HomeMy WebLinkAboutMIN COUNCIL 2017-01-25 2016-2018
HAWAI‘I COUNTY COUNCIL
th
4 Session
West Hawai‘i Civic Center
74-5044 Ane Keohokālole Highway, Building A
Kailua-Kona, Hawai‘i
January 25, 2017
INVOCATION: Pastor Makana Delovio of New Hope Legacy gave the morning’s invocation.
CALL TO The regular meeting of the Hawai‘i County Council was called to order at
ORDER: 9:05 a.m., in the Council Chambers, Kailua-Kona, by Ms. Karen Eoff,
Acting Chair.
ROLL CALL:
Present: Ms. Valerie Poindexter, Chair
Ms. Karen Eoff, Vice Chair
Mr. Aaron Chung, Member (via video conferencing in Hilo)
Mr. Dru Mamo Kanuha, Member
Ms. Susan L. K. Lee Loy, Member (via video conferencing in Hilo)
Ms. Maile Medeiros David, Member
Ms. Eileen O’Hara, Member
Ms. Jennifer Ruggles, Member
Mr. Herbert “Tim” Richards, III, Member
PLEDGE OF The Chair directed the Council to the next order of business, Pledge of
ALLEGIANCE: Allegiance.
(At this time, Mr. Richards led the Council in the Pledge of
Allegiance.)
PETITIONS, The Chair directed the Council to the next order of business, Petitions,
MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence.
CERTIFICATES
OF MERIT, AND
EXPRESSIONS
OF CONDOLENCE: (There were none.)
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:
Hawaiʻi County Council-4 January 25, 2017
Robert Kim: GREDC-1 (Comm. 19), in support.
Captain Chris Stelfox: Res. 49-17 (Comm. 67), in support.
(representing Hawai‘i Fire Department)
Troy Keolanui: GREDC-1 (Comm. 19), in support.
(representing AYSO Hilo)
Hannah Preston-Pita: Res. 37-17 (Comm. 48);
(representing Big Island Substance Res. 38-17 (Comm. 49);
Abuse Council) Res. 39-17 (Comm. 50), comment.
Elena Cabatu: Res. 45-17 (Comm. 58), in support.
(Hilo Medical Center)
Paola Pagan & Champ Tremaine: Res. 49-17 (Comm. 67), in support.
(representing Kukio Community Association)
Marie Aguilar: Res. 40-17 (Comm. 51), in support.
(representing Hale Mua for
King Kamehameha Day Celebration)
Jason Nixon: Res. 49-17 (Comm. 67), in support.
(representing Hawaiian Lifeguard
Association and Hawai‘i Fire Department)
Laura Mallery-Sayre: Res. 43-17 (Comm. 56);
(representing the Daniel Sayre Res. 45-17 (Comm. 58);
Memorial Foundation) Res. 48-17 (Comm. 66); and
Res. 49-17 (Comm. 67), in support.
Frank Sayre: Res. 43-17 (Comm. 56);
(representing the Daniel Sayre Res. 45-17 (Comm. 58);
Memorial Foundation) Res. 48-17 (Comm. 66); and
Res. 49-17 (Comm. 67), in support.
Frank DeMarco: GREDC-1 (Comm. 19), in support.
Robin Fasciano: Res. 49-17 (Comm. 67), in support.
Michael Varney: Res. 49-17 (Comm. 67), in support.
Michael Field: Res. 49-17 (Comm. 67), in support.
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Hawaiʻi County Council-4 January 25, 2017
APPROVAL OF The Chair directed the Council to proceed to the next order of business,
MINUTES: Approval of Minutes.
(There were none.)
COMMUNI-The Chair directed the Council to proceed to the next order of business,
CATIONS: Communications.
(There were none.)
ACTING CHR. EOFF: Thank you very much, to all the testifiers this morning.
Is there anybody else wishing to testify? Okay, we’ll close public testimony at
this time. Council Members, are there any objections to taking Communication 19,
the appointment of Joseph Kamelamela, out of order this morning? Okay, I would
like to take that first, then. Mr. Clerk, can you please read Communication 19.
Change Order of As directed by the Chair and with no objection from the Council Members, the
Business: following items were taken out of order:
GREDC-1 APPOINTMENT OF JOSEPH K. KAMELAMELA AS CORPORATION
(Comm. 19): COUNSEL
Motion to Approve: Mr. Kanuha made a motion to confirm Governmental
Relations and Economic Development Committee
Report No. 1. Seconded by Ms. David.
(Note: At this time, Managing Director William Okabe came forward to
address the Council.)
MR. OKABE: Good morning, Madam Chair Poindexter, Vice Chair Eoff, and
members of the Council. Will Okabe, Managing Director for the County of
Hawai‘i. I speak on behalf of Harry Kim and myself. In this administration, I
believe, there are four characteristics that we really look for to serve the County.
Number 1 is about integrity, number 2 is humility, number three is honesty, and
compassion for people is number 4. Those are the four criteria that we look for in
having people in this administration serve the County.
Jo Kamelamela meets all of these characteristics. Number 1, he has a passion for
the job. He is coming out of retirement. So, to have the passion and also to have
the compassion for people is very important in this administration. We ask the
Council to consider Jo Kamelamela for this position, as Corporation Counsel.
This past two months, he has volunteered his time at our office and I have gotten
a very good chance to know him on a personal level. His reputation speaks for
himself. He has the opportunity to have the supervisory skills necessary for this
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Hawaiʻi County Council-4 January 25, 2017
department and also that his work habits is impeccable. I think one of the things
is that he is a community leader. He coaches soccer and to be a community
leader, it’s very important to represent the County in this regard. Thank you.
ACTING CHR. EOFF: Thank you. Go ahead, Mr. Kamelamela.
(Note: At this time, Appointee Joseph Kamelamela came forward to
address the Council.)
MR. KAMELAMELA: Good morning, Chair and members of the County
Council. It would be an honor and privilege to serve the County of Hawai‘i
again. I am looking forward to working again, if you choose me as your
Corporation Counsel. Mahalo.
ACTING CHR. EOFF: Okay, thank you. Council Members, any discussion?
Ms. Poindexter.
MS. POINDEXTER: Since our last discussion at the Committee level, I had the
opportunity to sit down with Jo in my office and talk about a lot of things that I
thought I could bring up on a one to one with him on some of my concerns, and
some of the concerns that I had brought up at the last discussion. And I can tell
you, Jo that I feel very comfortable with that one to one that we had, knowing
that I feel comfortable should we need representation, you would take us very
seriously and represent us to the best of your ability. I hear testifiers this
morning about your integrity. Then Will Okabe saying about the four things
that are important in this position and I agree with him on your integrity, your
honesty. From the previous testimony from that last meeting, also, a lot of
people wrote about your big heart, talked about your big heart. And I can tell
you that I felt your heart when we spoke on a one to one. I feel very
comfortable about that. One more thing is we got a testimony from
Lincoln Ashida and I have the utmost respect for this man. He is our previous
Corporation Counsel, so, it says a lot to me when Lincoln steps up to the plate
as well. So I just want to let you know that I am very thankful and appreciative
that you made that time to come and speak with me and I will definitely be
supporting you today. Thank you.
MR. KAMELAMELA: Thank you.
ACTING CHR. EOFF: Thank you. Mr. Richards.
MR. RICHARDS: Thank you and good morning, Mr. Kamelamela. I
appreciate getting together with you after our last conference. During our
conversation, without question, I have to say that your credentials speak for
themselves, as far as an attorney and as far as your integrity, I think, that is
unquestionable. Also, as far as your community interaction; it’s commendable.
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Hawaiʻi County Council-4 January 25, 2017
My concern, previously, was the ability to manage attorneys. I try to pretend to
say I can do that, but I do come from a professional background where I have
been a veterinarian and also a managing partner. My concern is that because the
skill sets needed to do that is very different from practicing that medicine, so I
pull on that. After our conversation, I came away without question, agreeing
with all things that have been said, but concern rides with the ability to manage
Corporate Counsel. Again, unique to your position or the position of
Corporation Counsel, where all the other directors represent and work with the
Mayor, specifically in Corporation Counsel. You also represent us, the County
Council. So, that is where my concerns come from. I still have those concerns
and for those reasons, I won’t be supporting your confirmation.
MR. KAMELAMELA: Thank you.
ACTING CHR. EOFF: Thank you. Ms. David.
MS. DAVID: Thank you, Vice Chair Eoff. Aloha and good morning,
Mr. Kamelamela and Mr. Okabe. I just would like to express that there have
been a lot of your professional peers that have presented testimony. A lot of
them I have known for the length of time I have been with the County and in
private practice, and I have great respect for these professional attorneys. So
their word—I’m not here to judge your abilities, as say, Mr. Richards as a
manager. I think that comes along with your duties as Corporation Counsel and
that’s why we have people or departments like Human Services to guide
ourselves. So, for me, based on my—and I have known you, I have seen you—I
don’t know you personally, but I haven’t had any reason to question your
qualifications. So, based on what was said previously in our Council meetings
and today from Mr. Kim. I have known him a long time; he doesn’t come out
much to speak, like he said. So, I would be happy to support your nomination
and look forward to working with you. Thank you.
ACTING CHR. EOFF: Okay, I would just like to check in Hilo. Mr. Chung or
Ms. Lee Loy, would you like to speak?
MS. LEE LOY: Aloha. Good morning. I’m going to be speaking in favor of
Mr. Kamelamela’s appointment, but I do want to leave on the table the bone
that we keep barking over is your duty or at Corporation Counsel is to represent
the interest of both the Administration and the Legislative body. There is going
to be times when that is tested and, you know, down on the homestead it’s very
clear; you cannot serve two masters. So, we’re going to take this opportunity to
just leave it there and when the time comes, to provide the best counsel in the
interest of the public. Thank you.
ACTING CHR. EOFF: Okay, thank you, Ms. Lee Loy. Mr. Chung.
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Hawaiʻi County Council-4 January 25, 2017
MR. CHUNG: Thank you. I have a question for Mr. Kamelamela. You know,
yesterday at the Committee level, we had a love fest, fitting you to our—I don’t
know if it’s still present Corporation Counsel Molly Stebbins, who really was a
fixture in all of our Council and Committee meetings. So I just wanted to ask
Jo, what his arrangements was going to be in terms of advising the Council who
is going to be here, is it going to be him at all times, basically, or others? Who
is going to be assigned to the Council and Committees?
MR. KAMELAMELA: I am intending to be in front of the Council at their
meetings and Committees, unless there’s some kind of emergency that comes
up. Otherwise, I will be here.
MR. CHUNG: Okay, so same arrangement, pretty much?
MR. KAMELAMELA: Same thing, yes. Then I do intend to have—if I cannot
be here, I do intend to have my Assistant Corporation Counsel be here.
MR. CHUNG: Who would that be?
MR. KAMELAMELA: I’m planning to have Renee Schoen to be the Assistant
Corporation Counsel.
MR. CHUNG: Alight, okay. You know, I voted for Jo the last time and I’m
going to be voting for him again but it’s not to say that I don’t have concerns.
I’m not real fond of the system of appointments that we presently have that’s
provided for in the Charter whereby, each of these appointments and not just the
Corporation Counsel or specifically for Jo Kamelamela, but for all of the
appointees, we just have a few. Our ability to vet is limited, okay.
We get to talk for a few minutes on the Council level and we get to meet people,
but we really don’t get to know them as well as we should. And what
complicates matters is we don’t have a probationary period, like we have for
every other employee of the County. So, we don’t have a period of time to
judge their effectiveness, moreover. And I’ve stated this on a number of
occasions, but really it’s not a troubling thing but one of the problematic issues
in this appointment system is that after we confirm, the only person who can
initiate a removal of any department head, would be the Mayor. We cannot on
our own, initiate a removal. That’s a systemic problem and it could be
corrected by a Charter amendment. But that is something that really causes me
heartburn because, I think, any reasonable person can see where loyalties will
somehow shift given that arrangement.
