HomeMy WebLinkAboutMIN COUNCIL 2015/12/14 2014-2016
Hawaiʻi County Council
th
29 Session
West Hawaiʻi Civic Center
74-5044 Ane Keohokālole Highway, Building A
Kailua-Kona, Hawaiʻi
December 14, 2015
INVOCATION: Pastor Dean Stanley of Kona Baptist Church was not available; Council Member
Maile David gave the morning’s invocation.
CALL TO The regular meeting of the Hawaiʻi County Council was called to order at
ORDER: 9:02 a.m., in the Council Chambers, Kona, by Mr. Dru Mamo Kanuha, Chair.
ROLL CALL:
Present: Mr. Dru Mamo Kanuha, Chair
Ms. Valerie T. Poindexter, Vice Chair
Mr. Aaron S. Y. Chung, Member
Ms. Maile “Medeiros” David, Member
Ms. Karen Eoff, Member
Mr. Dennis “Fresh” Onishi, Member (video conference from Hilo)
Mr. Danny Paleka, Member
Ms. Margaret Wille, Member
Absent & Excused: Mr. Greggor Ilagan, Member
CHR. KANUHA: Thank you very much. Mr. Onishi is located in Hilo today.
He has a memo sent to all of us and the public to notify that he will be in Hilo.
He has a community meeting on that side, so in that aspect, that’s why he’s
attending the meeting from Hilo. And also Mr. Ilagan had a family emergency
that he needed to attend to, so hopefully he will be here as soon as possible. So
prayers to him and his family. Okay, Ms. Eoff, may you lead us in the Pledge of
Allegiance, please?
PLEDGE OF The Chair directed the Council to the next order of business, Pledge of Allegiance.
ALLEGIANCE:
(At this time, Ms. Eoff led the Council in the Pledge of
Allegiance.)
CHR. KANUHA: Next up we have certificates. I think Ms. Wille, you have a
certificate presentation you’d like to present.
Hawaiʻi County Council-29 December 14, 2015
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 (Note: At this time, Ms. Wille presented a Certificate of Merit to Bobby Glory,
EXPRESSIONS OF Stephanie Stearns, and Pat Levi in recognition of their efforts as District 9
CONDOLENCE: Senior Club Presidents.)
Recess: At 9:14 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 9:17 a.m.
CHR. KANUHA: Okay, we are coming out of recess. Mahalo, Ms. Wille, for
those certificates of appreciation. Now we have Statements from the Public on
Agenda Items.
STATEMENTS The Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public on Agenda Items.
PUBLIC ON
AGENDA ITEMS: The following individuals registered to speak and came forward when
called by the Chair:
Cheryl King: Bill 101, Draft 2 (Comm. 494.9), in support.
Richey Riggs: Res. 352-15 (Comm. 580), in support.
(Representing The Roots Skate
Park)
CHR. KANUHA: Mahalo, for your testimony. Is there anybody else here in
Kona or in the outer sites wishing to testify? Please let me know. Okay, if not
I’m going to close public testimony and move on with the agenda. First up we
have Communication 576.
APPROVAL The Chair directed the Council to proceed to the next order of business,
OF MINUTES: Approval of Minutes.
(There were none.)
COMMUNI- The Chair directed the Council to proceed to the next order of business,
CATIONS: Communications.
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Hawaiʻi County Council-29 December 14, 2015
Comm. 576: NOMINATION OF SUSAN L. OSBORNE TO THE ENVIRONMENTAL
MANAGEMENT COMMISSION
From Mayor William P. Kenoi, dated November 23, 2015, submitting for the
Council’s review and confirmation the above nomination.
Waived: EMC
Vote on Comm. 576: Mr. Paleka moved to confirm the appointment of
(Approved) Ms. Susan L. Osborne to the Environmental
Management Commission. Seconded by Ms. Eoff and
carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 8.
Noes: None.
Absent: Council Member Ilagan – 1.
Excused: None.
Council Members spoke in favor of the appointment.
CHR. KANUHA: Motion passes. Mr. Clerk, Communication 577.
Comm. 577: NOMINATION OF SUSAN E. FISCHER 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 November 23, 2015, submitting for the
Council’s review and confirmation the above nomination.
Waived: FC
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Hawaiʻi County Council-29 December 14, 2015
Vote on Ms. Wille moved to confirm the appointment of
Susan E. Fischer: Ms. Susan E. Fischer to the Public Access, Open Space,
(Approved) and Natural Resources Preservation Commission.
Seconded by Mr. Paleka and carried by the following voice
vote:
Ayes: Council Members Chung, David, Eoff,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 8.
Noes: None.
Absent: Council Member Ilagan – 1.
Excused: None.
Council Members spoke in favor of the appointment.
CHR. KANUHA: Motion passes and congratulations. Thank you.
MS. FISCHER: Thank you.
CHR. KANUHA: Okay. Can I have a motion to approve the nomination of
Kekaulike Tomich to the Public Access, Open Space, and Natural Resources
Preservation Commission?
Vote on Ms. Eoff moved to confirm the appointment of
Kekaulike Tomich: Mr. Kekaulike P. Tomich to the Public Access, Open
(Approved) Space, and Natural Resources Preservation Commission.
Second by Mr. Paleka and carried by the following voice
vote:
Ayes: Council Members Chung, David, Eoff,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 8.
Noes: None.
Absent: Council Member Ilagan – 1.
Excused: None.
Council Members spoke in favor of the appointment.
CHR. KANUHA: Motion passes. Congratulations to both of you, mahalo.
We’re going to take a brief recess just to congratulate both of you, so we’re in
recess.
Recess: At 9:32 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 9:33 a.m.
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Hawaiʻi County Council-29 December 14, 2015
CHR. KANUHA: Okay, we are now out of recess and moving on with the
agenda. Mr. Clerk, if we can—top of the resolutions, Resolution 351.
ORDER OF The Chair directed the Council to proceed to the next order of business, Order of
RESOLUTIONS: Resolutions.
Res. 351-15: AUTHORIZES THE ACQUISITION OF PRIVATE PROPERTY BY
EMINENT DOMAIN, TAX MAP KEY: 1-7-007:015 (PORTION),
SITUATED AT ʻŌLAʻA, PUNA, COUNTY AND STATE OF HAWAI‘I, FOR
THE KUAULI ROAD IMROVEMENTS AT VOLCANO ROAD PROJECT
Authorizes the acquisition of a portion of Lot 25, as delineated in Exhibit 1, to
widen Kuauli Road and construct right and left turn lanes.
Reference: Comm. 578
Intr. by: Mr. Paleka
Waived: PWPRC
Note: First of two required readings,
Section 101-13, Hawai‘i Revised
Statutes
Motion to Approve: Mr. Paleka moved to adopt Res. 351-15. Seconded by
Ms. David.
