount. I just want to
say, thank you for hearing me out, and I’m trying my best to remain calm.
CHR. KANUHA: Thank you, Mr. Ilagan. Mr. Paleka.
MR. PALEKA: Thank you, Mr. Chair, again for this opportunity. Okay, I don’t
want to go on. I think we can move on. Ms. Sakamoto, I won’t take any more of
your valuable time. But in this rate plan, it’s clear here that there shall be a pay
plan governing the appointment of executive and administrative positions. Right?
So this is part of creating the pay plan. I don’t think it’s that difficult that we
make amendments to the pay scale, which we can all agree upon. Which I think
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Hawai‘i County Council-10 April 15, 2015
will be good for all of our staff. Because I think we all want the best for our staff.
I have one question. Ms. Sakamoto, is there any basic, or minimum requirements
for our staff?
MS. SAKAMOTO: You mean like minimum qualifications?
MR. PALEKA: Yes.
MS. SAKAMOTO: No, it’s an appointed position. They’re appointed by you
folks.
MR. PALEKA: So there is no minimum education requirements? Am I correct?
MS. SAKAMOTO: Correct.
MR. PALEKA: Normally what would be comparable HGEA (Hawaiʻi
Government Employees Association) positions would that be the case?
MS. SAKAMOTO: I’m sorry, can you repeat that?
MR. PALEKA: Normally with comparable HGEA type positions, clerical, would
that be the case with no minimum educational requirement?
MS. SAKAMOTO: Well, all of our classes usually have some kind of minimum
qualifications.
MR. PALEKA: In terms of education?
MS. SAKAMOTO: Like general clerical?
MR. PALEKA: Yeah.
MS. SAKAMOTO: I believe it’s usually High School.
MR. PALEKA: Okay, thank you. I’m good.
CHR. KANUHA: Thank you, Mr. Paleka. Ms. David.
MS. DAVID: Yes, really quickly. Ms. Sakamoto, along the lines of Mr. Ilagan’s
question, if we were to remove three of those steps what would happen if we had
staff currently at those levels? Would that be a problem? If someone is already
assigned to those levels and those steps are removed. I’m just wondering.
MS. SAKAMOTO: I believe what would happen is you would have to move
them to the minimum step. Effective 7/1.
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Hawai‘i County Council-10 April 15, 2015
MS. DAVID: Okay, I want to move on. Thank you.
CHR. KANUHA: Thank you, Ms. David. Mr. Onishi.
MR. ONISHI: I was just thinking. What we should do is like what Maui does.
They have a lump sum. Each Council Member has $200,000, and from there they
use the $200,000 to pay for their staff, and they can hire like five people, and pay
them $10,000 each or whatever. Then they use that for their traveling and
everything else. So we could look at doing something like that. If each council
member feels they should be paying their person $50,000 then fine, they use it out
of the $200,000, they use the $50,000 to pay for their staff and so forth. I mean
that’s just an option, because I’m listening what council members are mentioning.
They feel that their staff deserve this X amount. So why don’t we just put one
lump sum for each council member. It’s up to that council member to monitor the
pay scale on their staff, and they have to budget themselves. Then Chair, you
don’t even have to worry. The Clerk’s Office don’t have to worry. Maybe just
have to monitor that these guys don’t go over budget. Right? So that’s an option.
But to me we should just move forward, but we have to vote on this because this
is, to me, a separate issue that we are talking about. Thank you.
CHR. KANUHA: Thank you, Mr. Onishi. Ms. Wille.
MS. WILLE: Thanks for thinking outside of the box, Fresh. I’m open again
moving forward. I also agree with what Council Member Paleka and Ilagan said.
I did try to remove these items. One of the issues is just why are we focused
there? Because it’s really, at least in my district, too low to live on. Okay, so I
think maybe we’re just trying to address that, and here we have someone that’s
working hard, and probably spending 40-60 hours a week doing work. It’s not
like you can carry on an extra job and do this. So again, move on, but clearly we
have more to say on this. I appreciate Greggor sort of racing, ramping this up and
getting the Chair going. But again I think we ought to do things at one point in
the year, and not where things come up all during, and different people bringing
them up at different times.
CHR. KANUHA: Thank you, Ms. Wille. Mr. Ilagan last of you.
MR. ILAGAN: I’ll be quick. Thank you, Mr. Chair. I agree with Council
Member Onishi. What I would recommend is just saying each council member
has the discretion to decide which step movement they’re at. That solves your
situation that you just mentioned. On top of that, I just wanted to also say that I
support this salary pay. Because this is for everyone, it’s not just one. So there is
no way I’m voting against this. I am going to support this, I’m just looking to do
some changes along the way. And I appreciate the discussion we are having, and
I hope that we can move forward.
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Hawai‘i County Council-10 April 15, 2015
CHR. KANUHA: Thank you, I’m going to cut off discussion. I think we can
move forward. But it still brings me back to my original statement of, if we pass
this, I’m still in the same position that I was before. That’s why I had a problem
with this. I have no way that I can say that one council member doesn’t deserve a
pay step increase for their Council Aide or Legislative Assistant. I have nothing
available. All I can say it’s very subjective. I get a request, I don’t know. Does
that person deserve it? I don’t know. So how do I make that decision? So it
becomes difficult for me as the Chair, it becomes difficult to be in this
particular—in this position to make these subjective decisions. So that’s why I
say, you know, I’m coming back again to this paragraph, “shall review and may
approve.” What happened in the past is Chairpersons just automatically approve,
most likely would automatically approve. Because it so easy. “Sure, go right
ahead.” It’s very easy.
In the beginning of this term, I wanted to try to set up something based off of our
discussions with the Salary Ordinance last year. When we passed it, we said can
we make certain step movements for the years. How many they have been inside.
This term we’re trying to do the Salary Ordinance for the next fiscal year. Is that
the same thinking that we are doing from last fiscal year? We have the ability to
change whatever we want for the Salary Ordinance.
I’m just saying now that I’m Chairperson, dealing with this has become an issue.
So I’m saying everybody is right. Everybody is completely right in what they’re
saying with the Salary Ordinance and how we should proceed. I’m just saying, I
have an issue with this paragraph. It makes it very difficult to be in this position.
So that’s why I wanted to change it, or offer amendments for possible change.
Mr. Onishi brought up the great point of having the council members decide, and
having a certain budget. That’s what I was trying to decide. Have the council
members from each of their districts, you know, these Council Aides and
Legislative Aides. They’re not guaranteed more than two years. Every two years,
if they’re the same Council Aide or Legislative Assistant, they have to sign again
for their position, because the council member if they got re-elected, are back into
that position. So this is not a guaranteed job, these are all at-will employees. I’m
not saying anybody is—everybody is great in what they do. I’m just, this was a
reason to just throw it out to the rest of the Council. I want the whole Council to
decide for this. I’m just saying it just makes it very difficult being in this position
with the wording of this paragraph. So thank you.