Mr. Richards and Ms. Lee Loy, actually, raised some legitimate concerns about
where Mr. Kamelamela’s loyalties will lie. He said that he’s going to be fair
and look after the best interest of the County and I need to take that at face value
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Hawaiʻi County Council-4 January 25, 2017
right now. The theme of my discussion the last time was, I think, I thought that
people should be given a chance and relate it, really, to the people that were at
the Corporation Counsel’s office. So now I’m going to stick with that theme,
and I’m going to give Jo a chance. Hopefully, everything works out.
Hopefully, my concerns really do not come to fruition, at any point during the
next two years.
I wish Jo all the best. He’s a person that I’ve known for a long time. So, I will
be supporting or voting for Jo, today. But, I did want to voice those concerns
both systemically with regard to what we have under the Charter, and,
specifically, as they relate to Mr. Kamelamela. Thank you.
ACTING CHR. EOFF: Thank you, Mr. Chung. Okay, here in Kona, any other
discussion? Ms. O’Hara.
MS. O’HARA: Thank you, Chair and thank you for coming before us,
Mr. Kamelamela. I’m a bit sorry that you didn’t consider arranging a meeting
with my office, to help address the many concerns that were raised at your
confirmation hearing before the Government Relations Committee, because
there were a considerable number of issues that were brought up.
I still have reservations regarding how you handled the actions at the
Corporation Counsel’s office, prior to the Mayor taking Oath of Office and prior
to your confirmations. I don’t feel they demonstrated best practices as an
administrator and we may have lost some considerable and valuable expertise in
that action. While, I think, I heard in the previous hearing Mr. Chung say that
these are desirable positions, working as deputies in the Corporation Counsel
office, we also need to recognize the salaries that we pay are not commensurate
with the private sector. So, it’s often very hard to get that kind of talent back in.
So, I felt that was a rushed action and I did not feel that it showed best practices,
in terms of administrative skills. You, obviously, have great legal expertise and
integrity, and everyone who has given us testimony in support of your character.
It’s clear that you are a community leader and a person that we would want in
this position.
I will be supporting your nomination with reservations because I found imp
articular, your response to a question that Mr. Chung asked at the end of the
prior hearing, regarding alternative structures or ways that the County might
consider to address the apparent conflict between which boss are you beholding
to; is it the administration or the Council. And I thought your response was a bit
inadequate, because there are other structures out there used by the other
counties and it’s something that this Council may want to consider. So, I’m just
letting you know, I will be supporting your nomination, with reservations.
Thank you.
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Hawaiʻi County Council-4 January 25, 2017
MR. KAMELAMELA: Thank you.
ACTING CHR. EOFF: Okay, Mr. Kanuha.
MR. KANUHA: Thank you, Madam Chair. Good morning,
Mr. Kamelamela, Mr. Okabe, and everybody else who testified. Mahalo for
being here. I’m not going to go into all the details of what we went through in
the Committee. I think you’ve heard loud and clear, some of the concerns and
some of the issues we have systemically, I guess, as this department goes. But,
I will be also supporting your nomination, as I did in Committee. I felt that
having the conversation in Committee was the best action that we could do,
because we could get all of this out, we could get to know you more, and we
could get a lot of information about, really, who you are. I know we know a lot
about you, but I thought it was the best course of action that we could take. So,
I’m glad we did that. I really hope that—every year with the new Corporation
Counsel, we go through the same type of situations where—who is the
Corporation Counsel working for; are they working for the Mayor, the Council,
or what? We go through this pretty much all the time and sometimes we’re
going to disagree. We all have differences of opinions, each and every one of
us and I really will strengthen the fact that your position is not the Council, not
the Mayor; it’s the entire County as a whole. So, please just bead on that fact
that your legal advice will be for the entire County and everybody that you
represent, under the County. So, I look forward to working with you and your
deputies, now and in the future and really looking forward to a productive
couple of years, so mahalo. Thank you, Madam Chair.
ACTING CHR. EOFF: Thank you. Jen.
MS. RUGGLES: Aloha. Thank you for coming again. I just want to echo what
my colleagues have said. I think all of you have really good points. And what
Council Member Kanuha was saying, that Committee meeting was very
valuable situation with our decision making. I think, we were able to get a lot
of our concerns addressed and I think it was done very gracefully. So, I applaud
you in that. Thank you and I will be supporting your appointment, like I did in
the Committee. So, welcome and I look forward to working with you.
ACTING CHR. EOFF: Thank you. Are there any other comments or questions
for Mr. Kamelamela? Okay, seeing none. I would just like to say thank you for
bearing with us through the Committee hearings in this counsel confirmation. I
think, as has been stated, Council confirmation that was a very good opportunity
for us to fully vet our confirmation today, as has been stated. Also, you do
represent the Legislative Branch and the Administration. So, I think it was good
that we were able to express our concerns and have you answer most of those
and speak with us. I guess, we’ll go ahead and take a vote. Mr. Clerk, may you
please call the roll.
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Hawaiʻi County Council-4 January 25, 2017
Vote on GREDC-1: The motion to adopt Governmental Relations and
(Adopted) Economic Development Committee Report No. 1 was
carried by the following roll call vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Ruggles, and
Acting Chair Eoff – 8.
Noes: Council Member Richards – 1.
Absent: None.
Excused: None.
(For informational purposes, Ms. O’Hara voted kānalua then “aye.”)
(For informational purposes, Mr. Richards voted kānalua then “no.”)
ACTING CHR. EOFF: Thank you and congratulations, sir. We would like to
take a brief recess, while we offer our congratulations.
MR. KAMELAMELA: Thank you. Can I say something short? I would like to
call Amy Self up. Amy, can you please come up. What I wanted to do is just
recognize the service done by Molly. She couldn’t be here today. In her place is
Amy Self. So, she’s one of the deputies that is going to be working with me. So,
thanks again. I have a lot of gratitude for what Molly has done for the past two
years. She has spent the time. Two years can be a long time, but I think we all
grow from life’s experiences. So in Molly’s place, I have Amy. Mahalo.
The second thing is that, now that people know who I plan to appoint as the
Assistant Corporation Counsel, Ms. Renee Schoen, can you please stand up? As I
stated previously, she will also be handling counsel at my speed when I’m not
here. Anyway, the last thing, well, it’s not really the last thing. The second to the
last, I wanted to introduce my private secretary at this time, Kathy Ferreira. Some
of you know her, but she was one of my right hands when I was there. She has
served over 20 years with me and I’m great to have her back.
Then I’m just going to have a short one here. You know, in life there are certain
decisions that you make that are really important. For guys like me, a car was
important because it taught me how to maintain a car and all that. The second
was buying a house because buying a house; you will learn how to finance it. But
one of the most important things that you deal with when you are a young man is
you make sure that you find a great spouse because without a great spouse,
everything is going down the drain, okay? So I just wanted to introduce to you
my wife, who has always been not only in front of me, but behind me; on the side;
everywhere, Karen Brown. Aloha.
ACTING CHR. EOFF: Thank you. We’ll take a brief recess.
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Hawaiʻi County Council-4 January 25, 2017
Recess: At 10:11 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 10:25 a.m.
ACTING CHR. EOFF: Okay, I would like to call the meeting back to order. If
there are no objections, I’m going to take a couple of the Fire Chief’s resolutions
out of order, so he can get back to work. At this time Mr. Clerk, can you please
read in resolution 43-17?
Change Order of As directed by the Chair and with no objection from the Council Members, the
Business: following items were taken out of order:
Res. 43-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE
DANIEL R. SAYRE MEMORIAL FOUNDATION TO REFURBISH THE
HAWAI‘I FIRE DEPARTMENT’S RADON RESCUE BOAT
Transfers $4,000 from the Clerk-Council Services – Contingency Relief
account (Council District 2); and credits to the Hawai‘i Fire Department,
Protection-Other Current Expenses account.
Reference: Comm. 56
Intr. by: Mr. Chung
Motion to Approve: Mr. Chung moved to adopt Res. 43-17. Seconded by
Mr. Kanuha.
ACTING CHR. EOFF: Chief Kosaki is here. Can you briefly remind us what the
last contingency funds towards the project are, and does that make it happen?
(Note: At this time, Battalion Fire Chief Gerald Kosaki came forward to
address the Council.)
MR. KOSAKI: Thank you. My name is Gerald Kosaki. I am a Battalion Chief
in the Hawai‘i Fire Department over seeing ocean safety, rescue, and hazmat as
special operations. This resolution is basically allocating or having a grant from
the contingency funds from Councilman Chung, to allocate it towards the
refurbishment of our radon rescue boat 7 at the Kailua Fire Station.
The total amount to refurbish this boat is over $48,000, and from the Sayre
Foundation, they had allocated $20,000. I’m sorry. The amount is over $38,000.
Then the remainder of it was donated by a lot of you, as Council Members that
totaled $18,000.
So what this is for is to refurbish the boat, because currently the rescue boat 7 has
a windshield but it doesn’t have any covering over the windshield. So when they
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Hawaiʻi County Council-4 January 25, 2017
go out for rescues in rough waters, the waves come over the windshield and hit
the electronic equipment and a lot of equipment that they have, in addition to the
personnel right behind the windshield. So, this refurbishment is going to help to
enclose that cab area and, also, rewire a lot of the intricate equipment that is close
to the engine compartment area. In addition, there is a safety aspect of it because
in the back of the boat, there isn’t a step for the divers to come back into the boat
safely. Currently, what they are doing is stepping on the platform right behind, by
the engine or by the motors. Of course, we either put it in neutral or turn the
engines off before they get in. But, as we saw in another incident with canoe
paddlers coming onto the boat; it slipped into gear and the person fell and got
chopped up by the motor blades. So anyway, this is something else that is very
important safety aspect for the refurbishment of the boat.
ACTING CHR. EOFF: Okay, thank you. Council Members, do you have any
questions or comments. Mr. Richards.
MR. KOSAKI: I’m sorry; I just wanted to say one more thing. Councilman
Chung had allocated $4,000, and he was the last one to put in the money. And the
reason why he was the last one to put in is he wanted to wait until all the other
monies got added up and totaled together. He had expressed that if we had a
shortfall with any amount of monies, then he would make up that difference. And
so, I really appreciate all of your support and especially, Councilman Chung.
ACTING CHR. EOFF: Okay, thank you. Mr. Richards.
MR. RICHARDS: Chief, I think you answered my question. So, you have total
funding now, is that correct?
MR. KOSAKI: Yes, we do, thank you.
ACTING CHR. EOFF: Okay, thank you. Seeing no other comments, all in favor,
of approving Resolution 43-17, please say “aye.”
Vote on Res. 43-17: The motion to adopt Res. 43-17 was carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Ruggles,
Richards, and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Since you’re here, Chief, I’m going to ask the Clerk to
read in Resolution 49-17.
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Hawaiʻi County Council-4 January 25, 2017
Res. 49-17: URGES THE HAWAI‘I STATE LEGISLATURE TO APPROPRIATE FUNDS
TO EMPLOY LIFEGUARDS AND TO PURCHASE A LIFEGUARD TOWER
AND RESCUE EQUIPMENT FOR KUA BAY AT KEKAHA KAI STATE
PARK
Urges the State to appropriate funds in the amount of $401,696 for Fiscal Year
2017-2018 and up to $325,696 for Fiscal Year 2018-2019 in an effort to save
lives and prevent injuries at Kua Bay.
Reference: Comm. 67
Intr. by: Ms. Eoff
Waived: GREDC
Motion to Approve: Ms. Poindexter moved to approve Res. 49-17. Seconded
by Ms. David.
ACTING CHR. EOFF: Go ahead, Chief. Since it’s my reso, I will let you go
first.