CHR. KANUHA: Mr. Paleka.
MR. PALEKA: Yes, I just would like to ask for your support. I know when we
speak of condemnation it sometimes has a negative connotation, but for this
purpose, it‘s for a section of road of Kuauli leading on to a highway that really
needs widening. So the effort is to create left and right turn lanes on to the
highway and alleviate a lot of the traffic in the morning, because it’s backed up so
bad. And that emergency access—plus it creates a better access to that Puna
emergency access, if anyone is familiar with that area. This has been on the
books. Some constituents did bring it up and we just resurrected it. And I want to
thank the administration for helping us make it happen and I just ask for your
support. Thank you.
CHR. KANUHA: Thank you, Mr. Paleka. Any other discussion? Okay, hearing
or seeing none, all in favor of the motion say “aye.”
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Hawaiʻi County Council-29 December 14, 2015
Vote on Res. 351-15: The motion to adopt Res. 351-15 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, David, Eoff,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 8.
Noes: None.
Absent: Council Member Ilagan – 1.
Excused: None.
CHR. KANUHA: Motion passes. Resolution 352.
Res. 352-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT FOR THE LABOR COST TO BUILD
THE SECOND PHASE OF THE NORTH KOHALA SKATE PARK
Transfers $35,000 from the Clerk-Council Services – Contingency Relief
account (Council District 9); and credits to the Parks and Recreation, Transfer
to Capital Project Fund – G account.
Reference: Comm. 580
Intr. by: Ms. Wille
Motion to Approve: Ms. Wille moved to adopt Res. 352-15. Seconded by
Mr. Paleka.
CHR. KANUHA: Ms. Wille, go right ahead.
MS. WILLE: Okay, this is to do the next phase. There’s a small amount the
community has done of the small area, and this would really make it a real skate
park. So last term I gave the same amount, and plus we pinned down—the
Department of Parks and Recreation will provide the materials. So I’m hoping
that this really does make it happen, it’s very important in the community. We’re
trying to do all the things we can to make it so that youth have things that are
active, outdoors, and positive, rather than falling into other activities. So I urge
your support.
CHR. KANUHA: Thank you, Ms. Wille. Discussion Council Members?
Mr. Chung.
MR. CHUNG: Thank you, Mr. Chairman. You know, when the speaker from
North Kohala gave his thank you to both you and Ms. Poindexter, it brought a
smile to everyone’s face on this panel because he left out the person who’s
contributing the money, and it’s Ms. Wille. So I just wanted to make that point. I
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Hawaiʻi County Council-29 December 14, 2015
mean, not to take anything away from the two of you, but it really is her money.
So I wanted to recognize her, thank you.
CHR. KANUHA: Thank you, Mr. Chung. I was going to say the same thing, so
I’m glad you brought that up. Any other discussion Council Members? Okay,
hearing or seeing none, all in favor say “aye.”
Vote on Res. 352-15: The motion to adopt Res. 352-15 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 8.
Noes: None.
Absent: Council Member Ilagan – 1.
Excused: None.
CHR. KANUHA: Motion passes, next item.
Res. 353-15: APPROVES LEGISLATIVE PROPOSALS FOR INCLUSION IN THE
2016 THE HAWAI‘I STATE ASSOCIATION OF COUNTIES’ (HSAC)
LEGISLATIVE PACKAGE
Approves seven proposals, submitted by the counties, as listed in Exhibit A, to
be considered by the 2016 State Legislature which convenes on January 20,
2016.
Reference: Comm. 581
Intr. by: Mr. Onishi
Waived: GREDC
Motion to Approve: Mr. Onishi moved to adopt Res. 353-15. Seconded by
Mr. Paleka.
CHR. KANUHA: Go right ahead, Mr. Onishi.
MR. ONISHI: Just asking for support from the members, everything’s explained
within the proposed bill. Thank you.
CHR. KANUHA: Thank you, Mr. Onishi. Ms. Wille.
MS. WILLE: Okay, just so the public knows, I’m just going to run through what
they are, and I have comments about one in particular. The first item would allow
County zoning ordinances, to phase out non-conforming, single-family vacation
rental units in any zoning classification. So the counties could distinguish
between single-family residential use from single-family vacation rental use.
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Hawaiʻi County Council-29 December 14, 2015
And this was, I believe proposed by Kauaʻi and the whole vacation rental issue is
something that’s important. I know that I’m working on it as well as other
Council Members.
Right now if you were to look up vacation—go in and see which ones are paying
transient accommodations taxes and GE (General Excise) taxes, and who did all
the provisions. That’s much different than if you go into the internet and find
5,000 plus units. And what happens is people come to me where they’re being
responsible, and then they’re paying their taxes, and then others are not doing it.
So I think this is something that I know I’ll be working on, not necessarily in a
zoning way. The others here, I just want to say that I appreciate Fresh working
with the sunset provision for the liability exception for the County lifeguards. We
need lifeguards, we need them to not be worrying about someone bringing a
lawsuit against them. This is very important.
The third one would require mopeds to be subject to the State’s Safety Check
Program, also in terms of all of our safety sounds good. The fourth would allow
counties to make short term investments, same as the State. That sounds
financially good. The last one is the one I really want to comment on and this one
would amend the Sunshine Law to allow “Two or more members of the county
council to attend and speak at community educational or informational meetings
. . . if the meeting is open to the public.” I approve of that, but it really should be
for any board and commission, not just the County Council.
I know people say, for example on the North Kohala CDP (Community
Development Plan)—coming to me and there’s a community meeting, they don’t
know if they’re allowed to go, they don’t know who else is going, or if they can
speak. And why should it just be for the County Council? So I ask, and I don’t
know Fresh, maybe you can comment. Is it possible that we could change this so
that it would be for any board and commission? So if it’s okay, asking Fresh to
comment on that.
CHR. KANUHA: Sure.
MR. ONISHI: You know, I never seen where somebody’s proposal has been
amended. I’ve only seen where either you voted up, or you voted down. Unless
during the time when it was sent to us prior, that we could have done maybe some
amendments to it. But for that instant, we can either vote it up or down.
MS. WILLE: Yes, I’m going to support it, but just making the public aware. And
since it’s not something that we’re voting, it won’t become law by our vote.
Asking for you all to please make the legislators aware and hopefully one of them
takes the time to make that amendment. Thank you.
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Hawaiʻi County Council-29 December 14, 2015
CHR. KANUHA: Thank you, Ms. Wille. Council Members any other discussion
on Resolution 353? Ms. Eoff.