Mr. Chung did you have—? I’ll give you—
MR. CHUNG: Just briefly. I didn’t want to get into this fray. Because it’s really
a no-win situation. I certainly understand the plight that you’re put in. My
suggestion is just like what Fresh said, maybe just move this along, and maybe,
Mr. Chairman if you can establish a date perhaps after the budget, after the
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Hawai‘i County Council-10 April 15, 2015
beginning of the new fiscal year as being the date we’re going to look at. Tell
everyone bring in your ideas, that’s going to be the date we’re going to look at, or
at least entertain amendments to this Salary Ordinance, or the way that things are
set up. If you can set a date and Mr. Ilagan can propose something, Mr. Paleka,
Fresh has some Maui ideas. At least we know we’re not going to forget about it
until next year. I don’t know, that’s just my suggestion. As you said, there’s
really no wrong answers to all of this. It’s just a matter of fairness. Everybody
has different perspectives.
CHR. KANUHA: Thank you, Mr. Chung. I think we can move on. Yes, I would
rather change it now. But I agree with what you are saying. We could set up a
date where everybody can come back and do that again. So Mr. Clerk, on the
main motion.
MR. HENRICKS: Would you like a roll call vote on the motion?
CHR. KANUHA: No, I think we can do a voice vote. All in favor of approving
Bill 35 say “aye.”
Vote on Bill 35: The motion to pass Bill 35 on first reading and adopt
(Approved) Finance Committee Report No. 18 was carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Just wanted to let the Council and the public
know that Mr. Onishi did submit a memo saying that he had to leave by 3:00. It is
now almost 3:30, so I apologize, Mr. Onishi. Thank you for the discussion. He
has to go to Hilo for a presentation.
Mr. Clerk, we have Lieutenant Gasper in seats back there. So can we go to
Bill 36?
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 36: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2015
Appropriates revenues in the Federal Grants – SAFE Program account ($51,525);
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Hawai‘i County Council-10 April 15, 2015
and appropriates the same to the SAFE Program account. Funds would be used
to pay for costs associated with improving the Police Department’s response and
victim services in cases involving crimes against women.
Reference: Comm. 212
Intr. by: Ms. Eoff
First Reading: April 1, 2015
Motion to Approve: Ms. Eoff moved to pass Bill 36 on second and final reading.
Seconded by Ms. David.
CHR. KANUHA: Ms. Eoff.
MS. EOFF: Lieutenant, would you like to come forward. I see you’ve been
waiting here, and I’d like to give you a chance to comment since you did take
your time to come. Make sure a green light comes on the microphone. Is the
microphone on? You can state your name, and if you’d like to just comment.
MR. GASPAR: Good afternoon, I’m Lieutenant Gilbert Gaspar. I’m with the
Police Department assigned to the Juvenile Aide Section in Kona. I’m the Project
Director for the grants that we accept from the Attorney General’s Office. This
particular grant that we’re talking about is a VAWA grant. Which is Violence
Against Women Grant. That we applied through the Attorney General’s Office.
The monies from that grant will be use to supplement our Sexual Assault Nurses
Examiners program, which is also a SAFE program which is a Sex Assault
Forensic Exams. The money will be used to pay for the exams, to pay for nurses
to be on standby so we can have 24-hour coverage should we need a sex assault
nurse examiner, and also to provide updated training for the nurses.
MS. EOFF: Thank you.
MR. GASPAR: That’s it. Thank you.
CHR. KANUHA: Any other discussion? Hearing or seeing none, all in favor
say, “aye.”
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Hawai‘i County Council-10 April 15, 2015
Vote on Bill 36: The motion to pass Bill 36 on second and final reading was
(Adopted) carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Paleka, Poindexter, Wille, and Chair Kanuha – 8.
Noes: None.
Absent: None.
Excused: Council Member Onishi – 1.
CHR. KANUHA: Motion passes. Thank you.
MR. GASPAR: Thank you.
CHR. KANUHA: Mr. Clerk, up to the top of the agenda. Bills for Ordinances,
Bill 44.
Return to Order The Chair directed the Council to return to the order of business.
of Business:
BILL FOR The Chair directed the Council to return to the order of business, Bills
ORDINANCES For Ordinances (First Reading).
(FIRST READING):
Bill 44: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2015
Appropriates revenues in the State Grants – Safe Routes to School Program Grant
account ($48,000); and appropriates the same to the Safe Routes to School
Program Grant. Funds would be used to improve the ability of children to walk or
bicycle safely to school.
Reference: Comm. 251
Intr. by: Ms. Eoff
Waived: FC
Motion to Approve: Ms. Eoff moved to pass Bill 44 on first reading. Seconded
by Ms. David.
CHR. KANUHA: Ms. Eoff.
MS. EOFF: This is the companion funding mechanism for Resolution 157, that
Mr. Thiel had spoke on earlier.
CHR. KANUHA: Thank you. Any other discussion? Hearing or seeing none, all
in favor say “aye.”
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Hawai‘i County Council-10 April 15, 2015
Vote on Bill 44: The motion to pass Bill 44 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Paleka, Poindexter, Wille, and Chair Kanuha – 8.
Noes: None.
Absent: None.
Excused: Council Member Onishi – 1.
CHR. KANUHA: Motion passes. Bill 45.
Bill 45: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2015
Increases revenues in the Transfer from General Fund account ($4,000); and
appropriates the same to the Traffic Signs and Markings Other Current Expenses
account (Convex Mirrors – District 2).
Reference: Comm. 252
Intr. by: Ms. Eoff
Waived: FC
Vote on Bill 45: Ms. Eoff moved to pass Bill 45 on first reading.
(Approved) Seconded by Ms. David and carried by the following
voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Paleka, Poindexter, Wille, and Chair Kanuha – 8.
Noes: None.
Absent: None.
Excused: Council Member Onishi – 1.
CHR. KANUHA: Motion passes. Bill 46.
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Hawai‘i County Council-10 April 15, 2015
Bill 46: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2015, RELATING TO THE TRANSFER OF FUNDS TO
THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES
PRESERVATION FUND
Increases revenues in the Real Property Tax Interest account ($112,500); and
appropriates $100,000 to the Transfer to Public Access/Open Space Preservation
Fund and $12,500 to the Transfer to Public Access/Open Space Preservation
Maintenance Fund accounts.
Reference: Comm. 253
Intr. by: Ms. Eoff
Waived: FC
Motion to Approve: Ms. Eoff moved to pass Bill 46 on first reading. Seconded
by Mr. Paleka.
CHR. KANUHA: Ms. Eoff.
MS. EOFF: I think everybody knows what this is for. So I don’t have any
comment except for it’s a great opportunity we have to take care of the open
space purchases.
CHR. KANUHA: Thank you, Ms. Eoff. Any other discussion? Hearing or
seeing none, all in favor say “aye.”
Vote on Bill 46: The motion to pass Bill 46 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Paleka, Poindexter, Wille, and Chair Kanuha – 8.
Noes: None.
Absent: None.
Excused: Council Member Onishi – 1.
CHR. KANUHA: Motion passes. Now on to the Order of the Day,
Resolution 116.
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):
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Hawai‘i County Council-10 April 15, 2015
Res. 116-15: AUTHORIZES THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT
DOMAIN, TAX MAP KEY: 2-4-057:028 (PORTION), SITUATED AT
WAIĀKEA, DISTRICT OF SOUTH HILO, COUNTY AND STATE OF
HAWAI‘I, FOR THE KAPIʻOLANI STREET EXTENSION PROJECT
Authorizes the acquisition of a Temporary Construction Easement for construction
and grading purposes over a portion of the property as delineated in Exhibit 1 to
construct a roadway extension of Kapiʻolani Street to Mohouli Street.