(Note: At this time, Battalion Fire Chief Gerald Kosaki came forward to
address the Council.)
MR. KOSAKI: Okay, I have a few things I want to say on this resolution.
Before I speak on that, I wanted to bring up one of our water safety officers,
Joy Mills-Ferren, to give an opinion on it.
(Note: At this time, Water Safety Officer Joy Mills-Ferren came
forward to address the Council.)
MS. MILLS-FERREN: Aloha Mai Kakou. Mai Ka E Aina, congratulations to all
of you being brought in as our Council. I know it’s a heavy burden to be
responsible for the people. For example, of how we can take care of both, not just
our tourists, but our residents as well. My husband and I, on our days off, we go
to Kua Bay. These would be one of the days that we would go. And my husband
always reminds me, you are off duty. But I cannot help it, I still watch and I still
help out people where we can, yeah. I believe that this will not only help our
tourists and our residents, but also our firemen as well.
I hear calls from the Station 7, Rescue 7, answering to Kua Bay. I’m sure you’ve
seen the numbers and the stats, but that’s time and personnel that could be
prevented. I’m sure folks have said by having guards there, by informing people,
by educating people, and helping them out. And that’s what we are all here for,
that aloha and sharing that. As life guards, I’m sure a lot of you know that we are
one of the first people that visitors see. We are the ones that welcome them, and
help them out, and educate them, so. To have guards there as a resource, I
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Hawaiʻi County Council-4 January 25, 2017
believe, would be a step in a great direction for this new administration, so.
Mahalo for your time. Aloha.
ACTING CHR. EOFF: Okay, thank you, Mr. Kanuha.
MR. KANUHA: Were you finished?
MR. KOSAKI: I have some things I want to say, but thank you, Joy, for that. I
know we’ve heard a lot of testimony earlier. A lot of statistics was given out and
justification for a lifeguard there. Which, I know, I’m preaching to the choir
because you are all in support; however, just a few more statistics that I have.
In the last four years, up to 2016, we’ve had a total of 16 documented incidents
that we responded to from a fire standpoint. These included a lot of it, by
fractured clavicle, by hit by a wave, spinal injuries; we have a few of those,
thrown by a wave, person fell in the rocks. EMS calls, cardiac arrest, swimmer in
distress, and those are 16 documented calls. As you heard earlier, there are a lot
of other calls and saves that people do on a regular basis at the beach that they
don’t even call 911.
Just recently, on the 13th of January, we had two very significant calls and this is
why I wanted to bring it up. It’s because at Hapuna about 10:43 a.m., there was a
person found floating faced down. Having guards there; the guards responded to
him and brought him to shore. He was in cardiac arrest. They began CPR on him
in full spinal precautions. The ambulance came and by the time the ambulance
got there and began transport, the person began breathing again and had a pulse.
Fortunately, he survived, that’s the fortunate part, but unfortunately he had
severely injured his spine. So, he may have some neurological deficits.
Less than a half hour later, at 11:14 a.m., there was a second incident that
happened at Kua Bay. There was a 57-year-old male who was found floating
faced down. Bystanders brought him up to the beach and began CPR on him.
The eventual outcome was that he didn’t survive. However, we got a letter here
that this person had written to the American Institute of Hawai‘i, that’s the person
that does CPR in Hawai‘i. I guess he didn’t know who to write this letter to, so he
wrote it to them. He said that he was a paramedic from Newport, Oregon. While
he was on vacation, he saw a man being pulled from the surf and he heard
someone call for an ambulance so, he ran down to assist. He said along with
some off duty medics and nurses, they pulled the man out of the surf and began
CPR until the Fire Department arrived. He said, sadly, there is no AED
(Automated External Defibrillators) available. In the event that we had
lifeguards, then AED would be available. It was, likely, about 15 minutes from
the 911 call time until the arrival of the first rescue unit. As we heard earlier
testimony, it takes at least 15 to 20 minutes before our nearest response unit can
reach the scene, and. That’s with lights and sirens going there. He said here, it’s
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Hawaiʻi County Council-4 January 25, 2017
easy for that beach to have 75 plus cars and it is quite popular to locals and
tourists. So, he would really like to see an AED installed there, but not sure how
we can do this.
There is talk about, yeah, we need a lifeguard there. I don’t agree with that. We
don’t need a lifeguard; we need at least two lifeguards there at all times. Because
of the remoteness of this beach, if we have just one lifeguard and that person gets
in trouble; our guy gets in trouble, then it becomes a safety issue for our guys. So
we can’t just, you know, request from the State to fund one lifeguard and say, you
know, we are just going to start with one lifeguard now and then hopefully we get
another lifeguard in the future, when the budget allows for it. I don’t think we
should do that. We should do it right the first time, because if we don’t do it
right, it will put our guys safety in jeopardy. So, that’s the reason that the amount
that I had projected was so high. People might look at it and say, it’s too high, but
again, we need that funding for the safety of our personnel.
MR. KANUHA: Thank you and thank you, Madam Chair. You know, this is
obviously like you said a no brainer; it’s been a no brainer now; it’s been a no
brainer every single year that this comes up. It really disappoints me. It doesn’t
disappoint me; it pisses me off because we go through this every single year.
Like, how many people have to die before they put lifeguards on that beach?
It just boggles my mind, how the State cannot provide for the public safety
services of our residents and all the visitors that visit down there. You know, I
stopped going down there because there are so many people that visit there every
single day. I remember when there was no road down there, we used to go and
camp, and, possibly illegally, but it was a place that, because it’s so beautiful, you
know, we want to go down there. We want to provide these beaches. Kona
doesn’t have that many places to go where you have a beautiful white sandy
beach. So, this is just crazy. It just blows my mind. Can you explain a little bit
about how the process goes with the money coming from the State to provide for
these services? Is there anything that we, as a County, can say, you know what,
we’re not going to even go to the State anymore. We’re going to provide the
money for this service. Even though it’s a State beach, I understand that, but can
you bring it back to what exactly is going on and why we cannot provide the
service down there that is desperately needed?
MR. KOSAKI: Basically, it comes down to money, as you all know. We have a
similar contract with Hapuna beach. Hapuna is a State beach, but we’re operating
it with County life guards. The way we can do it, is we have a supplemental
budget from the State of little over a half million dollars. Even that is not enough
right now because we are a little short staffed, due to the addition of the third
tower that we put there a few years ago. But the money we have there goes
towards our equipment, manpower and even the towers when we need them. We
always run short and we have to supplement the State allocated budget with our
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Hawaiʻi County Council-4 January 25, 2017
County budget, especially for over time, extra hours, and equipment. So, the
answer to your question; yeah, if we really want to have a service there and we
want to provide it from the County, I don’t know the legal aspects of it but I’m
pretty sure that we would be able to provide funding if the budget allows for it.
MR. KANUHA: Thank you, all I know, is the State is negligent in not providing
for this service. So, I’m just disappointed that every single year we have to go
through the same process of urging the State Legislature to appropriate a certain
amount of funds for life guards at this area. It blows my mind. Like I said earlier,
it’s disappointing and we are going to be advocating on behalf of this. Sitting in
these budget hearings and going through the process, we are going to be up there
doing the exact same thing we do every single year. So, I’m with you guys on
this. We’re going to still do that, but something has got to give. Something really
has to give for us to have lifeguards down at Kua Bay.
MR. KOSAKI: Yeah, I know it may take some testimony that really floors some
of the legislators. And in the short of saying, yeah, have the family of the
deceased person or somebody that actually drowned there to go up and give
testimony, because there is only so much that we can say. They know that we
advocate for ocean safety, but we need much more testimony for the legislature.
MR. KANUHA: Which is true, but we really shouldn't have to.
MR. KOSAKI: Exactly, like I said, preaching to the choir. I am too.
MR. KANUHA: So, I’m hugely supportive of this, Madam Chair. We’ll be there
with HSAC (Hawai‘i State Association of Counties) to help support this measure.
So, thank you.
ACTING CHR. EOFF: Thank you, Mr. Kanuha, any other comments?
Mr. Richards?
MR. RICHARDS: Chief, it’s funny as I’m sitting here listening to you speak, the
word that crossed my mind was no brainer and then Councilman Kanuha said that
exact word moments after I thought. Just a few words, totally support it. You’re
right, we have to take care of the people, the Sayre’s, we have to take care of our
constituents, our own community, but also our tourists; they’re our invited guests,
we have got to do that. So, I’m there. Dru, figure it out and we’ll be there.
ACTING CHR. EOFF: Thank you. Hilo, any comments, Council Members?
Okay, go ahead, Ms. Lee Loy?
MS. LEE LOY: Real quick, I’m totally in support of this. Right on point,
Mr. Kanuha. I think the most powerful thing I heard today was about the budget
and how the monies being allotted for public safety is .006 percent of our total
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Hawaiʻi County Council-4 January 25, 2017
State budget. That’s unacceptable. They created the park and the County, again,
is left holding the responsibility of taking care of the people who use the park.
And, you know, Mr. Kanuha, with the power of HSAC (Hawai‘i State
Association of Counties) and the rest of our legislative body. We have to raise
that number. .006 percent of a State budget to take care of the public’s safety is
absolutely unacceptable. I stand with you folks, thank you.
ACTING CHR. EOFF: Any other comments, from Hilo, Mr. Chung? I can’t see
you, but—no? Okay, any other comments, here in Kona? Okay, thank you.
Captain Stelfox, did you have anything to add?
(Note: At this time, Fire Captain Chris Stelfox came forward to address
the Council.)
MR. STELFOX: Thank you. Just to reiterate what Mr. Kanuha said, you know,
there are very small pockets of shoreline recreational areas on the Big Island. It’s
not rocket science. You’re going to have huge numbers of people in these areas.
These are guests. These are people. We’ve heard from other people giving
testimony here. They come here to enjoy these beaches. Tourism in Hawai‘i is
one of the biggest industries. What are we going people? We’re inviting people
to come here and basically go home and tell them, you know what, maybe you
shouldn’t go visit Hawai‘i because they aren’t taking care of the people that are
visiting here. And that’s the honest truth when we look at it from that
perspective. And I know we’ve all got your support here but what we’re asking
from you folks today is to go to the State legislature and, please, plead the
argument for the safety of our public and our visitors. We need lifeguard
services. It’s a no brainer. We hit it on the head. Thank you.
ACTING CHR. EOFF: Thank you and thank you, Council Members, and thank
you, for everyone that came here today to testify and for the passion behind that
testimony. I introduced this resolution. I’ve been working with Representative
Evans’ office. She has submitted House Bill 14; which I’ll continue to follow and
do all I can to work with our representative to HSAC and to our Government
Relations Committee Chair, Mr. Kanuha, to do and lobby for this bill. Ms. Evans
put in enough money for actually, I think, four positions and some equipment for
the next fiscal year. So, what you said kind of struck me as something also
interesting to consider. If there is a way the County can get some funding, too,
and we do need more than one position there, maybe we can get some of the
money from the State, and the County can also find some money to provide for
the other position or two that we need. So I’ll look into that, as well. And I just
thank you so much for your ideas, and your concerns, and everything that was
said here today. So, thank you so much.
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Hawaiʻi County Council-4 January 25, 2017
Okay, Council Members, all in favor of approving Resolution 49-17, please say
“aye.”
Vote on Res. 49-17: The motion to adopt Res. 49-17 was carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Ruggles,
Richards, and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: I know people from Housing have been waiting here, too.
So I’m going to go back to the top of the agenda, at this point, and take
Resolution 31-17.
Return to Order of The Chair directed the Council to return to the order of business.
Business:
ORDER OF The Chair directed the Council to proceed to the next order of business, Order of
RESOLUTIONS: Resolutions.