MS. EOFF: I just wanted to say I’d like to support all of these measures too. I
know they have to be approved by all four counties, but Ms. Wille went through
most of them. But I think all of them have merit, and I too have experienced the
problem with the vacation rentals. And I think that the state level would help the
County have some ability to enforce the same and also the one that is coming
from our County which is to urge Congress to look again at the citizens united
issue and to help keep accountability for campaign contributions. So I support all
of these, and I know—well Fresh, has the other counties voted on this package
yet, or are we the first?
MR. ONISHI: You know, it’s already voted on, so the main thing was we need to
get this proposal on the HSAC’s (Hawaiʻi State Association of Counties)
agenda—followed up on what was happening.
MS. EOFF: Okay, well you’ll keep us informed then after this, so we’ll have idea
if the package goes, right?
MR. ONISHI: Yes.
MS. EOFF: Okay, thank you.
CHR. KANUHA: Thank you, Ms. Eoff. Ms. David.
MS. DAVID: Yes, thank you, Chair. First I’d like to thank Mr. Onishi. Thank
you for all your hard work on this package and you’re representing us quite well.
I do want to say that I support the entire package. I really think that the two or
more members of the County Council, that has been a problem for us attending
community meetings when we are limited—our attendance has to be limited. So I
really support this measure and the entire package. And thank you again,
Mr. Onishi. Mahalo.
MR. ONISHI: You’re welcome.
CHR. KANUHA: Thank you, Ms. David. Mr. Chung.
MR. CHUNG: Thank you, Mr. Chairman. Hey, Fresh, Can I ask a question of
Mr. Onishi? Fresh, you know, a few months ago you gave us the success
percentage of HSAC in getting these things affected. What was that again? It
was a low percentage, right?
MR. ONISHI: Yeah, like maybe one out of 10.
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Hawaiʻi County Council-29 December 14, 2015
MR. CHUNG: Yeah, that’s pretty low.
MR. ONISHI: Yeah.
MR. CHUNG: Okay. So you know what I would suggest really is—because I’m
going to be supporting this, just as a gesture of good will towards our unified
team. But there are some measures in here that I don’t agree with and some that I
don’t think go too far, particularly with regard to relief from the Sunshine Law.
You know, this is something that I’ve discussed with several members of the
Council, individually of course, and you know, we always talk about when we’re
running for office, how we want to work as a team. I truly believe that we are
hampered from affectively working as a team because of the constraints placed on
us by the Sunshine Law. I mean I’m all for transparency and at some point,
whatever discussions we have should be made public.
And there are a lot of checks and balances in that regard, because if we don’t
disclose what we’ve talked about, then one of the other members who were privy
to that information could make that disclosure. But I really think that if
everything has to be hashed out when we have meetings, it really, really does the
public a disservice. It’s my strong belief, I’ve been trying to advocate that to
every person I can. You know, even people who are all for, you know, stricter,
more transparency—but anyways I just wanted to make that point. But I’m still
going to be supporting this, I voted against the citizen united measure. But I’ll
still be supporting our package. Thank you.
CHR. KANUHA: Thank you, Mr. Chung. Council Members, any other
discussions? Mr. Onishi.
MR. ONISHI: Yeah, Mr. Chair, I just wanted to add—since Mr. Chung brought
it up. You know, like if you look at all the proposals yeah? So number one
relating to zoning, that was proposed last year, and so that got deferred. The tort
liability for when I was on HSAC, it has always been brought up because they
want to get rid of the sunset date. But for some reason, you have these attorneys
that go and lobby the legislators to have them set a date. And so every, you know
like—because 2017 I think this sunset—so like every couple years we got to go
back and ask the legislators to extend it or to try and do away with the sunset date.
Mopeds, the City and County of Honolulu for the past three or two terms have
tried to do this moped one, and has never moved forward. The public meetings
one, that one to my understanding, the legislators did pass something last year.
And that’s why if you guys remember, Jennifer Brooks came to the Council
maybe about five, six months ago, and she had that form, that if there were more
than two Council Members attending a public meeting, they would need to get
that formed filled out. And that to my understanding, was part of the agreement
or the law that required that. But I’m still asking Jennifer Brooks for more
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Hawaiʻi County Council-29 December 14, 2015
information about the law that was amended last year. And we did get a response
from her, but it wasn’t really clear. She really didn’t give any information about
the law itself, but she kind of explained to me in an email of what she had
explained to us when she came to Hilo. So that is an ongoing thing.
Number seven, the resolution requesting the Hawaiʻi State Legislature to urge the
Congressional Delegation, that’s something new, and hopefully I think that will
pass. I don’t see any problems. Other than that, the identification card, I don’t
think we should have any problems on that part because it’s a no brainer. I mean
it’s just giving them an option to put it on the card, so I think that should be able
to pass. But just to give some information. Thank you.
CHR. KANUHA: Thank you, Mr. Onishi. Mr. Chung.
MR. CHUNG: Thank you for letting me speak again. You know, in response
somewhat to what Mr. Onishi was saying and what I had spoken about earlier,
you know what troubles me about this? First of all, we have to look at why we
have such a low success percentage. It has to be that the formula that we’re
implementing is not correct. And just the fact we’re going to get a resolution like
this on the eve, maybe one month from the legislature convening I think it’s a bad
strategy. And I know it’s not Fresh’s fault. This thing should come in way in
advance, maybe two months after the legislature goes into recess so that we have
time to do our individual lobbying with the legislators, when they’re in a more
relaxed setting, not right before they’re going to go into their session. And I think
really Fresh, if I could offer a suggestion to HSAC, is to revisit the way they do
things, just the fact. You look at our success rate, it’s poor, and something has to
be corrected. And I think maybe one of this is the timing of all of this. That’s
just my thought, thanks.
CHR. KANUHA: Mr. Onishi.
MR. ONISHI: Yes, thank you, Mr. Chair. You know, I agree with you,
Mr. Chung. And if you folks remember when this topic came up before, I did
mention about that. If members remember when we went to the Maui HSAC
conference, I had asked Representative Scott Saiki about when legislation should
be brought to them. He had mentioned that in September, October, would be the
best time because he was saying that in December, it’s too late to get
Representatives and Senators to jump onboard with any proposals that HSAC had.
So I did mention that before, I did mention it to the body, but they never moved
forward on that. So hopefully in the future, they might start changing things.
And you know, like for example the TAT (Transient Accommodation Tax),
they’re going to go back and try and see if the counties can, I guess, get their
share.
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Hawaiʻi County Council-29 December 14, 2015
But what I told them is that I think that we should go and talk to the Governor
first because the Governor will be having that portion in his budget. So we would
need the Governor to not put that portion of the TAT in his budget, so that way,
the legislature can change the formula that they give to the counties. So what I
understand is we’re not going to be meeting with the Governor, we’re going to be
meeting with the Senators and the Representatives. But I don’t think we’ll be
able to move too much. So yeah, I’m hoping that maybe in the future, HSAC will
change their philosophy and start organizing earlier. And another thing I just
wanted to mention, and I don’t want to put any blame, but Maui County I guess
took a while to pass their legislation so that’s why we’re having this late. Thank
you.