Reference: Comm. 191
Intr. by: Ms. Eoff
First Reading: April 1, 2015
Note: Second of two required readings,
Section 101-13, Hawai‘i Revised Statutes
Vote on Res 116-15: Ms. Eoff moved to pass Resolution 116-15 on second and
(Adopted) final reading. Seconded by Mr. Paleka and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Paleka, Poindexter, Wille, and Chair Kanuha – 8.
Noes: None.
Absent: None.
Excused: Council Member Onishi – 1.
CHR. KANUHA: Motion passes. Resolution 117.
Res. 117-15: AUTHORIZES THE ACQUISITION OF PRIVATE PROPERTY BY
EMINENT DOMAIN, TAX MAP KEY: 2-4-057:024 (PORTION), SITUATED
AT WAIĀKEA, DISTRICT OF SOUTH HILO, COUNTY AND STATE OF
HAWAI‘I, FOR THE KAPIʻOLANI STREET EXTENSION PROJECT
Authorizes the acquisition of Lot A-2 (containing an area of 156 square feet) as
delineated in Exhibit 2 and the acquisition of a Temporary Construction Easement
for construction and grading purposes over a portion of the property as delineated
in Exhibit 3 to construct a roadway extension of Kapiʻolani Street to Mohouli
Street.
Reference: Comm. 192
Intr. by: Ms. Eoff
First Reading: April 1, 2015
Note: Second of two required readings,
Section 101-13, Hawai‘i Revised Statutes
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Hawai‘i County Council-10 April 15, 2015
Vote on Res 117-15: Ms. Eoff moved to pass Res 117-15 on second and final
(Adopted) reading. Seconded by Mr. Paleka and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Paleka, Poindexter, Wille, and Chair Kanuha – 8.
Noes: None.
Absent: None.
Excused: Council Member Onishi – 1.
CHR. KANUHA: Motion passes. Mr. Clerk Resolution 118.
Res. 118-15: AUTHORIZES THE ACQUISITION OF PRIVATE PROPERTY BY
EMINENT DOMAIN, TAX MAP KEY: 2-4-015:029 (PORTION), SITUATED
AT WAIĀKEA, DISTRICT OF SOUTH HILO, COUNTY AND STATE OF
HAWAI‘I, FOR THE KAWAILANI STREET IMPROVEMENT PROJECT
Authorizes the acquisition of Parcel 9 of Lot 96 (containing an area of 3,204
square feet) as delineated in Exhibit 1 and a temporary construction right-of-entry
as delineated in Exhibit 2 for construction and grading improvements to Kawailani
Street, from ʻIwalani to Pohakulani Streets.
Reference: Comm. 193
Intr. by: Ms. Eoff
First Reading: April 1, 2015
Note: Second of two required readings,
Section 101-13, Hawai‘i Revised Statutes
Vote on Res 118-15: Ms. Eoff moved to pass Resolution 118-15 on second and
(Adopted) final reading. Seconded by Ms. David and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Paleka, Poindexter, Wille, and Chair Kanuha – 8.
Noes: None.
Absent: None.
Excused: Council Member Onishi – 1.
CHR. KANUHA: Motion passes. Resolution 119.
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Hawai‘i County Council-10 April 15, 2015
Res. 119-15: AUTHORIZES THE ACQUISITION OF PRIVATE PROPERTY BY
EMINENT DOMAIN, TAX MAP KEY: 2-5-044:026 (PORTION) FORMERLY
KNOWN AS 2-5-044:001 (PORTION), SITUATED AT KAŪMANA, DISTRICT
OF SOUTH HILO, COUNTY AND STATE OF HAWAI‘I, FOR THE
PUAINAKO STREET EXTENSION PROJECT
Authorizes the acquisition of Parcel 31-C as delineated in Exhibit 2 relating to
construction improvements to the Puainako Street extension.
Reference: Comm. 194
Intr. by: Ms. Eoff
First Reading: April 1, 2015
Note: Second of two required readings,
Section 101-13, Hawai‘i Revised Statutes
Vote on Res 119-15: Ms. Eoff moved to pass Resolution 119-15 on second and
(Adopted) final reading. Seconded by Ms. David and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Paleka, Poindexter, Wille, and Chair Kanuha – 8.
Noes: None.
Absent: None.
Excused: Council Member Onishi – 1.
CHR. KANUHA: Motion passes. Resolution 120.
Res 120-15: AUTHORIZES THE ACQUISITION OF PRIVATE PROPERTY BY
EMINENT DOMAIN, TAX MAP KEY: 2-5-045:019 (PORTION), SITUATED
AT KAŪMANA, DISTRICT OF SOUTH HILO, COUNTY AND STATE OF
HAWAI‘I, FOR THE PUAINAKO STREET EXTENSION PROJECT
Authorizes the acquisition of Parcel 30-A as delineated in Exhibit 2 relating to
construction improvements to the Puainako Street extension.
Reference: Comm. 195
Intr. by: Ms. Eoff
First Reading: April 1, 2015
Note: Second of two required readings,
Section 101-13, Hawai‘i Revised Statutes
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Hawai‘i County Council-10 April 15, 2015
Vote on Res 120-15: Ms. Eoff moved to pass Resolution 120-15 on second and
(Adopted) final reading. Seconded by Mr. Paleka and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Paleka, Poindexter, Wille, and Chair Kanuha – 8.
Noes: None.
Absent: None.
Excused: Council Member Onishi – 1.
CHR. KANUHA: Motion passes. Bill 282.
Bill 282: AMENDS CHAPTER 25, ARTICLE 3, SECTION 25-3-2, ARTICLE 4,
(2012-2014) SECTION 25-4-59.2, AND ARTICLE 7 OF THE HAWAI‘I COUNTY
CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE
ESTABLISHMENT OF A SPECIAL DISTRICT TO BE KNOWN AS THE
PĀHOA VILLAGE DESIGN (PVD) DISTRICT TO INCLUDE ADOPTED
DESIGN GUIDELINES AND A DESIGN REVIEW COMMITTEE, AND
PROVIDING AN EXCEPTION TO OFF-STREET PARKING AND LOADING
REQUIREMENTS FOR SAID SPECIAL DISTRICT (Planning Director Initiated)
The Windward Planning Commission forwards its favorable recommendation for
this amendment to the Zoning Code, which provides a process for community
review of project applications and plan, and to provide distinct requirements for Off-
Street Parking and Loading in the proposed PVD District.
Reference: Comm. 1027
Intr. by: Mr. Kern (B/R)
First Reading: March 4, 2015
Postponed: March 18 and April 1, 2015
(Note: There is a pending motion by Mr. Ilagan and duly seconded by
Mr. Paleka to approve Bill 282.)
CHR. KANUHA: Thank you, Mr. Clerk. There’s a pending motion on the floor.
I will give the floor to Mr. Ilagan.
MR. ILAGAN: Mr. Chair, may I have a five minute recess, to get the paper work
for this?
CHR. KANUHA: Okay, we will take a brief recess.
Recess: At 3:36 p.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 3:46 p.m.
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Hawai‘i County Council-10 April 15, 2015
CHR. KANUHA: Okay, we are coming out of recess. Mr. Clerk, I think we’re
on Bill 282 if I’m correct.