Res. 31-17: URGES THE COUNTY TO ESTABLISH EDUCATIONAL PROGRAMS TO
REDUCE LAND-BASED CONTRIBUTIONS TO MARINE DEBRIS, AS
RECOMMENDED BY THE HAWAIʻI ISLAND PACKAGING
SUSTAINABILITY INITIATIVE STAKEHOLDERS TASK FORCE
Requests that sufficient funds be budgeted in future years for these programs.
Reference: Comm. 40
Intr. by: Ms. Eoff (B/R)
Approve: PC-1
Motion to Approve: Ms. David moved to adopt Res. 31-17 and Planning
Committee Report No. 1. Seconded by Ms. Poindexter.
ACTING CHR. EOFF: Mr. McComber, would you like to come forward? And, I
believe in Hilo, if I’m not mistaken, we have Alan Rudo and Director Neil
Gyotoku from Housing. So, just briefly summarize. I know we’ve spoke about
this in Committee and if there’s any information to bring forward from that time
here, could you please go ahead with that.
(Note: At this time, Hawai‘i Island Community Development
Corporation Development Manager Jeremy McComber came forward to
address the Council.)
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Hawaiʻi County Council-4 January 25, 2017
MR. MCCOMBER: Sure. My name is Jeremy McComber, I’m the Development
Manager with Hawai‘i Island Community Development Corporation (HICDC).
We are the entity that will soon be receiving the property at the subject parcel
from the owner, RCFC Kaloko Heights.
Since our last meeting, we’ve just been chipping away at our design and site
planning. Very recently, the owner has incorporated or included us in their
master planning. So we’re working with their consultant on, sort of, providing an
image and a community scheme to our project, but also in conjunction with the
larger project. Because what we’re going for is to have, visually, one community
and not a separation between the affordable project and the owner’s project.
Aside from that, we are preparing our tax credit application, which is due on the
th
15 of February. And one of the approvals needed for that application is the
approved resolution.
ACTING CHR. EOFF: Okay, are there any comments from Hilo? Seeing
none, Council Members, you have any questions? Okay. Well, thank you,
Mr. McComber. I know we did bring up the fact that when the master planning is
submitted, there will be more attention to some of the details that we had raised
and issues that were raised previously. So, we’ll look forward to that. I just
wondered if you had a timeline for when that will be reviewed by our Planning
department.
MR. MCCOMBER: I would be more comfortable if the owner’s consultant
provided that timeframe, if you wanted to have him speak.
ACTING CHR. EOFF: Thank you. Since he is here, I will ask him the question.
(Note: At this time, Bill Moore, Planning Consultant representing
RCFC, came forward to address the Council.)
MR. MOORE: Thank you, Ms. Chair, Vice Chair, Council Members. My name
is Bill Moore. I am representing RCFC. I am a Planning Consultant. The owners
have just retained a new planning firm to come in and really oversee the new
work. The property is very difficult. It’s very steep; areas exceeding 20-25
percent in slope. Average slope is probably around 15 percent. So it’s equivalent
to Kona Palisades, the type of terrain that we are looking at.
They are offering these services as the planner and not just to look at the overall
site, but to offer some specific site planning to HICDC to help them with their site
planning. So, we’re really trying to work together. The goal, I think, is to
sometime around March or so to come up with a revised plan.
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Hawaiʻi County Council-4 January 25, 2017
One of the things we’re looking at is that we talked about the park that we’re
relocating because of this. And we’re looking into doing it across the street, the
whole extension.
Based on discussions, as of Monday, we’re really thinking about putting it to meet
adjacent; on the same side of the street to this facility. So, we’re really working
around different ideas and we know we’ll be taking that to the Planning
Department. We will come meet with people as necessary, but we’re really
looking at the overall master planning, just because there’s so much terrain that
we have to work through—sites, preserve sites; very difficult property to work
with. Again, a lot of things have changed because we’re trying to accommodate
Holoholo Street extension. And the way it was laid out it would tee into a loop
road and now we’re making Holoholo the thru-road, and that changes everything
in terms of the circulation pattern. So it is a very complex site, but we are looking
at, hopefully, by March, at the latest, is the goals to come back in with a revised
plan.
ACTING CHR. EOFF: Thank you for that. Are there any other comments or
questions? Then, seeing none, all in favor of approving Resolution 31-17, please
say “aye.”
Vote on Res. 31-17: The motion to adopt Res. 31-17 and adopt Planning
(Approved) Committee Report No. 1was carried by the following voice
vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Ruggles,
Richards, and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
MR. MOORE: Thank you very much. We appreciate it.
ACTING CHR. EOFF: Thank you for waiting. I also have Sydney Fuke waiting
in Hilo. So, I’m going to go ahead and skip around here a little bit and go down
to bills for first reading, could we please read in Bill 2.
Change Order of As directed by the Chair and with no objection from the Council Members, the
Business: following items were taken out of order:
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Hawaiʻi County Council-4 January 25, 2017
Bill 2: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAIʻI COUNTY CODE 1983
(2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT
CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL – 10,000
SQUARE FEET (RS-10) TO GENERAL COMMERCIAL – 10,000 SQUARE
FEET (CG-10) AT WAIĀKEA, SOUTH HILO, HAWAIʻI, COVERED BY
TAX MAP KEY: 2-2-025:012
(Applicant: Tram Ngo) (Area: 16,911 square feet)
The Windward Planning Commission forwards its favorable recommendation
for this change of zone, which would allow the applicant to convert an existing
two-story residence into a beauty salon and personal services building.
Reference: Comm. 17
Intr. by: Ms. Eoff
Approve: PC-2
Motion to Approve: Ms. Lee Loy moved to pass Bill 2 and adopt Planning
Committee Report No. 2. Seconded by Ms. Poindexter.
ACTING CHR. EOFF: Mr. Fuke, are you there?
(Note: At this time, Planning Consultant Sydney Fuke came forward to
address the Council.)
MR. FUKE: Good morning, Madam Chair and Council Members.
ACTING CHR. EOFF: Good morning. I know we spoke briefly about this in
Committee. It has a favorable recommendation, but is there anything you would
like to add for our information.
MR. FUKE: Not really, I think, everything is straight forward. Basically in a nut
shell, the applicant purchased the property and wishes to convert an existing
dwelling into her beauty salon.
ACTING CHR. EOFF: Okay, thank you. Are there any comments from the Hilo
Council Members, at this time? Okay, then all in favor, of approving Bill 2,
please say “aye.”
Page 20
Hawaiʻi County Council-4 January 25, 2017
Vote on Bill 2: The motion to pass Bill 2 on first reading and adopt
(Approved) Planning Committee Report No. 2 was carried by the
following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Ruggles,
Richards, and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: I think you can stay there for Bill 4.
Bill 4: AMENDS THE STATE LAND USE BOUNDARIES MAP FOR THE
COUNTY OF HAWAIʻI BY CHANGING THE DISTRICT
CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE
URBAN DISTRICT AT KUKUIHAELE, WAIKOEKOE, HĀMĀKUA,
HAWAIʻI (TAX MAP KEY: 4-8-006:003)
(Planning Director Initiated) (Area: 8,803 square feet)
Approve: PC-3
; and
Bill 5: AMENDS SECTION 25-8-15 (HĀMĀKUA DISTRICT MAP), ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAIʻI COUNTY CODE 1983
(2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT
CLASSIFICATION FROM RESORT-HOTEL – 25,000 SQUARE FEET
(V-25) AND AGRICULTURAL – FORTY ACRES (A-40a) TO SINGLE
FAMILY RESIDENTIAL – TEN ACRES (RS-10a) AND SINGLE FAMILY
RESIDENTIAL – FIVE ACRES (RS-5a) AT KUKUIHAELE, WAIKOEKOE,
HĀMĀKUA, HAWAIʻI, COVERED BY TAX MAP KEYS: 4-8-006:003,
4-8-006:013 AND 4-8-006:069
(Planning Director Initiated) (Area: 31.237 acres)
The Windward Planning Commission forwards its favorable recommendation for
this change of zone. The properties are the site of the formerly proposed Trees
of Kukuihaele development that will not be developed. The Planning Director
recommends reclassifying the property to a lower density zone, removing the
ability to subdivide these properties.
Reference: Comm. 29
Intr. by: Ms. Eoff (B/R)
Approve: PC-4
Motion to Approve: Ms. O’Hara moved to pass Bill 4 and adopt Planning
Committee Report No. 3. Seconded by Ms. Poindexter.
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Hawaiʻi County Council-4 January 25, 2017
ACTING CHR. EOFF: Before we go any further, Mr. Clerk, in everybody’s
folders there should be a Communication 29.1, which comes from me. So, I’m
not sure how to introduce this, it just corrects a typographical error. So, I just
request a motion? Okay. May I have a motion to amend Bill 5, well; shall I wait
until we get to Bill 5 then? Okay, so let’s finish up with Bill 4.
Is there any discussion on Bill 4? Mr. Fuke?
(Note: At this time, Planning Consultant Sydney Fuke came forward to
address the Council.)
MR. FUKE: Thank you, Madam Chair. Again, the intent behind these series of
bills is, really, to enable the land owner to utilize three existing parcels that have
multiple zoning on them, which was at one point in time, intended to be a resort
development. So, the new owner currently just wants to downzone the property
and have each of those properties be entitled to just one single family dwelling
each. And by you approving this, that would fulfill that objective.
ACTING CHR. EOFF: Any other comments or questions? Seeing none, all in
favor, of approving Bill 4, please say “aye.”
Vote on Bill 4: The motion to pass Bill 4 on first reading and adopt
(Approved) Planning Committee Report No. 3 was carried by the
following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Ruggles,
Richards, and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: You read in Bill 5, so I would like a motion to approve
Bill 5.
Motion to Approve: Ms. Poindexter moved to pass Bill 5 and adopt Planning
Committee Report No. 4. Seconded by Mr. Richards.
ACTING CHR. EOFF: Now, I’d like to ask for a motion to amend?
Motion to Amend: Ms. Poindexter moved to amend Bill 5 with the contents of
Communication 29.1. Seconded by Ms. David.
ACTING CHR. EOFF: This is just to correct a typographical error, so I just ask
for the vote on changing 9,159 acres to 9.159 acres? All in favor please say “aye.”
Page 22
Hawaiʻi County Council-4 January 25, 2017
Vote on Motion to The motion to amend Bill 5 with the contents of
Amend: Communication 29.1 was carried by the following voice
(Approved) vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Ruggles,
Richards, and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Mr. Fuke, any comments on Bill 5?
MR. FUKE: No, this is an editorial change, so we’ll respectfully request the
members to accept this amendment.
ACTING CHR. EOFF: Okay, so we voted on the amendment. So, now, we’ll
just vote on Bill 5, as amended. All in favor please say “aye.”
Vote on Bill 5: The motion to pass Bill 5 on first reading, as amended to
(Approved) Draft 2, and adopt Planning Committee Report No. 4 was
carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Ruggles,
Richards, and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Okay. Thank you, Mr. Fuke. I can’t see the Council
Members in Hilo, but are both Mr. Chung and Ms. Lee Loy still present? Just
making sure that we had nine ayes, were you in the room?
MR. CHUNG: Yes.
MR. HENDRICKS: Hilo, can we confirm that Ms. Lee Loy and Mr. Chung were
present for the vote when it was called for Bill 5, as amended.
MR. CHUNG: Yes.
MR. HENDRICKS: Okay, thank you.
Page 23
Hawaiʻi County Council-4 January 25, 2017
ACTING CHR. EOFF: Thank you. Okay, I don’t have any other requests for out
of order. So, I’m going to go back to the top of the agenda which would take us,
now, to Resolution 34-17.
Return to Order of The Chair directed the Council to return to the order of business.
Business:
Res. 34-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE
BIG ISLAND WAVE RIDERS AGAINST DRUGS FOR THE WEST
HAWAI‘I COMMUNITY BEACH CLEANUP
Transfers $3,000 from the Clerk-Council Services – Contingency Relief
account (Council District 7); and credits to the Liquor Control, Public Programs
account.