CHR. KANUHA: Thank you, Mr. Onishi. Council Members any other
discussion on this resolution? Okay, hearing or seeing none, all in favor of
approving Resolution 353-15 say “aye.”
Vote on Res. 353-15: The motion to adopt Res. 353-15 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, David, Eoff,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 8.
Noes: None.
Absent: Council Member Ilagan – 1.
Excused: None.
CHR. KANUHA: Motion passes. Mr. Clerk, Bill 101.
BILL FOR The Chair directed the Council to proceed to the next order of business, Bills for
ORDINANCES Ordinances (First Reading).
(FIRST READING):
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Hawaiʻi County Council-29 December 14, 2015
Bill 101: INITIATES AN AMENDMENT TO ARTICLE XIV, SECTION 14-5 OF THE
(Draft 2) HAWAIʻI COUNTY CHARTER (2014), RELATING TO THE BOARD OF
ETHICS
The amendments would: 1) increase membership from five to nine members;
2) decrease member’s term from five to four years; 3) add council district
residency requirements; and 4) allow each council member to nominate two
persons from his or her council district to serve on the board, from which one
would be appointed by the mayor, subject to confirmation by the Council.
Reference: Comm. 494.9
Intr. by: Ms. Wille
Negative: FC-42 (Due to a vote of 2-ayes, 6-noes,
1-absent)
2/3 Vote: First of three required readings,
Section 15-1(a), Hawai‘i County
Charter
Motion to Approve: Ms. Wille moved to pass Bill 101, Draft 2, on first reading.
Seconded by Mr. Paleka.
CHR. KANUHA: Ms. Wille, go right ahead.
MS. WILLE: Yeah, I urge you all to reconsider, those of you who voted against
this. Our current system of dealing with the Ethics Board and dealing with
significant ethics violations is broken, and we need to fix it. And I know that
when I brought that reprimand resolution, many of you commented we need to fix
the system, not be going and making our own decisions on violations or providing
our own remedies. And well I didn’t agree with that. I am now here trying to
propose a way to correct the situation by providing the County with a more
effective way to really secure a meaningful Ethics Commission.
I know in all the gallop polls, it’s always you know, 85 percent of the people
don’t trust the government and this is really an important issue around the nation
right now. And I do feel it is particularly important with regard to the Mayor, and
I don’t mean particular to Mayor Kenoi, but it is the one position where there is
no supervisor, there are no peers, it’s only if you have an independent board. And
here, do we have an independent board, and someone where at least in that
position—otherwise, not as many countervailing or ways to address problems that
there is really a board that isn’t chosen by that one person.
I know that when we discussed this last time, there were number of comments,
you know, like that we’re focused on Mayor Kenoi and that he’s done a lot of
good. And I don’t think there’s anyone that doesn’t acknowledge that, but in
dealing with situations where you’re looking at ethics, and we’re looking at
ethics, we’re not looking at criminal charges. You know, you look at did
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Hawaiʻi County Council-29 December 14, 2015
somebody do something? You find that, and then you look at well, what remedy
or what punishment? And that’s where you take into—that you say, “Okay, I’m
going to do community service,” or you’re going to do this, those type of factors.
So this—you know, I brought a couple different bills—we passed another ethics
one and then Bill 78 that I amended, that was initiated by Council Member Ilagan.
How can we as legislators help to improve the situation? I think it’s important
that the County fulfills its kuleana of addressing where there is potential on
ethical behavior.
In this case, we had the Finance Director not say anything or not become public,
we had the County Prosecutor defer, we had the Board of Ethics defer, refer
whatever, and we have our Council side, we’re not doing anything. So it’s sort of
like okay, we don’t keep house, we leave it to the State or the Feds to deal with.
And I just think at least here—would be doing something that would be our
legislative kuleana and a way to address it. It is—there have been questions,
“Okay Margaret, you’re taking away power.” Well okay, yes, it is taking away
power from the Mayor and shifting it over and I acknowledge that, but I think in
this circumstance it is appropriate, and that we’re just looking for what is the best
checks and balances.
So I know one can bring up many—okay, a problem with this and a problem with
that, but I’m trying to look for solutions to problems and make them real, and
have the public support us. And that’s what I’m trying to do, so I’ll defer if
there’s questions or comments, or any concerns.
CHR. KANUHA: Thank you, Ms. Wille. Mr. Chung.
MR. CHUNG: Thank you, Mr. Chairman. Did I hear Ms. Wille right? She said
80 percent of the public distrust government. 80 percent?
MS. WILLE: 85 was in the poll.
MR. CHUNG: Oh, 85 percent. Okay. I mean there’s nothing to indicate that we
are any worse in Hawaiʻi County because of our lack of moving on an ethics
reformed bill. That’s pretty high, 85 percent. But anyway, with that being said,
you know, I wanted to make some comments. You know, I made a lot of
comments during our committee, none of which were contained in the committee
reports, so I’m going to rehash it again. Ms. Wille talks about getting an
independent board, and I think we all recognize the importance of getting an
independent board. But realizing further that getting a truly independent board
will be almost impossible, okay?
We are dealing with a flawed system, inherently flawed system, no matter what
we do. So within that context, let’s look at what’s being proposed. We have a
convoluted way of getting nine members now onto a board, and ostensibly for the
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Hawaiʻi County Council-29 December 14, 2015
purpose of achieving a quorum. Even Ms. King brought that up, she mentioned
Maui County, you know being a model. You know, they have nine people and
they haven’t had a problem for lacking a quorum. This is one of the few times
I’ve heard us having to look at Maui County as being a model for good
government, no offense to them. 20 years ago, I was told we have to learn from
the lessons of Maui County and what happened to Maui County and don’t let that
happen here.
I still stand by what I said earlier about this being a quasi-judicial body. See,
Ms. King is focusing on the quorum aspects, I’m focusing on the function aspects.
I’d rather have less people—please you don’t have to shake your head, I’m stating
my opinion. I said five people are better than nine because it’s less. It’s easier to
handle when you make a judicial type decision, as opposed to a legislative
decision where you want a lot of ideas coming in.
But again having said that—Ms. Wille, I saw her quotes in the paper this morning
about our present situation with the P-card, and it basically echoed what I said
earlier. We don’t have a broken system, we just have a situation where the
Mayor, for whatever reason, is not submitting names for our consideration and
vetting. And she suggested, well why don’t you let the Managing Director submit
some names?