MR. HENRICKS: It’s been read in and I believe Mr. Ilagan has the floor.
CHR. KANUHA: Okay, thank you very much. Mr. Ilagan, you have the floor.
MR. ILAGAN: Thank you, Mr. Chair, and thank you for entertaining the recess.
I wanted to make sure that we have everything ready, because this is a three bill
thing. Starting off with the 282. I just wanted to let everyone know, that the
amendments that we need to make is ready, but that’s for another bill. And I just
want to say it’s time for us to work on the final approval for Bill 282, and I will
discuss the amendment further Bill 283, which I should have took that first,
because that’s where the amendment lies. But there’s always the reconsideration,
so we have that option if we need to. So I just want to say, thank you all the
Council Members for bearing with me regarding these design guidelines, and I
hope that you will support Bill 282.
CHR. KANUHA: Thank you, Mr. Ilagan. Is there any discussion? Okay, I just
want to get this straight. So the amendments are for the next bill, they weren’t for
this one. Okay, got it. Seeing no other discussion, all in favor of Bill 282 say
“aye.”
Vote on Bill 282: The motion to pass Bill 282 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Paleka, Poindexter, Wille, and Chair Kanuha – 8.
Noes: None.
Absent: None.
Excused: Council Member Onishi – 1.
CHR. KANUHA: Motion passed. Mr. Clerk, Bill 283.
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Bill 283: AMENDS CHAPTER 25, ARTICLE 2, DIVISION 7 AND ARTICLE 6,
(2012-2014) DIVISION 1 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION,
AS AMENDED), RELATING TO REVIEW OF DEVELOPMENT PROJECTS
PROPOSED WITHIN A SPECIAL DISTRICT (Planning Director Initiated)
The Windward and Leeward Planning Commissions forward their favorable
recommendation for this amendment to the Zoning Code, which would create a
process within the Zoning Code that requires the Planning Director to review and
consult with a local design review committee for certain land use permit
applications situated within a special district to promote consistency with
applicable adopted design guidelines and/or standards.
Reference: Comm. 1028
Intr. by: Mr. Kern (B/R)
First Reading: March 4, 2015
Postponed: March 18 and April 1, 2015
(Note: There is a pending motion by Mr. Ilagan and duly seconded by
Mr. Paleka to approve Bill 283.)
CHR. KANUHA: Thank you, Mr. Clerk. There’s a pending motion on the floor.
I will give the floor to Mr. Ilagan.
MR. ILAGAN: Thank you so much, Mr. Chair. First of all, I just want to say the
reason why we had to take a long time to actually get this, is because of what had
happened. I’m not blaming anyone. But if I were to blame someone it would be
Council Member Eoff regarding the PUD (Planned Use Development). But to be
honest she did a great job, because it’s better oversight regarding the commission.
So it was worth the hard work, and I just want to say, I want to make a motion to
amend Bill 283 with the contents of Communication 259.2.
Motion to Amend: Mr. Ilagan moved to amend Bill 283 with the contents of
Comm. 259.2. Seconded by Ms. David.
CHR. KANUHA: Mr. Ilagan.
MR. ILAGAN: Thank you, Mr. Chair. First of all, I want to thank Leslie, Peter,
Director Kanuha, and Corporation Counsel Bill Brilhante, because all four of
them has been working on this amendment. This amendment does not change the
substance and the merit of the original bill, it only changed the housekeeping that
needed to be fixed due to another bill that had passed in between these readings
regarding the PUD. We had to remove the PUD director part, and put in the
Planning Commission. But we realize there was so many moving parts in that
whole thing. So I just want to say the original merit of this bill in still in existence
nothing has changed. I just want to ask for your support for this amendment to
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Hawai‘i County Council-10 April 15, 2015
finalize this Pāhoa guidelines for the area of Puna. If you have any questions, I’ll
be happy to answer them. Thank you.
CHR. KANUHA: Thank you, Mr. Ilagan. Ms. Eoff.
MS. EOFF: I’d just like to say thank you to everyone for their hard work on this.
I know revising the code can be tricky to make sure that you do find all the
appropriate sections that need to be changed, because the bill changing the PUD
application process from director to commission required a lot of sections to be
looked at. So thank you very much everybody, for their work on this.
CHR. KANUHA: Thank you, Ms. Eoff. Any other discussion on the
amendment? Hearing or seeing none, all in favor of amending Bill 283 with the
contents of Communication 259.2 say “aye.”
Vote on Motion to Amend: The motion to amend Bill 283 with the contents of
(Approved) Comm. 259.2 was carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Paleka, Poindexter, Wille, and Chair Kanuha – 8.
Noes: None.
Absent: None.
Excused: Council Member Onishi – 1.
CHR. KANUHA: Motion passes. Now we are on to the main motion as
amended. But since this was a substantial amendment it will automatically be
held over to the next Council meeting.
MR. ILAGAN: Mr. Chair, may I make a motion to suspend the rules to allow the
voting for Bill 283. The reason why is—
CHR. KANUHA: No, you need a motion. I need a second.
Vote on Motion to Mr. Ilagan moved to suspend Council Rule 24 to
Suspend waive the holdover for substantive amendment of Bill 283.
Council Rules: Seconded by Ms. Wille and carried by the following
roll call vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Paleka, and Wille – 6.
Noes: Council Member Poindexter, and Chair Kanuha – 2.
Absent: None.
Excused: Council Member Onishi – 1.
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Hawai‘i County Council-10 April 15, 2015
CHR. KANUHA: Motion passes. We can discuss this today and vote on it. So
Mr. Ilagan on the motion as amended.
MR. ILAGAN: Thank you. I just want to clarify that there is—I have been
postponing this each Council session, and every time I postponed it I made the
clarification that the reason why we were postponing it was because the changes
on the PUD. Those were the only changes that were made. I felt that I have let
the public know on the reason why we did this, and we postponed it two times
and continuously notified them that those were the only changes. Those were the
only changes that’s made on this. If I had made another change to do something
else then I would have allowed for that extra Council meeting to let the public
know. So I just want to let every Council Member know that, the only changes
we made was the ones that I previously mentioned. Nothing is being sneaked in
on this. So rest assured, thank you.
CHR. KANUHA: Thank you, Mr. Ilagan. I have Ms. Poindexter next.
Ms. Poindexter.
MS. POINDEXTER: The reason I voted no on that, because of substantive
changes, I really believe even if I know you did this in a fair way, and what you
said you were going to do; however, I still believe that the public has the right to
review major changes, and to be able to testify on them. When we suspend the
rules, then they’re not able to testify, or review this and give their input, and they
may have all said we support this.
But it gives them that opportunity to review, that’s why that rule is in place. It’s
for the fairness of the public to be able to come and voice their opinion on any
major changes. So that I just wanted to say. I agree with what you’re doing. The
process is what I don’t agree with. So thank you.
CHR. KANUHA: Thank you, Ms. Poindexter. Mr. Chung.
MR. CHUNG: Thank you, Mr. Chairman. I don’t know if this is out of order, but
I just want to make sure I understand this. Is there any question as to whether
there’s been a substantial change or not, or is it just up to us. Because really if it
is a substantial change, we have no choice. See that’s the thing. There was the
revision of planning code many years ago that whole thing was overturned by
Judge Ibarra.