Reference: Comm. 44
Intr. by: Mr. Kanuha
Motion to Approve: Mr. Kanuha moved to adopt Res. 34-17. Seconded by
Ms. David.
ACTING CHR. EOFF: Any discussion? Mr. Kanuha.
MR. KANUHA: Briefly. This is something we have been helping every year.
The beach cleanup usually is on the entire West side. It’s pretty big beach
th
cleanup in March. I think the date is March 4. This is on the top of my head,
it’s a Saturday. So, this is just a call to everybody who wants to go and help clean
th
up the beaches of West Hawai‘i. March 4, down at the old airport is when it’s
going to happen. This is a good community event. A lot of kids come down to
help out. I think these monies go towards supplies, and trash bags, and food, and
a lot of different things that are needed. It’s a really good thing that we have
going each and every year. We work with the Wave Riders against Drugs and a
lot of different non-profits, so. This is a good thing for the community and I’m
glad to help support it. So, I ask for your support, as well, Council Members.
ACTING CHR. EOFF: Thank you, any other discussion? Ms. David.
MS. DAVID: Yes, thank you. I’d like to thank, Mr. Kanuha, for bringing this
forward. I believe that the beach cleanup he speaks of, extends well into my
district to Miloli‘i and Hoʻokena. So, I really support this and my resolution is
upcoming, to support this wonderful project. So, thank you.
ACTING CHR. EOFF: Thank you, Ms. David. Any other comments, seeing
none, all in favor, of approving Resolution 34-17, please say “aye.”
Page 24
Hawaiʻi County Council-4 January 25, 2017
Vote on Res. 34-17: The motion to adopt Res. 34-17 was carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Ruggles,
Richards, and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Resolution 35-17.
Res. 35-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE
BIG ISLAND WAVE RIDERS AGAINST DRUGS TO ASSIST WITH
EXPENSES ASSOCIATED WITH THE WEST HAWAI‘I’S COMMUNITY
BEACH CLEANUP
Transfers $2,000 from the Clerk-Council Services – Contingency Relief
account (Council District 8); and credits to the Liquor Control, Public Programs
account.
Reference: Comm. 45
Intr. by: Ms. Eoff
Motion to Approve: Ms. Poindexter moved to adopt Res. 35-17. Seconded by
Mr. Richards.
ACTING CHR. EOFF: Thank you, Mr. Kanuha, for describing the beach
th
cleanup. This is the same project. And, you’re right, it’s March 4, I checked,
and I ask for my Council Member’s support. Okay, all in favor please say “aye.”
Vote on Res. 35-17: The motion to adopt Res. 35-17 was carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Ruggles,
Richards, and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Resolution 36-17.
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Hawaiʻi County Council-4 January 25, 2017
Res. 36-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIG
ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL
FOR THE SAKADA DAY CELEBRATION 2016
Transfers $2,000 from the Clerk-Council Services – Contingency Relief
account (Council District 1); and credits to the Research and Development,
Hawai‘i County Resource Center account.
Reference: Comm. 47
Intr. by: Ms. Poindexter
Motion to Approve: Ms. Poindexter moved to adopt Res. 36-17. Seconded by
Ms. David.
ACTING CHR. EOFF: Ms. Poindexter.
MS. POINDEXTER: I think it’s self-explanatory. If you have any question, I
will be happy to answer, thanks. I just ask for your support.
ACTING CHR. EOFF: Any comments or questions? Seeing none, all in favor,
please say “aye.”
Vote on Res. 36-17: The motion to adopt Res. 36-17 was carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Ruggles,
Richards, and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Resolution 37-17.
Page 26
Hawaiʻi County Council-4 January 25, 2017
Res. 37-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE
BIG ISLAND SUBSTANCE ABUSE COUNCIL FOR ITS 2017 KONA
SPLASH BASH
Transfers $2,000 from the Clerk-Council Services – Contingency Relief
account (Council District 7); and credits to the Office of the Prosecuting
Attorney, Other Current Expenses account.
Reference: Comm. 48
Intr. by: Mr. Kanuha
Motion to Approve: Mr. Kanuha moved to adopt Res. 37-17. Seconded by
Ms. David.
MR. KANUHA: Briefly. Glad to assist with financial assistance from District 7,
to support the community Kona Splash Bash Event on March 2017. Do we know
when in March it is? Another one, I don’t remember this one. Maybe we can get
a date at a later time.
MS. LEE LOY: We have representatives here, in the Hilo office.
MR. KANUHA: Okay. If they could just state when the event is, again, so we
can spread the word.
(Note: At this time, Hannah Preston-Pita, representative from Big Island
Substance Abuse Council) came forward to address the Council.)
MS. PRESTON-PITA: Sorry about that, Mr. Kanuha. So, it’s going to be
th
March 25, at the old airport.
MR. KANUHA: Okay, thank you so much, and very happy to support.
ACTING CHR. EOFF: Okay, all in favor, of Resolution 37-17, please say “aye.”
Vote on Res. 37-17: The motion to adopt Res. 37-17 was carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Ruggles,
Richards, and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
Page 27
Hawaiʻi County Council-4 January 25, 2017
ACTING CHR. EOFF: Resolution 38-17.
Res. 38-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE
BIG ISLAND SPLASH BASH
Transfers $2,000 from the Clerk-Council Services – Contingency Relief
account (Council District 6); and credits to the Office of the Prosecuting
Attorney, Other Current Expenses account.
Reference: Comm. 49
Intr. by: Ms. David
Motion to Approve: Ms. David moved to adopt Res. 38-17. Seconded by
Mr. Richards.
ACTING CHR. EOFF: Any discussion?
MS. DAVID: Yes, I appreciate your support, and I think Doctor Hannah Preston-
Pita explained this program. I contributed to one in my district in Ka‘ū, and it’s a
very worthwhile function for our kids. So, I appreciate your support.
ACTING CHR. EOFF: Thank you, all in favor, of Resolution 38-17, please say
“aye.”
Vote on Res. 38-17: The motion to adopt Res. 38-17 was carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Ruggles,
Richards, and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Resolution 39-17.
Page 28
Hawaiʻi County Council-4 January 25, 2017
Res. 39-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE
BIG ISLAND SUBSTANCE ABUSE COUNCIL TO ASSIST WITH
EXPENSES FOR ITS 2017 KONA SPLASH BASH
Transfers $2,000 from the Clerk-Council Services – Contingency Relief
account (Council District 8); and credits to the Office of the Prosecuting
Attorney, Other Current Expenses account.
Reference: Comm. 50
Intr. by: Ms. Eoff
Motion to Approve: Ms. Poindexter moved to adopt Res. 39-17. Seconded by
Ms. David.
ACTING CHR. EOFF: This is the same Kona Splash Bash. Thank you very
much for allowing District 8 to contribute funds. I ask for your support. All in
favor, of Resolution 39-17, please say “aye.”
Vote on Res. 39-17: The motion to adopt Res. 39-17 was carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Ruggles,
Richards, and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Resolution 40-17.
Res. 40-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HALE
MUA CULTURAL GROUP TO ASSIST WITH EXPENSES ASSOCIATED
WITH THE 2017 KING KAMEHAMEHA DAY CELEBRATION PARADE
AND HO‘OLAULE‘A
Transfers $2,500 from the Clerk-Council Services – Contingency Relief
account (Council District 8); and credits to the Liquor Control, Public Programs
account.
Reference: Comm. 51
Intr. by: Ms. Eoff
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Hawaiʻi County Council-4 January 25, 2017
Motion to Approve: Ms. Poindexter moved to adopt Res. 40-17. Seconded by
Ms. David.
ACTING CHR. EOFF: As you heard, this is for the King Kamehameha Day
celebration, and I’m just asking for your support, thank you. Okay, all in favor, of
Resolution 40-17, please say “aye.”
Vote on Res. 40-17: The motion to adopt Res. 40-17 was carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Ruggles,
Richards, and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Resolution 41-17.
Res. 41-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE
HᾹMᾹKUA YOUTH FOUNDATION TO ASSIST WITH THE PURCHASE
OF JUDO MATS TO BE USED BY THE SEI GI KAN HONOKA‘A JUDO
CLUB
Transfers $7,000 from the Clerk-Council Services – Contingency Relief
account (Council District 1); and credits to the Liquor Control, Public Programs
account.
Reference: Comm. 54
Intr. by: Ms. Poindexter
Motion to Approve: Ms. Poindexter moved to adopt Res. 41-17. Seconded by
Ms. David.
ACTING CHR. EOFF: Ms. Poindexter.
MS. POINDEXTER: Yes, I guess, the resolution is in here and it’s self-
explanatory. If you have any questions, I’d be happy to answer them. So, I just
ask for your support, thanks.
Page 30
Hawaiʻi County Council-4 January 25, 2017
ACTING CHR. EOFF: All in favor, of Resolution 41-17, please say “aye.”
Vote on Res. 41-17: The motion to adopt Res. 41-17 was carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Ruggles,
Richards, and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Resolution 42-17.
Res. 42-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT FOR THE HAWAI‘I ISLE POLICE
ACTIVITIES LEAGUE (HI-PAL) LONG-DISTANCE CANOE REGATTA
Transfers $2,000 from the Clerk-Council Services – Contingency Relief
account (Council District 3); and credits to the Police Department, HI-PAL
Other Current Expenses account.
Reference: Comm. 55
Intr. by: Ms. Lee Loy
Motion to Approve: Ms. Lee Loy moved to adopt Res. 42-17. Seconded by
Ms. Poindexter.
ACTING CHR. EOFF: Ms. Lee Loy, do you have any comments?
MS. LEE LOY: No, it’s pretty much self-explanatory. This is a program that will
run in the spring, which is the start of all of our long-distance canoe races. It’s a
perfect gap filler from our short-distance races that leads into our long-distance
races. And, really, a lot of the funds are actually going to be used for our escort
boats, you know, for the safety of our paddlers. So, I appreciate your support.
Thank you.
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Hawaiʻi County Council-4 January 25, 2017
ACTING CHR. EOFF: All in favor, of Resolution 42-17, please say “aye.”
Vote on Res. 42-17: The motion to adopt Res. 42-17 was carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Ruggles,
Richards, and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Moving to Resolution 44-17.
Res. 44-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAI‘I
ISLAND UNITED WAY FOR THE PURCHASE OF MATERIALS AND
SUPPLIES FOR ITS COMMUNITY OUTREACH INITIATIVE
Transfers $2,000 from the Clerk-Council Services – Contingency Relief
account (Council District 2); and credits to the Liquor Control, Public Programs
account.
Reference: Comm. 57
Intr. by: Mr. Chung
Motion to Approve: Mr. Chung moved to adopt Res. 44-17. Seconded by
Mr. Richards.
ACTING CHR. EOFF: Anything to speak of, Mr. Chung?
MR. CHUNG: No.
ACTING CHR. EOFF: Okay, thank you, all in favor, of Resolution 44-17, please
say “aye.”
Vote on Res. 44-17: The motion to adopt Res. 44-17 was carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Ruggles,
Richards, and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
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Hawaiʻi County Council-4 January 25, 2017
ACTING CHR. EOFF: Resolution 45-17.
Res. 45-17: URGES THE HAWAI‘I STATE LEGISLATURE TO SUPPORT FUNDING
FOR AN ADVANCED LIFE SUPPORT AMBULANCE, NECESSARY
EQUIPMENT, AND STAFFING FOR THE DISTRICT OF PUNA
Urges the State Legislature to support funding to provide critical emergency
medical services to the district of Puna.
Reference: Comm. 58
Intr. by: Ms. O’Hara
Waived: GREDC
Motion to Approve: Ms. O’Hara moved to adopt Res. 45-17. Seconded by
Ms. Ruggles.
ACTING CHR. EOFF: Do you have a comment, Ms. O’Hara?