At the last go around, I asked Ms. Stebbins, our Corporation Counsel, to please
pass on the message to the Mayor to submit some. I mean—and maybe he’s
reluctant to do it and I understand, but at least now we can give him cover. We’re
asking him to submit something and we’ll do the proper vetting, and once we get
five members on the board, we’ll be okay. I don’t see any improvement over our
system presently by what’s being suggested by Ms. Wille, it just becomes more
confusing, quite frankly. So I shall continue voting no on this, thank you.
CHR. KANUHA: Thank you, Mr. Chung. Council Members, on the first round
discussion. Ms. Wille. Oh, sorry, I’m going to have Ms. Eoff and then you.
MS. EOFF: Thank you, Mr. Chair. Well I agree with some of what Ms. Wille is
trying to do here, and I agree with some of the statements that Mr. Chung is
making. However, even if we had a full five member appointed Board of Ethics,
it still only requires three people for quorum. And with these boards and
commissions, even when they’re fully filled, the vacancies—they’re volunteers
and they can’t always be present and we don’t expect that. So I’m not even
looking at the present situation, anything to do with any of the things Ms. Wille is
talking about. I think that takes away from the point that I believe that three
people isn’t really a diverse enough group to make decisions with regards to the
kinds of cases that come before the Board of Ethics.
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Hawaiʻi County Council-29 December 14, 2015
I think with a nine member board, you would automatically need five at any
meeting. And with five people, and if they were appointed from different districts
of our County, you would have a diverse discussion and you would have more
depth to the discussion. So that’s why I support the idea of having a nine member
board, with one member being required to reside in each of the Council Districts.
I disagree with changing the appointment process, and I had my amendment
presented last time, but I think it was kind of a bad timing because as I look in
hindsight, it may have been better. We have a chance for three readings on a
Charter amendment, so we have time to work on this.
I listen back to the tapes and at the first two meetings, which we postponed the
bill, almost all of us agreed that we’d like to do something, but we didn’t agree
with Ms. Wille’s approach. So I’m thinking that since we have a chance for two
more readings or three including this one, we should work on this. And my
amendment, maybe the way I approached it wasn’t the right timing, you know,
Mr. Onishi was absent. I don’t know what he would of thought about it, but
basically what I still believe is that we could give the voters an option to look at
increasing the membership on our Board of Ethics from five to nine. And that we
could have one member reside in each Council District be a requirement. That’s
simple, that’s all I think we need to do right now. I think the rest of it is
obviously not getting support here, so it won’t even pass this Council unless we
change something, if we do want to see a change.
So I’m saying Ms. Wille, I don’t know what your thoughts are. I know you were
very much opposed to my idea last time, but if there’s any chance you want
something to pass, maybe we need to—doesn’t have to be what I proposed, there
may be some other way to amend this.
I did look at Oʻahu and Kauaʻi, if Maui may or may not be a good example. But
Maui does have nine members, they’re appointed for five years and they are
appointed by the mayor. Kauaʻi and Oʻahu both have seven members, and they
are appointed by the mayor. So all the other counties have a larger number of
members than we do, and I just think whoever appoints—at this point and time, I
think Ms. Stebbins did say that we will see a couple more names come forward
before long here. So we will fill out the board, which is great, but that still only
leaves three for quorum, which I think is not enough. So I guess that’s restating
my same arguments I made last time, but I didn’t make them with any disrespect
to Ms. Wille. I made them as an opportunity for us to look at something, if we
wanted to consider a Charter amendment. So I guess that’s all for now, thanks.
CHR. KANUHA: Thank you, Ms. Eoff. On the first round still, Ms. Poindexter.
MS. POINDEXTER: Yes. I agree with a lot what Council Member Eoff stated
because I too disagree with the appointment process in this. I do agree that we
would need more, or I think we would need more. So I would definitely support a
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Hawaiʻi County Council-29 December 14, 2015
postponement so that it could be worked on instead of voting this down because if
it is the way it is, I cannot vote for it. But I would definitely support a
postponement, if Council Member Wille is willing to work on this. Thank you.
CHR. KANUHA: Ms. David.
MS. DAVID: Yes, thank you, Chair. I also too agree that what I can support
is—I can’t support Ms. Wille’s bill in it’s entirety, but I do believe if we take the
question of the number of members to address the quorum, that might be a
situation where it might work. And I too don’t want to vote this measure down
because I agree, we need to do something. So—and I also strongly believe in a
separation of powers argument that Corporation Counsel gave us, I really do.
And that maintains order, it maintains everyone’s jurisdictional responsibility.
And I don’t see—Ms. Wille, no disrespect, but your bill does not keep that
balance in my mind. So I really like to see this also worked on a bit more and
maintain the separation of powers. So I would appreciate your consideration of
the postponement on this also. Mahalo.
CHR. KANUHA: Mr. Onishi.
MR. ONISHI: Yeah, thank you, Mr. Chair. Listening to the discussion, I guess
the first time it came out, I mentioned about I couldn’t agree where Council
Members would be submitting names to the mayor, for the mayor to make a
choice. We need to have some other way of having these individuals apply, or
maybe there could be an open recruitment or something like that where people
could apply from all over the island. Then from there, there’s a process where
administration would I guess get to a certain number.
And I’m thinking instead of nine members or five members, maybe seven
members would be the best number that we could be looking at. And then from
there, those names would be submitted to the Council for approval. So maybe
something like that could be worked out. So I’m willing to support a
postponement too, so thank you.
CHR. KANUHA: Thank you, Mr. Onishi. Council Members, on first round.
Mr. Paleka.
MR. PALEKA: I’m going to chime in by saying based on the report, it doesn’t
seem that we have the backing to get this passed. But specifically to the number
of individuals on the Ethics Board, I’m really not opposed to any suggestions,
seven, nine, that’s okay. The separation of powers issue, I think is where I really
have a problem. I think it’s just me, I think it’s reactionary. If it were the
instance where one of the Council Members were under scrutiny, then it would
be, and we’re choosing the individuals. The Ethics Commission has been
functioning for a long time and pretty well. Now it’s just to get those vacancies—
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Hawaiʻi County Council-29 December 14, 2015
to have it convene, and operate properly. So I am going to remain open, I like the
suggestions, but I think perhaps postponing it would be a good idea. Thank you.
CHR. KANUHA: Thank you, Mr. Paleka. Ms. Wille, starting off the second
round.
MS. WILLE: Okay. Yeah, I appreciate the issues on separation of powers. I
think there’s that doctrine and what that is competing with is checks and balances,
and those two are in play here. And also just from my experience, not just this
current year, this past year, but watching the Ethics Commission in past years, I
also felt there was a problem. So I don’t feel—I was involved in some of the
things that Cheryl King—and I felt the way it was handled was very really wrong
and that it went against what was stated in the Code, and it went against what
Molly Stebbins now says the Code says. So I want to say, I think that there have
been problems going on.