I mean if it’s just up to us, then it’s okay. I’ll stand by my vote if there’s no
question there is a substantial change, whether or not you went out to the public,
Mr. Ilagan, I’m just saying I think we better ask our Corp Counsel on this one.
Because if not, it’s going to cause more of a delay.
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Hawai‘i County Council-10 April 15, 2015
CHR. KANUHA: Thank you, Mr. Chung. That was a question for Ms. Stebbins.
Mr. Chung still has the floor, so—
MR. CHUNG: No, I’m finished.
CHR. KANUHA: Okay, I’m going to allow latitude in this, because we didn’t
have an opportunity to discuss this for the previous question, right. The question
came up—I’m just going to repeat the question. A question came up whether it’s
okay with us to proceed. See this is all circumstantial, basically, on what could
happen in the future. But—I don’t even know how to repeat that question. Are
we legally bound to hold this over to the next Council meeting being that if this
was considered a substantial change or not?
(Note: At this time, Corporation Counsel Molly Stebbins came forward to
address the members of the Committee.)
MS. STEBBINS: Good afternoon, Chair Kanuha and Members of County
Council. Molly Stebbins, Corporation Counsel. Yes, I think if it’s a substantial
amendment, then the best practice is to hold it over.
CHR. KANUHA: Thank you. Okay, then the question would be to ourselves or
the Clerk whether this would be considered a substantial change. I think that’s
another question. Or is it upon us to say whether this was substantial or not?
MR. HENRICKS: Well I think what we’re talking about is a couple different
things here. Our Council Rules, as far as I know, my research, indicates that is
the only legal requirement that material that is amended be holdover. Those
Council rules are not based on any statue or OIP (Office of Information Practices)
opinion, they’re based upon best practice to make sure that when there are
amendments to legislation, the public or the private entities or other government
agencies have the opportunity to review the amendments.
That being said—and our Council Rule doesn’t talk about substantial, it just says
anything more than a typo. So I think that’s easier to define, because don’t worry
about the word substantial, was it more than a typo? Yes. What it was, was a
housekeeping amendment. That can be kept in mind as well.
CHR. KANUHA: Thank you, Mr. Clerk. I’m going to let Mr. Chung continue
with his questioning.
MR. CHUNG: I don’t have questions. Does anybody have any idea as to—?
Maybe Mr. Ilagan can provide guidance?
MR. ILAGAN: Thank you, Council Member Chung. It seems like you guys are
worried. With these bills, the community asked myself and Council Member
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Hawai‘i County Council-10 April 15, 2015
Paleka when these are going through. They constantly remind us when is this
going through? I’m saying, “Community, could you please bear with us and be
patient. Thank you for your patience, because we’re trying to do some
housekeeping, and we don’t want to cause more work in the future and everything
else.” If you guys are worried, I am more than willing to hold it back, and I’ll talk
to my community and say, “You know, the other Council Members feel like they
want to hold it back for another session.” I’m more than happy to do it. But it
seems like someone’s pointing me to Director Kanuha, and I am definitely—
Director, could you please come up, and if you have any thoughts on this
amendment. Please be more than—I’m more than happy to hear them.
But I just want to let the Council Members know that I am more than happy to let
this go on another time. I just have to face my community, and tell them you
guys tied my back, and I couldn’t do it. I’m just playing. I will do it, and I
honestly believe it’s a substantial change. It’s not a typo. But the only change I
did make was regarding the PUD thing. So Director, please.
(Note: At this time, Planning Director Duane Kanuha came forward to
address the members of the Council.)
MR. KANUHA: Thank you, Mr. Chairman, and members of Council.
Duane Kanuha, Planning Director. All I can say is, I believe Corporation Counsel
Stebbins has made her commentary as well as the Clerk’s office. I don’t know
how much I can weigh in on what those comments are except to say that, I agree
with the history that Council Member Chung had provided when the Zoning and
Subdivision Codes were revised many years ago. So I guess my only
commentary would be, it would be better to be more conservative and hold this
over.
CHR. KANUHA: Thank you, Mr. Ilagan. Thank you, Mr. Kanuha. We’ll go to
Ms. Wille first.
MS. WILLE: I’ll be very quick. I consider it a housekeeping change, and. I’m
going to stay with my vote. I don’t think it’s necessary. It’s really just a
clarification and happy to do it. But I don’t think it actually changes the law. So
that’s where I am.
CHR. KANUHA: Thank you, Ms. Wille. Mr. Chung.
MR. CHUNG: I may have asked this question before. But now I’m beginning to
understanding this better. Jon, what does our rule say regarding these types of
changes and holdovers relating there too?
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Hawai‘i County Council-10 April 15, 2015
MR. HENRICKS: Anything more than a typo. Other than for the budget bills
during the budget season. If that is amended, whether it’s a resolution or bill it’s
held over to the next meeting.
MR. CHUNG: Okay, so this is more than a typo right. Therein lies the problem.
Because even if—and I agree with Ms. Wille, this is not really a substantial
change but it’s going to be hard for us to argue otherwise when we have a rule.
We‘re going to be violating our rule. We should change the rule. That’s what I
think. I really apologize, Greggor, on this. But just think it’s going to be hard for
us to defend, if it ever got to it, when we violated our own rule. I think it’s a silly
rule. But—oh, you guys suspend these? Okay, I got no problem. If you suspend
the rule, but hoo.
CHR. KANUHA: Thank you, Mr. Chung. Mr. Paleka and then Mr. Ilagan.
MR. PALEKA: May I make a motion to reinstate the rule?
MR. HENRICKS: If that is will of the Council. My suggestion would be, a
quicker route would be to simply make a motion to postpone it to the next
Council meeting. It will have the same effect.
CHR. KANUHA: Mr. Paleka, were you finished?
MR. PALEKA: I guess it was a question. I can, or reconsider the vote.
MR. HENRICKS: Sure, you could reconsider your vote on the suspension, or
you could—if the objective is to have this come up for second and final reading at
the next Council meeting. Then you could also postpone it till then. Or you could
reconsider your votes.
MR. PALEKA: I’ll defer and let—since Councilman Ilagan is taking the lead on
these things, these ordinances. I’ll let Mr. Ilagan decide the route he wants to
take.
CHR. KANUHA: Thank you, Mr. Paleka. I don’t want to get into any possible,
what could happen in the future with this bill. We want this, this is a good bill.
There’s no denying that. We don’t want anything to happen to it. So I think the
cleanest way, is to just reconsider that vote, if that’s the purpose, if we’re going to
go that route, to just reconsider the suspension of the rules so it can be held over
to the next Council meeting. I think that would be the cleanest way possible.
Yes. Okay, Mr. Ilagan.
MR. ILAGAN: Thank you, Mr. Chair. I hear everybody’s concerns, and I heard
Director Kanuha’s comment. I agree. I have—I’m not in a rush. I will handle
the people I represent, and I will let them know that it’s going to take a little bit
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Hawai‘i County Council-10 April 15, 2015
longer, but we want to do it the right way, and I’m all for that. So I want to also
say by doing this I want to reconsider Bill 282, and postpone that too. The reason
why, even though we did not amend that, it’s the same thing. These three bills are
as one. I don’t want to pass one, and then the other two is left behind. That’s the
reason I kept all three. So please, if you guys want to go through that route,
support my reconsideration on Bill 282. So at this time, I am going to postpone
Bill 283 to the next Council meeting on May 6th.