MS. O’HARA: Okay, I think we’ve heard from many testifiers this morning,
including Elena Cabatu from Hilo Medical Services, as well as the Sayre
Foundation and others, how important this truly is. Puna is at the top of the list
for this service coming from the State. I know this has been attempted in past
legislations or last legislature, anyway, attempted to do this and it failed to pass.
So, hopefully, this year will be the year. Thank you.
ACTING CHR. EOFF: Okay, thank you. Ms. Ruggles.
MS. RUGGLES: Thank you, I just wanted to thank, Council Member O’Hara,
for introducing this. I just wanted to share an experience that I’ve had a few
months ago down in Kalapana. I was at an event at Kalani Honua and one of the
attendees just fell on the ground and had a heart attack, and stopped breathing.
We called an ambulance immediately. In the meanwhile, people were doing CPR
on him, after 10 minutes, they got him to breathe and it might have been too late.
The ambulance didn’t come until after 25 minutes and he ended up passing. So, I
just wanted to share; that was just a few months ago.
There is an HRS (Hawai‘i Revised Statues) 11-72-17, that says that it requires an
ambulance response time, 95 percent of the time, to be less than 20 minutes. And
I believe the average response time for Puna is well over that. So, I appreciate
your support for this and I just wanted to share that. Thank you.
ACTING CHR. EOFF: Thank you, any other comments? Mr. Kanuha.
MR. KANUHA: Thank you and I definitely will be supporting this, as we’ve
done in the previous years. Just as an FYI, as was spoken about earlier, the
different ambulances on the rest of the State; Puna, Kauai, and Makalei were part
Page 33
Hawaiʻi County Council-4 January 25, 2017
of one of the HSAC’s (Hawai‘i State Association of Counties) priority list. And
it’s one of the top priorities that we will be advocating on behalf of HSAC. So
just as an FYI, I wanted to let you guys know that this was submitted last year for
the priority list to go lobby before the State legislature for Puna, Kauai, and
Makalei, within this package. But as you stated, Puna was the number one on the
list. So, I just wanted to let you guys know.
ACTING CHR. EOFF: Thank you. Okay, all in favor of approving
Resolution 45-17 please say “aye.”
Vote on Res. 45-17: The motion to adopt Res. 45-17 was carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Ruggles,
Richards, and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Resolution 46-17.
Res. 46-17: APPROVES THE NOMINATION OF COUNCIL MEMBER DRU MAMO
KANUHA TO SERVE AS A DIRECTOR ON THE WESTERN
INTERSTATE REGION (WIR) BOARD OF DIRECTORS
Nominates Council Member Dru Mamo Kanuha to serve as WIR Director for
the term ending June 30, 2017.
Reference: Comm. 59
Intr. by: Mr. Kanuha
Waived: GREDC
Motion to Approve: Mr. Richards moved to adopt Res. 46-17. Seconded by
Ms. O’Hara.
ACTING CHR. EOFF: Any discussion, Council Members? Ms. David.
MS DAVID: Yes, thank you, Chair. First of all, I definitely support this. I think
Mr. Kanuha will be an excellent board member and a good representation of this
Council, and I really congratulate you. I know you are going to do excellent for
us. So, I totally support your nomination.
ACTING CHR. EOFF: Ms. Poindexter.
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Hawaiʻi County Council-4 January 25, 2017
MS. POINDEXTER: I want to definitely say I support Council Member
Kanuha’s nomination. He’s been groomed for four years into this position, so he
will do well for us. Thank you.
ACTING CHR. EOFF: Mr. Kanuha.
MR. KANUHA: Ms. Eoff, just kind of a brief of what the Western Interstate
Region (WIR) is all about. Its mission statement, basically, is it exists to be the
County’s advocate for public policy issues affecting the western states, within the
National Association of Counties. So, certain issues for the WIR include public
land issues. A lot of the western states have PILT, which is the payment in lieu of
taxes, which I can give Council Members more information about when I
completely understand that issue affecting the western states. I know it really
doesn’t affect Hawai‘i, as much as it does in other states, where the Federal
Government owns a lot of the land. So saying that, there are issues that deeply
affect Hawai‘i including endangered species, which is of high priority for the
Western Interstate Region, and how that affects the way we do County public
policy and land issues. So, that’s another priority for the Western Interstate
Region, and I do look forward to working with my other counterpart. We have
two WIR representatives that sit on the board of Western Interstate Region. I’m
pretty sure that a Maui Council Member will be the other representative, I don’t
know who yet; I failed to look that up. But we will have good significant
membership on this board. So, I look forward for your support, and I will give
you more information as it comes to me. So, thank you.
ACTING CHR. EOFF: Thank you, any other comments Council Members? I
would just like to say congratulations and thank you for representing us at WIR.
All in favor of Resolution 46-17 please say “aye.”
Vote on Res. 46-17: The motion to adopt Res. 46-17 was carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Ruggles,
Richards, and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Resolution 47-17.
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Hawaiʻi County Council-4 January 25, 2017
Res. 47-17: AUTHORIZES THE ACCEPTANCE OF A DONATION OF A LICENSE
FOR GIS (GEOGRAPHICAL INFORMATION SYSTEMS) APPLICATION
SOFTWARE FOR USE BY THE MAYOR’S OFFICE
Donated by an anonymous individual, with an estimated total value of
approximately $1,500, to be used by the Mayor’s Office to access, view, edit,
and analyze the County’s GIS data for various planning and project purposes.
Reference: Comm. 62
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to adopt Res. 47-17. Seconded by
Ms. Poindexter.
ACTING CHR. EOFF: Any comments?
MS. DAVID: Yes, thank you. This is just our process of accepting donations, so
please, I just ask for your support.
ACTING CHR. EOFF: All in favor of Resolution 47-17 please say “aye.”
Vote on Res. 47-17: The motion to adopt Res. 47-17 was carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Ruggles,
Richards, and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Resolution 48-17.
Res. 48-17: URGES THE HAWAI‘I STATE LEGISLATURE TO APPROPRIATE
FUNDS TO PURCHASE AN ADVANCED LIFE SUPPORT AMBULANCE
AND EQUIPMENT, AND TO EMPLOY STATE-CERTIFIED EMERGENCY
MEDICAL SERVICE PERSONNEL FOR THE MAKALEI FIRE STATION
AND DANIEL R. SAYRE WEST HAWAI‘I FIRE TRAINING CENTER
Urges the State to appropriate funds to increase the timely response and the
ability to render effective aid to 911 calls for the North Kona area.
Reference: Comm. 66
Intr. by: Ms. Eoff
Waived: GREDC
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Hawaiʻi County Council-4 January 25, 2017
Motion to Approve: Ms. O’Hara moved to adopt Res. 48-17. Seconded by
Ms. David.
ACTING CHR. EOFF: So, I’ve been working with representative Lowen and
Ms. Evan’s office. They have submitted House Bill 603, and I’ll be following
that. As we’ve heard, Makalei is not the top priority for funding for an
ambulance, but it is right up there, so we’ll continue to lobby for that. Thank you,
Mr. Kanuha, for all your help. Okay, all in favor of Resolution 48-17 please say
“aye.”
Vote on Res. 48-17: The motion to adopt Res. 48-17 was carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Ruggles,
Richards, and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: I believe, next would be Resolution 50-17.
Res. 50-17: AUTHORIZES THE EMPLOYMENT OF A PRIVATE ATTORNEY AS
PART OF AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE
OF HAWAIʻI, THE CITY AND COUNTY OF HONOLULU, THE COUNTY
OF KAUAʻI, AND THE COUNTY OF MAUI TO REPRESENT THE
PUBLIC EMPLOYER IN COLLECTIVE BARGAINING MATTERS
RELATING TO LITIGATION OF UNION PROPOSALS
Authorizes the retention of special counsel, at a cost not to exceed $50,000 plus
costs, to represent the County in proceedings before the Bargaining Unit 11
(firefighters) Interest Arbitration Panel.
Reference: Comm. 68
Intr. by: Ms. David (B/R)
Waived: FC
Note: Requires 2/3 vote of the entire
membership, pursuant to Section 6-5.5,
Hawai‘i County Charter
Motion to Approve: Ms. David moved to adopt Res. 50-17. Seconded by
Ms. Poindexter.
ACTING CHR. EOFF: Ms. Hall, you weren’t here during public testimony, but
you did sign up. So, maybe you could brief us now.
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Hawaiʻi County Council-4 January 25, 2017
(Note: At this time, Deputy Corporation Counsel Belinda Hall came
forward to address the Council.)
ACTING CHR. EOFF: Good morning, Madam Chair and Council Members.
Because this is a new Council, there were other resolutions that came forward in
the process or in the proceedings in the County of Hawai‘i as an employer, along
with the other employee groups from the State of Hawai‘i, the County of Maui,
the County of Kauai. We are in the process of negotiating a new collective
bargaining agreement—actually all bargaining units that the County has
employees in The first set of negotiations was with bargaining until .11, which is
the Hawai‘i Firefighters Association. We are asking for an appropriation for
approval to hire Mr. Robert Katz from the firm of Torkildson and Katz, to assist
us in part of an intergovernmental cooperative agreement with the other Counties,
as well as the State of Hawai‘i in presenting the employer’s group case to the
arbitration panel.
ACTING CHR. EOFF: Council Members, do you have any further questions or
clarifications? Mr. Chung.
MR. CHUNG: Yeah, I have a question. Hi, Belinda, how much are we looking
at?
MS. HALL: We’re looking at 50,000 plus costs. And that is for each of the
employer entities, which is the County of Maui, County of Kauai, Hawai‘i
County, as well as, the State of Hawai‘i.
MR. CHUNG: So, $50,000 each person?
MS. HALL: $50,000 each. I’m sorry, each of the government employers, which
is four Counties plus the State of Hawai‘i. So, I’m only concerned about our
County, so it’s $50,000. But as a whole, Mr. Katz, for this part of the arbitration
proceedings, will be $50,000 from each of the employers.
MR. CHUNG: I mean, I guess, we have no choice since this is an effort by all of
the counties, right? Have all of them agreed to this though?
MS. HALL: Actually, everyone has agreed except County of Hawai‘i. We have
been proceeding through the interest arbitration in front of the panel as the only
County representing ourselves.
MR. CHUNG: Which arbitration is that?
MS. HALL: This is for Bargaining Unit 11, which is with Hawai‘i Fire Fighters
Association.
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Hawaiʻi County Council-4 January 25, 2017
MR. CHUNG: But, that’s not the one with the Battalion Chief’s, right?
MS. HALL: No. So, the interest arbitration is because we don’t have the
collective bargaining agreement with HFFA, the Hawai‘i Firefighters Association.
That’s going to expire on June 30, 2017. So we are in the process of redoing that
agreement, which is on the flip side, is the grievance arbitrations. Those are
arbitrations when there is an actual agreement already, and there are grievances
with the agreement that’s already in existence.
MR. CHUNG: So, that’s not the one, this is not the one with the Battalion Chiefs,
right?
MS. HALL: No, this is just so we can get an agreement with all of our
Bargaining Unit 11 employees for the County of Hawai‘i.
MR. CHUNG: And we don’t have anybody in house that has that kind of
expertise?
MS. HALL: We, you know, I looked in the archives and I believe the last time
was in 2009, I believe. I’m not sure who is—according to the records, it was
mostly, well, Mr. Kamelamela is here now and Michael Ludwig, was also part of
those negotiations, so. As it stands, Mr. Ludwig has already retired and, well,
Mr. Kamelamela is back.
MR. CHUNG: So, maybe if Mr. Kamelamela can come up and explain to us,
what does this all entail? I just want to know what we’re paying for, basically,
and what the need for that payment is.
(Note: At this time, Corporation Counsel Joseph Kamelamela came
forward to address the Council.)