My concern about where we’re just changing the number is, it’s still where you’re
putting the one person that has no other accountability, like no accountability to
any supervisor, is choosing them whether they choose three, five, seven or nine.
At the same time, I am open to working on this and not necessarily getting my
way, the best way, but I do think if we were to increase it to at least seven, I
would prefer actually even the nine because we have nine districts. And that’s
why I—you know, if it was just abstract numbers, I would go seven. But I think
the thing with nine is then in each district there’s someone. And there’s someone
accountable to the constituents in that district. So I would promote that. I also
think having the proposal that they meet both on the east side and the west side
would give people more faith. How do we get people to believe in what we do
and what we say?
And thirdly, I think perhaps one way that—it is a compromise, but I think picking
up on something that Ms. David said in the past, is that what if it were that the
mayor had a choice? But if it goes for three months and no one has been chosen,
then that Council Member has the option of bringing a nomination to the Council.
You know, it still doesn’t get out of—the same person has the opportunity, but I
look at—you know, right now, we’re talking about the Board of Ethics, but here
the poor CPD committees and they’re even being told you can’t meet every other
month. You know, I’m just trying to strengthen—how do we strengthen these
boards? So if the others have a comment, I would be willing to postpone this.
and sort of come out with something that perhaps we could all support.
MS. POINDEXTER: Second.
MS. WILLE: So I’ll make the motion, but if somebody—
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Hawaiʻi County Council-29 December 14, 2015
CHR. KANUHA: I think we can—others might want to have more discussion.
Thanks, Ms. Wille. Mr. Chung.
MR. CHUNG: Thank you, Mr. Chairman. You know, I disagree with almost
everything that Ms. Wille said. You know, because I think having nine members
so that each of them would be accountable to their constituents, or the people
within that district, really creates a real provincial type of set up. It’s something
that you should be very, very objective about. All you do is listen to testimony
and come up with a real good decision based on your good judgement and your
own sense of ethics. But having said that, you know, I’ll certainly cede to the
wishes of the body as a whole.
I just wanted to make one comment. I do agree with Ms. Wille on one point and
that’s the issue of separation of powers. I think a lot of you guys have been
talking about separation of powers, and that’s why you guys are kind of reluctant
to maybe move on this. Everything that Ms. Wille said is correct. We create the
system by which boards and commissions are selected. There’s no inherit right
on the part of the executive to do a certain thing and then us doing another thing.
I don’t know where that came from. I know Molly was making some argument
about separation of powers, but I mean to me that’s real silly, it really is. I agree
with Margaret on the inapplicability of separation of powers in this whole
discussion. Thank you.
CHR. KANUHA: Thank you, Mr. Chung. Council Members, any other
discussion, round two? Mr. Onishi.
MR. ONISHI: This is about the postponement?
CHR. KANUHA: No we’re still on the main motion.
MR. ONISHI: Oh, okay. Well maybe what Ms. Wille can look at is how the
State Ethics Board is organized and maybe somehow implement what they do,
because the State does have like a Chairman or something. And that’s
Mr. Kondo, and he’s what I understand is appointed by the commission. And so
maybe something in that format might be much more transparent or fairer. Thank
you.
CHR. KANUHA: Thank you, Mr. Onishi. Anybody else before I let Ms. Wille
finish it off? Ms. Wille.
MS. WILLE: So I’m going to move for this to be postponed and will take into
consideration the comments of the other Council Members, including my fellow
Mr. Chung here.
CHR. KANUHA: Did you want to postpone to a certain date or?—
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Hawaiʻi County Council-29 December 14, 2015
MS. WILLE: Second Council meeting in January.
Vote on Motion to Ms. Wille moved to postpone Bill 101, Draft 2, to
Postpone: January 22, 2016. Seconded by Ms. Poindexter and
(Approved) carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 8.
Noes: None.
Absent: Council Member Ilagan – 1.
Excused: None.
CHR. KANUHA: Motion passes. Mr. Clerk, next item.
ORDER OF The Chair directed the Council to proceed to the next order of business, Order of
THE DAY the Day (Second or Final Reading).
(SECOND OR
FINAL READING):
Bill 115: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, OF THE HAWAI‘I
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
PARKING
Amends Section 24-280 (No parking any time), by revising and repealing existing
provisions and adding new provisions for portions of Ali‘i Drive, Subsection (f),
Kona.
Reference: Comm. 547
Intr. by: Ms. Poindexter
First Reading: December 2, 2015
Vote on Bill 115: Ms. Poindexter moved to pass Bill 115 on second and final
(Adopted) reading. Seconded by Mr. Paleka and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 8.
Noes: None.
Absent: Council Member Ilagan – 1.
Excused: None.
CHR. KANUHA: Motion passes. Bill 117.
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Hawaiʻi County Council-29 December 14, 2015
Bill 117: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2016
Appropriates revenues in the Federal – HOME Program account ($452,684); and
appropriates the same to the Mohouli Heights Senior Neighborhood 2, Hawai‘i
Island Community Development Corporation account. Funds would be used by
the Office of Housing and Community Development’s HOME Investment
Partnerships program to construct the Mohouli Heights Senior Neighborhood
Project, Phase II.
Reference: Comm. 572
Intr. by: Ms. Eoff
First Reading: December 2, 2015
Vote on Bill 117: Ms. Eoff moved to pass Bill 117 on second and final reading.
(Adopted) Seconded by Ms. David and carried by the following
voice vote:
Ayes: Council Members Chung, David, Eoff,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 8.
Noes: None.
Absent: Council Member Ilagan – 1.
Excused: None.
CHR. KANUHA: Motion passes, Bill 118.
Bill 118: AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION REFUNDING
BONDS OF THE COUNTY OF HAWAI‘I FOR THE PURPOSE OF
REFUNDING CERTAIN OUTSTANDING GENERAL OBLIGATION
BONDS AND NOTES; FIXING THE FORM, DENOMINATIONS, AND
CERTAIN OTHER DETAILS OF SUCH REFUNDING BONDS AND
PROVIDING FOR THEIR SALE TO THE PUBLIC; PROVIDING FOR THE
RETIREMENT OF THE BONDS TO BE REFUNDED; AND AUTHORIZING
THE TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND
SALE OF THE REFUNDING BONDS AND THE RETIREMENT OF THE
BONDS TO BE REFUNDED
Authorizes the issuance of general obligation refunding bonds, not to exceed
$270,230,000, for the purpose of refinancing outstanding County debt in the
form of bonds that were issued at higher interest rates. The bonds and
obligations that would be refinanced are listed in the bill.
Reference: Comm. 573
Intr. by: Ms. Eoff
First Reading: December 2, 2015
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Hawaiʻi County Council-29 December 14, 2015
Motion to Approve: Ms. Eoff moved to pass Bill 118 on second and final reading.
Seconded by Ms. David.