CHR. KANUHA: Before I say that motion, before you make that motion. Is that
the route you want to take? Postpone it or the reconsider of the route?
MR. ILAGAN: The reason why is the postponing of the rule. Is just to allow that
door to open. But we didn’t go through that door. We’re not voting on the main?
No, we’re not. We voted on the amendment. Then it’s amended now, and then it
automatically gets postponed. But what we voted on is to suspend the rule. But
that doesn’t matter, because we’re not trying to circumvent that rule. We’re
postponing the bill. Just like what would happen otherwise. There’s nothing that
we’re—Mr. Clerk, would you like to clarify?
MR. HENRICKS: If you’re asking me if it has the same affect. It has the same
affect. If you’re asking me if there might be some other kind of interpretation by
doing it different ways, I can’t say. Does it have the same affect? Yes.
MR. ILAGAN: I move to postpone Bill 283 to May 6th. To the next Council
meeting on, I want to get this exactly correct. So right now, I am withdrawing the
previous statement. I would like to move bill, I would like to postpone Bill 283 to
the next Council meeting on May 6th.
Vote on Motion Mr. Ilagan moved to postpone Bill 283, Draft 2, to t May 6,
to Postpone: 2015. Seconded by Ms. David and carried by the following
voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Paleka, Poindexter, Wille, and Chair Kanuha – 8.
Noes: None.
Absent: None.
Excused: Council Member Onishi – 1.
CHR. KANUHA: Motion passes.
MR. ILAGAN: Mr. Chair?
CHR. KANUHA: Mr. Ilagan.
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Hawai‘i County Council-10 April 15, 2015
Motion to Mr. Ilagan moved to reconsider the vote taken on
Reconsider: Bill 282. Seconded by Mr. Paleka.
MR. ILAGAN: Thank you. The reason why I’m reconsidering Bill 282, is
because I would also like to postpone it to May 6, to the next Council meeting, so
it can follow up with its other companion bills. I don’t want it to be lonely.
CHR. KANUHA: Thank you. Any discussion? Hearing or seeing none, on the
reconsideration, all in favor say “aye.”
Vote on Motion to The motion to reconsider the vote on Bill 282 was carried by
Reconsider Bill 282: the following voice vote:
(Approved)
Ayes: Council Members Chung, David, Eoff, Ilagan,
Paleka, Poindexter, Wille, and Chair Kanuha – 8.
Noes: None.
Absent: None.
Excused: Council Member Onishi – 1.
CHR. KANUHA: Motion passes. Bill 282 is now back on the floor. Mr. Ilagan.
MR. ILAGAN: Thank you Mr. Chair. I move to postpone Bill 282 to next
Council meeting on May six.
Vote on Motion to Mr. Ilagan moved to postpone Bill 282 to May 6, 2015.
Postpone Bill 282: Seconded by Mr. Paleka and carried by the following
(Approved) voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Paleka, Poindexter, Wille, and Chair Kanuha – 8.
Noes: None.
Absent: None.
Excused: Council Member Onishi – 1.
CHR. KANUHA: Motion passes. Okay, Mr. Clerk next item on the agenda.
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Hawai‘i County Council-10 April 15, 2015
Bill 291: AMENDS CHAPTER 3 OF THE HAWAI‘I COUNTY CODE 1983 (2005
(2012-2014) EDITION, AS AMENDED), RELATING TO REGULATION OF SIGNS
IN THE PĀHOA VILLAGE DESIGN DISTRICT
Sets forth the requirements and procedures for obtaining a permit for signage
within the Pāhoa Village Design District. Also establishes the review process for
sign permit applications.
Reference: Comm. 1044
Intr. by: Mr. Kern (B/R)
First Reading: March 4, 2015
Postponed: March 18 and April 1, 2015
(Note: There is a pending motion by Mr. Ilagan and duly seconded by
Mr. Paleka to approve Bill 291.)
CHR. KANUHA: Mr. Ilagan.
MR. ILAGAN: Thank you Mr. Chair. As well as Bill 291. I move to postpone
th
Bill 291 to the next meeting on May 6.
Vote on Motion Mr. Ilagan moved to postpone Bill 291 to May 6, 2015.
to Postpone: Seconded by Mr. Paleka and carried by the following
(Approved) voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Paleka, Poindexter, Wille, and Chair Kanuha – 8.
Noes: None.
Absent: None.
Excused: Council Member Onishi – 1.
CHR. KANUHA: Motion passes. Mr. Clerk, Bill 26.
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Hawai‘i County Council-10 April 15, 2015
Bill 26: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE FAMILY RESIDENTIAL – 10,000 SQUARE FEET (RS-10) TO
NEIGHBORHOOD COMMERCIAL – 10,000 SQUARE FEET (CN-10) AT
WAIĀKEA HOUSE LOTS, SOUTH HILO, HAWAI‘I, COVERED BY
TAX MAP KEY: 2-2-036:042.
(Applicant: Lance Moe) (Area: Approx. 22,500 square feet)
The Windward Planning Commission forwards its favorable recommendation for
this change of zone, which would allow the applicant to construct an
approximately 3,150 square-foot, single-story medical facility for the landowner,
Chedhold, LLC.
Reference: Comm. 132
Intr. by: Mr. Ilagan
First Reading: April 1, 2015
Vote on Bill 26: Mr. Ilagan moved to pass Bill 26 on second and final
(Adopted) reading. Seconded by Mr. Paleka and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Paleka, Poindexter, Wille, and Chair Kanuha – 8.
Noes: None.
Absent: None.
Excused: Council Member Onishi – 1.
CHR. KANUHA: Motion passes. Mr. Clerk can we go to the reports?
REPORTS: The Chair directed the Council to proceed to the next order of business, Reports.
PC-17 NOMINATION OF CHRISTINE WADA TO THE CULTURAL RESOURCES
(Comm. 201): COMMISSION
From Mayor William P. Kenoi, dated March 10, 2015, submitting for the
Council’s review and confirmation the above nomination.
Vote on PC-17: Mr. Paleka moved to adopt Planning Committee
(Adopted): Report No. 17. Seconded by Ms. David and carried
by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Paleka, Poindexter, Wille, and Chair Kanuha – 8.
Noes: None.
Absent: None.
Excused: Council Member Onishi – 1.
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Hawai‘i County Council-10 April 15, 2015
CHR. KANUHA: Motion passes. Next item.
PC-18 NOMINATION OF LILY H. K. L. DUDOIT TO THE CULTURAL
(Comm. 201): RESOURCES COMMISSION
From Mayor William P. Kenoi, dated March 10, 2015, submitting for the
Council’s review and confirmation the above nomination.
Vote on PC-18: Mr. Paleka moved to adopt Planning Committee
(Adopted): Report No. 18. Seconded by Ms. Eoff and carried
by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Paleka, Poindexter, Wille, and Chair Kanuha – 8.
Noes: None.
Absent: None.
Excused: Council Member Onishi – 1.
CHR. KANUHA: Motion passes. Next Item.
MR. HENRICKS: Would you for me to read them all in, and perhaps we could
make a bulk motion?
CHR. KANUHA: Please.
Financial Report: Monthly Budget Status Report for the Month Ended November 30, 2014, from the
Department of Finance.