MR. KAMELAMELA: Joseph Kamelamela, Corporation Counsel. I’ve had an
opportunity to briefly look at the materials, but the question that’s being asked is a
practical one. Anyway, so let me approach it this way, since we’re doing it in a
public hearing.
There is a need right now for all of the Counties to have a unified front because
we have the first union up is the fire fighters and so, I could see why all the
counties wanted to get together as a unified front as use that as a means to share
costs. There are a lot of materials that you actually look at to try to understand
and get certain figures done, and some other things that we actually looked at
because I did some of these before, you look at the case first, a lot of the studies
done by the counsel and revenues to get some ideas as to what’s happening. What
I know of the fire fighters, right now, is they actually got an expert that we’re part
of. This guy called Mr. Patrick Gilmore. He’s an expert and from what I
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Hawaiʻi County Council-4 January 25, 2017
understand, of the type of work Mr. Katz has done, he does excellent work but he
costs a lot of money to have someone like him to do a case like this. So, this is
the first one right out of the block for the type of arbitration that has to be done.
And we know that somebody like him will be capable of doing that excellent job,
on behalf of all of the Counties.
MR. CHUNG: Yeah, so my question basically was what’s involved. I
understand that we are trying to enter into a cost sharing agreement and I’m
inclined to go with this. I just need to understand what’s involved and not the
reasons, therefore, because I have never been involved in one of these arbitration
type proceedings. It says all bargaining units may proceed to interest arbitration,
so it’s not a certainty then, right?
MR. KAMELAMELA: All I know is that the interest arbitrations have been set.
The fire is going to start next week Monday. It’s going to go on for one week, so
that’s a lot of time. There are transcripts that are taken and there are costs
involved in getting copies of those. After that, from what I understand, the
HGEA arbitrations are up, but we’re only talking about the fire. There are other
interest arbitrations that have been set, because I saw something from one of the
HGEA newsletters that they are going forward. We have read in the paper that
the Governor is only offering one percent, so all of the unions are saying no,
we’re going to move forward to interest arbitrations. So, there are usually three
panel members, so the parties also share in at least one of the cost that I’m aware
of with the panel members.
MR. CHUNG: So, what happens if we opt out? I’m just exploring all options.
MR. KAMELAMELA: We opt out and then we don’t have a unified front,
philosophically only. Cost wise, whether there are going to be savings or not,
probably because we don’t pay the bills for Mr. Katz.
MR. CHUNG: So do we have anyone on board, who can perform those types of
duties on behalf of the County?
Well, right now, it would be me. But we’re looking at trying to get a unified
front, because all of the other counties see some benefit that can benefit all of the
counties.
MR. CHUNG: Is Mike there? Is Mike Ludwig there?
MR. KAMELAMELA: No, Mr. Ludwig has retired over two years ago.
MR. CHUNG: Oh, I’m sorry; I thought he was there at the meeting.
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Hawaiʻi County Council-4 January 25, 2017
MR. KAMELAMELA: He was the one, along with Diane Noda, who actually
did the fire interest arbitration that was held in Maui.
MR. CHUNG: How did that go?
MR. KAMELAMELA: If you look at what was written I didn’t think it went too
good.
MR. CHUNG: In what regard?
MR. KAMELAMELA: Because there was a wide discrepancy as to what was
being offered by the employer group and what the panel came up with, which was
a high percentage.
MR. CHUNG: Okay, how about this then. How are we going to judge whether
this was money well spent? You know, you just talked about the discrepancy in
the amounts, what should we be looking for or at, to determine whether Mr. Katz
did a good job or not.
MR. KAMELAMELA: Well, one of my deputies will be there to help out in the
process. Because, typically, that’s what—all of the Corporation Counsel hires
special Counsel. We’re still working on the case, so someone from the office is
probably going to be there to assist. From my understanding, we started prepping
the witnesses already from the County’s side.
MR. CHUNG: No, but you spoke about us not getting a good result the last time
because of some discrepancies between—I don’t know what you said, but there
was a discrepancy between the recommended amount and the amount that we’re
looking for. So, based on that barometer, how are we going to judge the
effectiveness of Mr. Katz’ representation to us now? You know, when we look
back at this, how are we going to be able to determine whether we got a good
result?
MR. KAMELAMELA: That’s a fair question, you know, we really cannot say
what’s really going to happen until the panel makes the decision. I’ve been
involved in the HGEA arbitrations that were held more than four years ago, and
from what I recall happened there, we got a good result because we also had
Patrick Gilmore as the expert witness. And I was glad to see all of the Counties
that I know of was wise enough this time to get somebody like Patrick Gilmore.
MR. CHUNG: So Patrick Gilmore is a witness or an attorney?
MR. KAMELAMELA: He’s an expert witness.
MR. CHUNG: Oh, so Mr. Katz is an expert witness?
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Hawaiʻi County Council-4 January 25, 2017
MR. KAMELAMELA: No, Mr. Katz is the attorney. I’m just saying what the
difference was.
MR. CHUNG: So what does Mr. Gilmore have to do with this then? So only if
we get Mr. Katz, can we get a witness like Mr. Gilmore?
MR. KAMELAMELA: No, we have him already.
MR. CHUNG: So, how does the County paying $50,000 to Mr. Katz affect
whether we have Mr. Gilmore or not, if he’s already on board.
MR. KAMELAMELA: No, it really has no relationship as to how the work is
done. I am just saying that the difference that I have seen between the work that I
did at the time we were doing HGEA, we have a really good expert like Mr.
Gilmore. And I was glad this time around we also got him, but all of the counties,
too, recognized that Mr. Katz had done well at another interest arbitration case.
As a unified effort to try and do the best work we can, all of the counties—well
the other three counties have decided to get Mr. Katz on board.
MR. CHUNG: But you have done these things before, too, Jo?
MR. KAMELAMELA: The HGEA. I have never done Fire, but I think the
process is the same.
Okay and you said you used Patrick Gilmore and you guys had a good result.
MR. KAMELAMELA: Right.
MR. CHUNG: Oh wait, one more question, I digress, though. Is this $50,000 for
all of these bargaining units?
MR. KAMELAMELA: No, this is only for fire.
MR. CHUNG: So, what are we going to do with the other bargaining units, then,
when they come up? Are we looking at a unified front, too?
MR. KAMELAMELA: One of the things that I am going to look at is I am going
to see what can be learned from the fire because we have somebody like
Mr. Katz. There’s a probability—well, I don’t know what’s going to happen
afterwards because all of the counties have only focused on the fire.
MR. CHUNG: Okay, and then it commends in November 2016?
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Hawaiʻi County Council-4 January 25, 2017
MR. KAMELAMELA: Yeah, so I can answer that. I’m aware that in November,
a lot of the non-cost items were discussed. So, the interest arbitrations is,
basically, dealing with the wages and benefits.
MR. CHUNG: So, it didn’t commence, then, in November of 2016?
MR. KAMELAMELA: No, it did.
MR. CHUNG: So, who was handling it in November of 2016?
MR. KAMELAMELA: At that time, we had Christopher Schuler.
MR. CHUNG: Okay, so anyway, we have Bargaining Units 1, 2, 3, 4, 10, 11, 12,
13, and 14, but we’re only dealing—and that’s eight or nine of them. So, we’re
only dealing with Bargaining Unit 11; you guys want to have a look and see kind
of approach and see how things go before deciding how to handle the rest of those
other eight bargaining units?
MR. KAMELAMELA: Yes.
MR. CHUNG: Jo, if we got to pay $50,000 for each of these bargaining units,
that’s a lot of money, and I think we can do it in house, quite frankly. I mean, you
already stated that you’re going to have to do it if we don’t approve this. You had
a good result utilizing a witness named Patrick Gilmore, whereas, two other
individuals didn’t have a good result, based on your measures. So, I can
understand the concept of trying to work together as a team, but I don’t think that
other counties should be dictating how we spend our money. Right now, I’m not
convinced that this is a good use of our money; $50,000, when we’re looking at
the possibility of more of these types of arbitrations. I mean, I might be inclined
to just say okay, this one time we go. Jo, you make sure you’re over there all the
time watching how things go and then learn from the process and then later on we
go on our own for the others ones. Would that be okay? Can you give me a
prognosis as to what is going to happen?
MR. KAMELAMELA: That to me; I would support. I will learn from this—like
I said, I did HGEA (Hawai‘i Government Employees Association) arbitrations
before. I learn from this and then there is a probability that I would probably be
handling it.
MR. CHUNG: Okay. So for any future arbitrations, your office would have to
come and get our approval again for each and every one of these bargaining units,
right?
MR. KAMELAMELA: Correct.
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Hawaiʻi County Council-4 January 25, 2017
MR. CHUNG: Okay, so this is not a blanket thing.
MR. KAMELAMELA: No.
MR. CHUNG: Okay, I’ll support it this one time with the proviso and the
understanding that you’re going to be sitting in on all of those meetings and
learning from Mr. Katz, to see exactly what he’s doing that, you know, our
attorneys or you aren’t able to do right now. But, I can’t see myself supporting
this thing any further for the retention of special counsel $50,000 each for any of
these bargaining units. I’m just letting you know ahead of time. Thank you, Jo.
MR. KAMELAMELA: You’re welcome.
ACTING CHR. EOFF: Thank you. Ms. Lee Loy, did you have a comment or a
question?
MS. LEE LOY: I actually do have a couple of questions. Mr. Chung may have
already covered this, but what happens if we choose to opt out of this united
front?
MR. KAMELAMELA: So one of the things that happens, it would make it
appear as an employer unit is fractured. That’s one perception that one can draw
from that and so, that’s something, I think, to consider. The second thing is that
our office actually has the opportunity to really work closely with somebody like
Mr. Katz, whose reputation within the legal community is great. I want our office
to get that opportunity to work with somebody like Mr. Katz, so that when we do
the other interest arbitrations, at least we have that experience and knowledge to
fall on.
MS. LEE LOY: Okay, so, I get that. So, the next piece is that isn’t the County
bound to the collective bargaining units that come from this State anyway. So,
regardless of appearing unified or not, the collective bargaining units and
whatever raises come out of that through arbitration is going to be given back to
the Counties from the State, correct?
MR. KAMELAMELA: The Fire arbitration, yes, it’s going to be a binding
arbitration but we’re only talking about the fire. So, once we know how fire
comes out, then it’s just doing the next series of interest arbitrations and may
come out with a different result. I have seen different results coming from
different interest arbitrations, only because with fire, they also have things that are
really different from the HGEA because of the type of work that they do, you
know, it’s dangerous. So, there’s other types of consideration that goes with them
that you don’t’ see with the members of the HGEA. It’s just hazardous, they
really do the hazardous work and they are the first responders.
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Hawaiʻi County Council-4 January 25, 2017
MS. LEE LOY: Okay, so what I heard you say is its binding arbitration.
MR. KAMELAMELA: Right.
MS. LEE LOY: So with binding arbitration, each County only has one vote,
correct?
MR. KAMELAMELA: No, with the binding arbitration, we have a panel of
three. There’s no votes at that time. It’s going to be up to the panel; sometimes
they go unanimous, sometimes not. I’ve seen panels where it goes two to one for
certain kinds of things. So under the State Law, it’s the decision of the panel.
Now, it’s going to be up to the Counties, at that time, whether we have sufficient
funds to pay in the end.
MS. LEE LOY: So, we get together with a united front, we go through
arbitration, the arbitration is now binding, Mr. Katz, who we are hiring is
representing the interest of all the Counties; am I following this correctly?
MR. KAMELAMELA: That’s correct.
MS. LEE LOY: And so, we have now put skin in the game, our $50,000 to
Mr. Katz to negotiate on behalf of our County, am I correct?
MR. KAMELAMELA: I think negotiate is not the word to use at this time. At
this time, the case is going to go to what’s called arbitration hearings, which is set
to begin next week Monday. There’s no negotiation that is done at that time by
Mr. Katz. We’re there to present our best case forward to the three member
panel.