CHR. KANUHA: Any discussion? Ms. Eoff.
MS. EOFF: I think everybody remembers this is just to refinance our bond debt
at a lower interest rate. I have a question though, for the Clerk. Is this the final
reading?
MR. HENRICKS: Yes, this is the second and final reading for this.
MS. EOFF: Oh, okay.
CHR. KANUHA: Thank you, Ms. Eoff. Mr. Paleka and then Mr. Onishi.
MR. PALEKA: I am going to fully support this measure and I’ll state why. I
think it’s necessary for us to refinance right now, it’s an opportune time. The Fed
has already mentioned and hinted that they are going to raise interest rates, so to
have this done now I think is appropriate, before interest rates do rise and we lose
this window of opportunity. Thank you.
CHR. KANUHA: Thank you, Mr. Paleka. Mr. Onishi.
MR. ONISHI: No, I have no comments. Thank you.
CHR. KANUHA: Okay, thank you, Mr. Onishi. Ms. Wille.
MS. WILLE: Yeah, I am going to support this. I do want to say, sort of on the
general issue of our County finances and how we’re handling them, I could really
use more education and more sort of how everything fits together. And I say this
partly as we move towards the budget season. I mean it’s really in October,
November that the administration gets its proposals, we may not see them until
later in the year. And I do have concerns really in the terms of the Legislative
Research Branch. We used to have Rodney, he was very knowledgeable. Donna
has some knowledge, but I just think—I don’t know whether we’re working
towards having more staff there, but I also think it would be good perhaps,
sometime having a presentation, sort of an overview.
I mean we came in last month, there was a report that our fund balance—in other
words, we were trying to keep $25 million in the bank and we had $34 million in
the bank. Now we had all of these bonds, we’re working on bonds, the
$99 million bond issue. A lot of those are coming in higher, such as the Waimea
Park. The bids came in $4 million higher than what we expected, and it seems
like now we’re going ahead with one quarter of the project.
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Hawaiʻi County Council-29 December 14, 2015
So I’m just trying to say this is like one piece. And I think for me I’m expressing
to you, I feel as I move towards this budget season, I would really appreciate
more help and how all of these things fit together so that we’re really looking at
this budget with the most diligent and informed manner. So I appreciate
indulging—expanding the subject a little. But I think this is just how we handle
bonds, and how we make those decisions is part of it.
CHR. KANUHA: Thank you, Ms. Wille. Ms. Eoff.
MS. EOFF: Ms. Wille, I’ll follow up on that and talk to the Finance Department.
Maybe we could have Budget 101 pre-class early in the year before we see the
budget. We could do that in our committee meeting.
CHR. KANUHA: Thank you, Ms. Eoff. Any other discussion Council
Members? Mr. Onishi.
MR. ONISHI: Mr. Chair? Yeah, I just had a question for Ms. Eoff. What is a
savings that we’re going to be getting?
MS EOFF: I believe that we were told it would be over $12 million.
MR. ONISHI: $12 million? Okay. You know, because Ms. Wille mentioned
that our fund balance, what we had maybe about a month ago or so, that we have
a surplus. So now we have a surplus from the fund balance, plus we’re going to
have a surplus from the refinancing of our bonds. So you know, it would be great
to see that the extra funds that we are getting would be put on the side for future
use. Thank you.
CHR. KANUHA: Thank you, Mr. Onishi. Any other discussion, Council
Members? And just to—a point that Ms. Wille made earlier, our accountant,
Trixy, is actually going to start working more in the LRB (Legislative Research
Branch) position because she does know our budget very well, and she will be
working more with that aspect for this upcoming budget. So just as a small little
thing of what you mentioned. Ms. Wille.
MS. WILLE: Yeah, I guess I’m not sure that I find that very satisfying. I mean
I’m really looking at big picture issues. I feel she’s really good in terms of like
the details and how the numbers work and that. I’m looking at, for example, a lot
of our budgets come out, “Okay, keep what you have, but reduce it 10 percent.”
You know, that’s sort of like the default position that one doesn’t budget. How
do we work on say these bonds issues? I mean that’s like following up with what
Fresh said. Perhaps we ought to really have someone from the Finance
Department come in and take a look at that $99 million and see what’s happening
with all of that.
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Hawaiʻi County Council-29 December 14, 2015
We’ve had a couple where they come in, but I’m just giving Waimea Park as an
example because we’re not putting an extra $4 million in. We’re going to
probably end up paying $11 million in a few years. You know, how those kind
of—the bigger picture issues. So I also know that we got a notice from LRB that
they’re not going to be doing a 10-year Code and that Leslie and Susan are going
to be working on that a lot of times. And so I guess I feel who’s going to take
Trixy’s position? I don’t really feel that moving her over is the answer. I think
that we need someone that’s also looking at State Legislation, the TAT and what’s
happening there and how we handle things. And so just following up on your
comment, I don’t think that answers my question.
CHR. KANUHA: Thank you. Mr. Paleka.
MR. PALEKA: You know, I got to say the Finance Department has been very
responsive in responding to any of the questions that I have regarding specifically
this issue, and the reasons why they’re moving ahead and want this done rather
quickly. So I mean Deanna and Lisa has been very responsive—and meet—never
requested so—and I think they have the best answers. So I’ll just suggest meeting
with them because they’ll really take the time out to explain why, and if you have
more questions that come up as their explaining—thank you.
CHR. KANUHA: Thank you. Mr. Onishi.
MR. ONISHI: Yeah, how did you know I wanted to say something else?
CHR. KANUHA: I can feel it from Kona.
MR. ONISHI: Well, I just wanted to add to what Mr. Paleka was mentioning is
that, you know, I always tell Council Members that if you have a question or you
don’t understand it, go to the department. Go and talk to them. They’re willing
to help you out because that’s what I did for my seven years that I’m on the
Council. Anytime I have a question I just go directly to them to ask them to
explain. So Ms. Wille, maybe that’s what you should do. Go to them and then
we don’t have to do that one-on-one financing in the committee because that I
think would be a waste of time. Thank you.
CHR. KANUHA: Thank you, Mr. Onishi. Any other discussion, Council
Members? Mr. Chung.
MR. CHUNG: It’s interesting how this discussion morphed into one relating to
the budget. But since it’s there now, I’m going to make some comments. You
know, I was driving around the other day thinking how can we improve the
budget process? And you know, I’m kind of listening to what Margaret is saying,
and you know, I think those are real good ideas. I don’t know about the
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Hawaiʻi County Council-29 December 14, 2015
Budget 101 idea, but the other things, looking at things broadly. And you know, I
don’t know what it is, this is actually only my first half term back. But you know,
we get the budget from the administration—what I really would like to see is what
each of the departments’ ultimate wish list is after it’s paired down by the
administration and before they submit it to us. Then that way, we can really look
at things on a broader perspective. And maybe we might see fit to change things
around, or even, heaven forbid, if something is really important, we’ve got to
raise taxes. Because that is our biggest policy making instrument or tool, it is the
ability to adjust rates. And if something is needed, you know, we might have to
do it. But we’ll never know until we see what’s out there because I would hate to,
you know, look back maybe 10 years—well let’s say we’re 10 years hence and
then we discover that there was something that one of the departments had
proposed or wanted. And because nobody acted on it or never even saw the light
of day in any of the budget proposals, that it had a negative impact on our County.