Financial Report: Monthly Budget Status Report for the Month Ended December 31, 2014, from the
Department of Finance.
Financial Report: Monthly Budget Status Report for the Month Ended January 31, 2015, from the
Department of Finance.
CHR. KANUHA: May I have a motion to file Financial Reports ending
November 30, December 31, and January 31.
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Hawai‘i County Council-10 April 15, 2015
Vote on Motion Ms. Eoff moved to accept and file the Financial Reports for
to Close File: November 30, December 31, and January 31, 2015.
(Approved): Seconded by Mr. Paleka and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Paleka, Poindexter, Wille, and Chair Kanuha – 8.
Noes: None.
Absent: None.
Excused: Council Member Onishi – 1.
CHR. KANUHA: Motion passes. Okay Mr. Clerk, can you explain to me how
we proceed from here for Referrals for Executive Session. Do we read in the
referrals first?
MR. HENRICKS: Can I ask you for a brief recess to confirm with Corporation
Counsel?
CHR. KANUHA: Yes.
MR. HENRICKS: Thank you.
CHR. KANUHA: Brief recess.
Recess: At 4:14 p.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 4:18 p.m.
CHR. KANUHA: Okay, we are coming out of recess. Mr. Clerk, could you read
in the Referrals for Executive Session.
REFERRALS The Chair directed the Council to proceed to the next order of business,
FOR EXECUTIVE Referrals for Executive Session.
SESSION:
Comm. 225: REQUEST TO EXTEND FUNDING FOR WORKER’S COMPENSATION
CONTRACT WITH LEONG KUNIHIRO BENTON AND BROOKE
(FORMERLY LEONG KUNIHIRO LEONG AND LEZY)
From Corporation Counsel Molly A. Stebbins, dated March 12, 2015, requesting
an attorney-client confidential discussion to consult with the Council on the above
matter.
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Hawai‘i County Council-10 April 15, 2015
Comm. 255: JOHN TREDRE VS. COUNTY OF HAWAI‘I ET AL.; CIVIL NO. 13-00543
LEK-KSC
From Deputy Corporation Counsel Christopher P. Schlueter, dated March 25,
2015, requesting an attorney-client confidential discussion to consult with the
Council on the above matter, including a settlement offer by the plaintiff.
CHR. KANUHA: Thank you, Mr. Clerk. I just wanted to read in those
communications first. I know we have a third communication on the table for
Executive Session. But I want to make sure we go into Executive Session on
these two items and then we can discuss the third item on the agenda for
Executive Session. Communication 225 and Communication 255. Ms. Stebbins
can explain the reason we were going to talk about the Communication 260
before we go into Executive Session.
MS. WILLE: But shouldn’t we talk about that before we go into Executive
Session?
CHR. KANUHA: Well we can—Ms. Stebbins, I think there’s a question about
the process and processes about going into Executive Session with the first two
matters.
(Note: At this time, Molly Stebbins came forward from Corporation
Counsel to address the members of the Council.)
MS. STEBBINS: I think there’s a question about whether or not it’s appropriate
to go into Executive Session, or Communication 260. So that’s why I thought it
would make sense to take up the first two items separately.
CHR. KANUHA: Okay, thank you. I prefer to do that first, and then we can talk
about the other one. But Ms. Eoff can I have a motion.
Vote on Motion Ms. Eoff moved to go into Executive Session in order to hold
to Enter into attorney-client privilege discussion regarding Comms. 225
Executive Session: and 255, pursuant to section 92-5(a)(2) and 92-5(a)(4) of the
(Approved) Hawaiʻi Revised Statutes. Seconded by Ms. Poindexter
carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Paleka, Poindexter, Wille, and Chair Kanuha – 8.
Noes: None.
Absent: None.
Excused: Council Member Onishi – 1.
CHR. KANUHA: Motion passes. We will now be going into Executive Session.
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Hawai‘i County Council-10 April 15, 2015
Recess: At 4:20 p.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 5:08 p.m.
CHR. KANUHA: Okay, we are now coming out of Executive Session. For
Comm. 225 and 255. First I would like to ask for a motion authorizing additional
monies to extend funding for Worker’s Compensation contract with Leong
Kunihiro Benton and Brooke in the amount of $15,000.
Vote on Motion Ms. Poindexter moved to concur with the recommendation of
to Concur: Corporation Counsel regarding Comm. 225. Seconded by
(Approved) Mr. Chung carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Paleka, Poindexter, Wille, and Chair Kanuha – 8.
Noes: None.
Absent: None.
Excused: Council Member Onishi – 1.
CHR. KANUHA: Motion passes. Now on to Communication 255. May I have a
motion to concur with the recommendation of Corporation Counsel to settle?
Vote on Motion Ms. David moved to concur with the recommendation of
to Concur: Corporation Counsel regarding Comm. 255. Seconded by Ms.
(Failed) Poindexter and failed by the following roll call vote:
Ayes: None.
Noes: Council Members Chung, David, Eoff, Ilagan
Paleka, Poindexter Wille, and Chair Kanuha – 8.
Absent: None.
Excused: Council Member Onishi – 1.
CHR. KANUHA: Motion does not pass. Okay, moving on Mr. Clerk, can you
read in Communication 260.
Comm. 260: REQUEST FOR EXECUTIVE SESSION TO DISCUSS WITH CORPORATION
COUNSEL THE DISCIPLINARY ACTIONS TAKEN AGAINST CERTAIN
EMPLOYEES OF THE FIRE DEPARTMENT
From Council Member Aaron S. Y. Chung, dated March 31, 2015, requesting an
executive session to discuss with Corporation Counsel, and perhaps the Fire Chief,
the above matter.
CHR. KANUHA: Thank you, Mr. Clerk. Mr. Chung. I think well—first I want
to—okay, move to close—okay move to file Communication 260.
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Motion to Close File: Mr. Chung moved to file Comm. 260. Seconded by
Mr. Paleka.
CHR. KANUHA: Mr. Chung, you have the floor,
MR. CHUNG: Mr. Chairman, because I received a communication from the
Corporation Counsel’s Office saying that, we don’t have jurisdiction over this
matter. I vehemently disagree, but I’d like to hear what the Corporation Counsel
says. Or is this just self-explanatory?
MS. STEBBINS: Good afternoon again. Molly Stebbins, Corporation Counsel.
Yes, I did send a privileged memo to all of you explaining the concerns that I had
with this request. I guess quite frankly I was perplexed by this request for an
Executive Session to discuss disciplinary actions taken against employees of the
Fire Department, which first of all I think that’s inaccurate. I know from your
request Council Member Chung, what you’re alluding to, the incidents that have
been reported in media recently. In those cases there hasn’t been disciplinary
action. But there are ongoing investigations. I am not at liberty to discuss
confidential personnel matters with the Council. So I wanted to just state that
before there’s any vote to go to Executive Session. Because I don’t want to give
the impression that I would not be divulging personnel matters to the Council in a
closed session.
MR. CHUNG: Thank you. I’m kind of reading what I wrote to Chairman
Kanuha. I don’t see anything here where I’m asking for personnel information. I
think what I said was, I just think the Council needs to be assured that our county
attorneys are involved in advising the department every step of the way on this
matter.