It’s possible, right?
So I want to see everything, just throw all the cards on the table. Of course they
should submit something to us, but if they submit their ultimate wish list, then
during the course of the departmental reviews, we can ask them about these
things. Right now we’re just kind of winging it, right? So I think that would
actually add more of a method to the madness. Yeah, and give us a little bit
greater hand at our policy making functions. Thank you.
CHR. KANUHA: Thank you, Mr. Chung. Ms. Wille, one last comment.
MS. WILLE: Okay, I agree with Mr. Chung as usual. And I’d like to say that it
really is in dealing with the budget, and sort of taking on the actual budget and
how to do that. I have been meeting with the Finance Department, I think they’re
superb, but one of my issues there is also in terms of their request for more staff.
I’ve been working on ways that we can save taxes by closing some loopholes so
those who should be eligible, that we’re not all paying the difference. For
example, we did the residential one where if you’re going to get the residential
discount, you actually need to be a resident here.
And now I’m going to be doing the one on the ag use, but they haven’t had the
staff to be able to handle. I’ve been delaying that for months because we can’t
close that loophole that will save us a lot of money, because we don’t have
enough staff. So it’s really on those bigger issues and looking at each department
and what their needs are and how we address it, as well as all of the TAT. So I
really commend the Finance Department, and it might be actually adding
significantly a number of more staff there—or say the vacation rentals, that’s
what I want to do and I’ve been holding up because of how much they can take
on.
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Hawaiʻi County Council-29 December 14, 2015
And yet we could save all of this money. So I think that there are bigger issues, I
don’t think that Trixy, who’s really good with numbers, is on that level of dealing
with that kind of things that I’m talking about. So I think that whatever the
department is, I want to really be able to understand the budget, how we’re doing
it, and in a way that we are, as Mr. Chung says, making what I feel really
informed decisions—moving forward. We’re at a critical time and how do we
handle all of these bonds? And using the Waimea District Park as an example
where something that has gone really wrong, and how it’s been handled.
CHR. KANUHA: Thank you. Mr. Chung.
MR. CHUNG: Mr. Chairman, I was just wondering, do we have a budget
specialist?
CHR. KANUHA: Rodney was the budget specialist, but that position is currently
open. Mr. Clerk.
MR. HENRICKS: If you could define what a budget specialist is, it might help,
but I don’t think we ever had a budget specialist per se.
MR. CHUNG: Oh, I see. Okay, but the closest thing to that would have been a
guy like Rodney in the past?
MR. HENRICKS: We have staff members that are perhaps more dedicated to
fiduciary concerns, but you know, their roles are limited to essentially what the
Council interests are and what the Council’s abilities are as far as working with
the budget. You know, I’m listening to what you guys are saying. I’m trying to
think of how we can be helpful, but it’s a little unclear right now exactly what
kind of professional assistance you’re looking for.
MR. CHUNG: Yeah, you know, I agree with Ms. Wille as usual, regarding some
of our staff members not being fully equipped to handle the task that she’s
suggesting. And then what I would maybe throw out there is to you,
Mr. Chairman. Perhaps contracting out during the budget process, a person like
maybe Nancy Crawford, Bill Takaba, people who have been in the administration
who know the budget really well and who can kind of advise and guide us
through various issues and the perils of the budget. Just for that short term. It
doesn’t have to be the two guys that I’ve mentioned, but some person who has
that kind of administrative and budgetary chops that could help us. Thank you.
CHR. KANUHA: Thank you.
MR. HENRICKS: Mr. Chair, if I could just say, we do have somebody who is
dedicated to the budget process during the budget season when it comes to
analyzing the budget, providing the information, increases, decreases, specific
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Hawaiʻi County Council-29 December 14, 2015
line items. And then also assisting you in the process of determining where you
may want to make changes, additions, and deletions, so that it all balances out.
They have somebody who was trained by Mr. Oshiro, absolutely no problem, can
do pretty much whatever you guys want to do. Minus perhaps coming up with
actual specific suggestions, which of course more naturally should come from you
folks anyway. But we do have somebody who’s in place, is ready to do that, and
is fully trained to do so.
CHR. KANUHA: Thank you, and I know we’re kind of off topic, but even
though it’s still part of the process plan, I was giving a little leeway because it is
important to hear about how we can improve upon what we’re doing now. So
again I appreciate all your comments, and definitely work with the staff on the
comments that you guys made and the ways to improve. So I appreciate that. If
we can move on though, I’d also appreciate it. Any other discussion? Okay, all
in favor of approving Bill 118 say “aye.”
Vote on Bill 118: The motion to pass Bill 118 on second and final reading was
(Adopted) carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 8.
Noes: None.
Absent: Council Member Ilagan – 1.
Excused: None.
CHR. KANUHA: Motion passes.
MS. EOFF: Mr. Chair?
CHR. KANUHA: Ms. Eoff.
MS. EOFF: I’d like to make a motion to waive Rule 15 the hold-over for
Bill 118.
Vote on Motion to Ms. Eoff moved to Suspend Council Rule 15 to waive the
Suspend Council 5-day hold for reconsideration of Bill 118. Seconded by Ms. Poindexter
Rules: and carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, David, Eoff,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 8.
Noes: None.
Absent: Council Member Ilagan – 1.
Excused: None.
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Hawai`i County Council-29 December 14,2015
CHR. KANUHA: Motion passes.
REPORTS: The Chair directed the Council to proceed to the next order of business, Reports.
(There were none.)
REFERRALS The Chair directed the Council to proceed to the next order of business,
FOR EXECUTIVE Referrals for Executive Session.
SESSION:
(There were none.)
OTHER The Chair directed the Council to proceed to the next order of business, Other
BUSINESS: Business.
(There was none.)
ANNOUNCE- The Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
(There were none.)
ADJOURN- There being no other business, at 10:37 a.m., Mr. Paleka moved to adjourn
MENT: the meeting. Seconded by Ms. David and carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—8.
Noes: None.
Absent: Council Member Ilagan— 1.
Excused: None.
CHR. KANUHA: We are adjourned. Thank you guys, Merry Christmas.
Council Approval: MAR 2 2 0"7
06/4
COUNTY CLERK
SM/rk/jm
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