So again, you have to understand where I’m coming from and I stated it here. I
was around on the Council when the police, for lack of a better term, police
cheating scandal came up. We had an opportunity, and this is neither here or
there right now and hopefully never gets there, but we had a chance to settle that
for $700,000. For some reason, in the Council’s infinite wisdom, five people
decided that we shouldn’t settle, maybe like what we did just a while ago. But
ultimately, we got hit with a $3 million judgment, and all kinds of bad stuff
happened thereafter.
I also—there’s more to this backdrop. I was actually in the Corp. Counsel’s
office when all of this stuff started. Really when I think back, the Corp. Counsel
at that time, I know they were in constant dialogue with the Police Department,
but I think if they had taken a stronger role, and I’m not saying that you guys
aren’t taking a strong role in this, I think a lot of that could have been nipped in
the bud. I’m just laying that out as the backdrop to why I’m concerned about this.
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I’m not asking for what’s going on with the investigation. I don’t know, I could
care less.
I mean I do care, but I got to be assured, I think we need to be assured, that you
guys are very, very much involved in all of this. Maybe it’s not necessary for you
guys to be involved, and you can just say, “We’re not really involved, we’re
letting the department handle it.” If that’s the case, I have no problem either. But
I want to know what your involvement is in all of this, if anything.
MS. STEBBINS: No, we’re certainly not taking the approach that let’s just not be
involved and see what happens. We try to provide proactive guidance, and
advice, and we’re certainly involved in this particular situation. So if you’re
looking for assurance that our office is there providing advice, and in
communication, we certainly are.
MR. CHUNG: There is one more aspect to all of this. I don’t know if you’re at
liberty to really give any kind of assessment. Can you explain to us what rule of
the Police Department, or the Police Commission, the media is referring to that
has given rise to the investigation of one of these.
MS. STEBBINS: No, I can’t comment on that.
MR. CHUNG: Well what is the rule? There has to be a rule. You can tell us
with the rule is, right? I mean, Molly you got to understand here—
MS. STEBBINS: I’m not going to get into specifics of what any individuals may
be currently under investigation for. That’s getting into a discussion about private
potential disciplinary actions against the employee.
MR. CHUNG: As our attorney, is there a rule of either the Fire Department, or
the Fire Commission, that prohibits a member of the Fire Department to criticize
that department? Is there such a rule?
MS. STEBBINS: I don’t know the exact wording of the rule. But I believe
there’s a rule that states something to the effect of members of the department
shall not make statements that bring the department into disrepute. I had
mentioned in my letter to you some concerns about your comments regarding that
rule’s constitutionality. If you want to go further in this discussion, and make
statements pertaining to that then we do need to go to an Executive Session
MR. CHUNG: If that’s the case, yes, I would request we go to Executive
Session. Do I have to make a motion? I make a motion to go to Executive
Session.
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Motion to Enter into Mr. Chung moved to enter into Executive Session in order to
Executive Session: hold attorney-client privilege discussion regarding
Comm. 260, pursuant to section 92-5(a)(2) and 92-5(a)(4) of
the Hawaiʻi Revised Statutes. Seconded by Mr. Paleka.
CHR. KANUHA: It’s been moved to go to Executive Session. So that we can
consult with our Council’s attorney on questions and issues pertaining to the
Counsel’s powers, duties, liabilities immunities and privileges. As been motioned
by Mr. Chung and seconded Mr. Paleka. Is there any discussion? Ms. Wille.
MS. WILLE: I just would like to wait, and let myself or any other Council
Member who’d want to say something.
MR. CHUNG: Oh, I’m sorry.
MS. WILLE: Be able to that. One of my questions is—
CHR. KANUHA: Wait. real quickly Ms. Wille. There’s a motion on the floor.
MR. CHUNG: I’ll withdraw my motion for now.
Withdraw Motion: Mr. Chung withdrew his motion to enter into Executive
Session.
CHR. KANUHA: Okay, thank you. Motion been withdrawn. Ms. Wille you
have the floor.
MS. WILLE: On the letter that you wrote yesterday to us concerning requests for
Executive Session, you wrote—
MS. STEBBINS: Which was also sent under attorney-client privilege.
MS. WILLE: Right and why does that need to be under attorney-client privilege?
Why isn’t this—so, the public knows why you don’t want to.
MS. STEBBINS: I did just publicly state the primary reason, which is I
understood Council Member Chung’s request, and it’s entitled Request for
Executive Session to Discuss with Corporation Counsel the Disciplinary Actions
Taken Against Employees of the Fire Department. It’s not the Council’s
jurisdiction to get involved in personnel actions taken against employees in the
executive branch. It seemed to me the request was asking me to discuss
confidential personnel matters with the Council, and I don’t feel that would be
appropriate at all.
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MS. WILLE: But I’m specifically—then you would have no objection to this
memo being made public?
MS. STEBBINS: Sure, I think that the Council as a whole would have to waive
the privilege to it.
MS. WILLE: Or the Council as a majority would have to waive the privilege.
MS. STEBBINS: Right, if that’s how you’re waiving privilege now. I sort of lost
track.
MS. WILLE: So okay. I think that if you’re—anyway, I would prefer this be
made public, so your position is stated here, and what we’re dealing with.
MS. STEBBINS: I think the portion of that memo that really is the primary
reason, which is that you’re asking for discussion about personnel matters,
making that—I already stated that publicly. There’s other statements in there that
I would question why you think it’s necessary to make that memo public.
CHR. KANUHA: Thanks, Ms. Wille. Any other discussion Council Members
before I give the floor back to Mr. Chung. Okay, Mr. Chung.
MR. CHUNG: Thank you, I make a motion to go into Executive Session.
CHR. KANUHA: Any discussion? Hearing or seeing none, all in favor say
“aye.”
Vote on Motion to Mr. Chung moved to go into Executive Session in order to
Enter into Executive hold attorney-client privilege discussion regarding
Session: Comm. 260, pursuant to section 92-5(a)(2) and 92-5(a)(4) of
(Approved) the Hawaiʻi Revised Statutes. Seconded by Mr. Paleka and
carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Paleka, Poindexter, Wille, and Chair Kanuha – 8.
Noes: None.
Absent: None.
Excused: Council Member Onishi – 1.
CHR. KANUHA: Motion passes. We will now be going into Executive Session.
Recess: At 5:24 p.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 6:26 p.m.
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CHR. KANUHA: We're coming out of Executive Session and into open session.
What we have, we have a current motion on the floor to close file on
Communication 260. Is there any discussion? Hearing or seeing none, all in
favor say "aye."
Vote on Motion The motion to close file on Comm. 260 was carried by the
to Close File: following voice vote:
(Filed)
Ayes: Council Members Chung, David, Eoff, Ilagan,
Paleka, Poindexter, Wille, and Chair Kanuha— 8.
Noes: None.
Absent: None.
Excused: Council Member Onishi— 1.
OTHER The Chair directed the Council to proceed to the next order of business,
BUSINESS: Other Business.
(There was none.)
ANNOUNCE- The Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
(There were none.)
ADJOURN- There being no further business, at 6:26 p.m., Mr. Paleka moved to
MENT: adjourn the meeting. Seconded by Ms. Poindexter and carried by
the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Paleka, Poindexter, Wille, and Chair Kanuha— 8.
Noes: None.
Absent: None.
Excused: Council Member Onishi— 1.
Council Approval: MAR 2 2 2017
COUN CLERK
SM/j a/rk
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