MS. LEE LOY:
Can the County negotiate its own contract for the bargaining unit?
MR. KAMELAMELA: No. When we talk about negotiation, yes, the Counties
can go in to try to negotiate. Each party has, like you said, one vote in the
negotiation process. The estate may have five votes, but I have got to look at the
statutes again in certain kinds of arbitration. But when you negotiate, yes, each
County has at least one vote each. We are past the stage of negotiation, we’re in
the process of—and you might call it litigation where we just present our best
case on the employer side and the Fire Union will present their case. Then we’ll
have three-member panel decide by majority or unanimous as to what type of
wage increases there will be.
MS. LEE LOY: Okay, I’m going to back up a little bit because what I’m hearing
is we’re putting in our $50,000, so Mr. Katz is going to be on retainer for a total
of $250,000 for fees and costs.
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Hawaiʻi County Council-4 January 25, 2017
MR. KAMELAMELA: Right.
MS. LEE LOY: Okay, what’s the scope? I think that’s the piece that I’m not
understanding, or Mr. Chung is understanding. What are we getting for $250,000
and then what’s the measurable that the $250,000 was worth it?
MR. KAMELAMELA: I think just looking at the type of work that an attorney
doing for a possible arbitration hearing that would last about a whole week. For
one attorney of his caliber, actually starting the arbitration, it’s going to be money
well spent.
MS. LEE LOY: So money well spent, but the end product is measured how?
MR. KAMELAMELA: All I know is, like me, every trial that I did, I put in my
best effort. I’m not going to win all of it. There are different measures as to what
success is. In a case like this, success can be measured as something that would
be in between what the employee unit has put forth as their offer and what the
union wants. For someone like me, that’s what I would look as being success.
MS. LEE LOY: Okay. This one will probably be my last piece. So, we’re going
to put $50,000 in to join up with everyone else for a total of $250,000. Then
we’re going to spend time for someone from Corporation Counsel to go and
shadow the work, gain experience and knowledge, and all the time and fees and
costs that go with that individual being in the room to shadow is another cost that
we’re going to have to bare.
MR. KAMELAMELA: Yes and the deputy salaries are set already so there
wouldn’t be an increase in cost. So, like I said, I had other situations where we
needed special counsel. We learn from what they offer and whatever they offer
had really benefited the County. So, something like this would benefit, actually a
lot of the attorneys in the office too, because we can all learn from this.
MS. LEE LOY: Okay, I’m going to yield at this time. Thank you.
ACTING CHR. EOFF: Thank you. Are there any other questions of
Mr. Kamelamela?
MR. CHUNG: Yes, I have a few follow up questions.
ACTING CHR. EOFF: Okay, go ahead, Aaron.
MR. CHUNG: I do apologize. I had to leave the room to go to the restroom. I
may have missed some of the questions that Ms. Lee Loy asked, but I’m still not
clear on this one thing, Jo. Let’s say we all went separately, what happens? The
arbitration panel is still going to come up with one decision, right, they are not
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Hawaiʻi County Council-4 January 25, 2017
going to have one for Hawai‘i County, one for City and County, and one for
Maui, right? They are still going to have one decision, correct?
MR. KAMELAMELA: Correct.
MR. CHUNG: Again, I understand the importance of team building and trying to
work together with the other counties. But even if we went in on our own, unless
our performance is so bad that it hurts Mr. Katz’ argument, we would still get the
same result as every other County in this State, right?
MR. KAMELAMELA: Correct.
MR. CHUNG: Or am I wrong?
MR. KAMELAMELA: No, I don’t see that as incorrect.
MR. CHUNG: Of course, I don’t think it’s a nice thing for us to try to piggy back
on that. But at the same time, maybe you are down playing your own abilities to
negotiate or argue something before that arbitration panel.
Now let’s get back to what Ms. Lee Loy was getting at. I kind of raised the same
questions. Jo, you are only a few hours into this job. I don’t expect you to really
come up with anything right now, but what’s really important to me and looks
like it’s important to Ms. Lee Loy. And I would expect it is important to more
than a few, if not all of the Council Members, it’s the measurables. How are we
going to determine the success? And it cannot just be, oh we are going to try our
best, okay. So, if you could come up with just a short memo. It doesn’t have to
be a supreme court brief or anything like that but within a few days, draw upon
your experiences, the time you worked the HGEA case with Mr. Gilmore, you
also talked about one situation where you felt that we didn’t have a good result.
Explain that and tell us what we should be looking at in this particular case for us
to be able to look at it and say, when all is said and done, this was actually a good
expenditure of money. For example, we spend $50,000 but based on Jo’s analysis,
we made $1.2 million or something like that. Again, I’m not expecting you to
think on your feet right now, that’s unfair, but maybe within a week just let us
know what you think. One last thing, though, how long is Mr. Katz going to be
working on this?
MR. KAMELAMELA: He has already started and according to Ms. Hall-
Castillo, he’s already done four days of testimony.
MR. CHUNG: Okay, but, you know, let’s say from the first day that he starts
actually working for the Counties to the last day, how long do you think that’s
going to be, just off the top of your head, how many months, weeks, days, years?
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Hawaiʻi County Council-4 January 25, 2017
MR. KAMELAMELA: I’m conferring with the Deputy Counsel here.
MR. CHUNG: Just based on your experience?
MR. KAMELAMELA: Okay, I’m just going to relate it to this case. I know that
he did four days already of hearings. Next week Monday, he’ll start another
series and it’s going to be five days. After that, he has to prepare a document,
basically a memo, to outline what the testimonies that were presented. And which
will, also, include the evidence that was presented forward. So, that’s going to
require—because I know that I had to read transcripts over again. That would
take another two weeks to, kind of, marshal all the evidence and then to write
something on behalf of the County, which could take two to three days to do that.
Then we wait after we submit all the documentation for the opinion of the
arbitrators. So, we’re talking about a month’s work right now, and that’s why I
stated earlier that it is money well spent on somebody like Katz’ reputation. I
don’t know if all of that is helpful?
MR. CHUNG: It is. Just to me, one thing Jo, I think most of us are in the wrong
line of work. $250,000 for about maybe six weeks, at the most, but having said
that, I’m going to support it with the several provisos that I had talked about
earlier. Okay, thank you.
ACTING CHR. EOFF: Okay, thank you. Ms. O’Hara.
MS. O’HARA: Thank you, Chair. I’m glad everybody is asking all of these
questions, and thank you for staying here and answering. I just want to be clear
since this arbitration has already begun, as you pointed out. Do we already have a
retainer agreement or some kind of Memorandum of Agreement (MOA) with
Mr. Katz, already, and is he doing work for us in good faith that we will come
into this agreement with the rest of the players?
MR. KAMELAMELA: No.
MS. O’HARA: Okay.
MS. LEE LOY: I have a follow up.
MR. KANUHA: Me, too.
ACTING CHR. EOFF: Ms. Lee Loy, do you mind if I take Mr. Kanuha first?
MS. LEE LOY: Sure, that’s fine.
MR. KANUHA: Great question. I like the discussion, you know, he’s going to
do the work no matter what the rest of the players involved have already signed
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Hawaiʻi County Council-4 January 25, 2017
off on this, and our contribution would be $50,000. They should go off of votes.
Each County one vote, $50,000, state four votes, times that by four, that’s what
they should be paying. How does is all work with the upcoming negotiations, are
we going to continue? I know Mr. Chung expounded on that but I kind of left the
room when that was going on. But with the rest of the negotiations coming up, if
they go into arbitration, you know, are we going to be doing the same thing with
each arbitration panel, are we all going to be combining the efforts of the
employers or are we going to, you know—what’s the plan, is there a plan?
MR. KAMELAMELA: I know with the HGEA (Hawai‘i Government
Employees Association), the State is usually in charge of that one. So, the AG’s
(Attorney General) office is working on that, only because, from what I recall, the
State has most of the employees. So, the State hasn’t asked for any type of joint
kind of agreement. Typically, you know, Fire, there’s very few State Firefighters.
MR. KANUHA: Which is why I am always concerned when they have all these
votes to make these huge decisions on behalf of the Counties, as well. Has there
ever been a talk? I know this was happening before you came on board, but was
there a position where, you know—I know a unified front is always a great option
to have. But, a unified front with just the Counties instead of—especially the
firefighters and then the State has their unified front in collaboration with the
Counties. Is that always an option too?
MR. KAMELAMELA: That source is an option. And I think that’s what we‘re
trying to do here; they have a unified front with respect to Fire because of the
firefighters, like I said, they are County employees.
MR. KANUHA: Is this standard procedure, for especially Fire, to just be all
together?
MR. KAMELAMELA: No. Not in terms of representation, we would always
have a unified front in terms of what we offer. But this is the first time that I’m
aware of doing it and making sure that we have somebody like Mr. Katz to do the
work.
MR. KANUHA: I’m going to be voting in favor of this and let’s see if this really
works out. He is doing the work already. He’s going to be doing the job no
matter what. I think, it’s beholden upon ourselves, as a County, to join that effort.
Do I think that $50,000 is a lot? Absolutely, should we have somebody within
Corp Counsel that can represent us in the same capacity as Mr. Katz? Absolutely,
because I think we have great attorneys on the team, but I’m definitely going to be
worried with the negotiations coming up; what is the outcome of them. What is
Mr. Katz going to be fighting for? That’s what I want to know. Is it the lowest—
I don’t know, I can just imagine what he’s really pushing on behalf of the
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Hawaiʻi County Council-4 January 25, 2017
Counties or the employers. As was stated earlier, it would be nice to see exactly
what the two positions are. Do we know that now?
MR. KAMELAMELA: The only thing that I can say, is what’s been publicly
stated. It’s the 1 percent from the employee’s side and I cannot recall publicly, at
least 4 percent from the Fire side.
MR. KANUHA: Okay, sorry, I think you might have said that earlier. Okay.
Yeah, mahalo for all the questions from all the members and I appreciate the
answers.
ACTING CHR. EOFF: Ms. Lee Loy.
MS. LEE LOY: Yeah, thank you. Mr. Kamelamela, does this State have a Chief
negotiator?
MR. KAMELAMELA: I didn’t quite hear that.
MS. LEE LOY: Does the State have a Chief negotiator?
MR. KAMELAMELA: Yes, they do, but I’m trying to think whether the Chief
negotiator will be involved in a union, like the Fire, since I know the Chief
negotiator had been involved in HGEA. That’s what I’m most familiar with.
Like I said, most of the HGEA members are State employees. So, you would
have the Chief negotiator in that situation.
MS. LEE LOY: I’m going to reluctantly support this. Clearly, it seems like the
train is leaving the station. It really doesn’t feel good, you know, to have to pony
up our ticket when the train is leaving the station. But I’ve heard assurances that
we’re going to shadow some of the work and learn from these experiences. And
like Mr. Chung said, you are just starting very early on the job but I, too, would
appreciate some type of outline or framework as to what we can anticipate and
what that will look like.
The other piece is as we come out of arbitration or this negotiation period, I would
love to see whatever briefings Mr. Katz provides and read through those
evaluations, too. I think that would be helpful going forward for the rest of the
Council Members, many who are freshmen, and are looking at a number of raises
not only with fire, but other unions that will be occurring real shortly here. This is
where the rubber is going to meet the road, this is how it is going to really tell us
what our budget is going forward and all of the budget proceedings we have,
starting in March. From what I can gather, Mr. Katz is probably going to be
spending about 800 plus hours on this matter. That’s a lot of work. I can
appreciate that, having come from that profession. So, I’m going to stand in
support of this.
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Hawaiʻi County Council-4 January 25, 2017
ACTING CHR. EOFF: Ms. David, did you have a question?
MS. DAVID: Yes, just a real short question or comment. I would like to say the
discussion so far on the questions has really educated me. This is pretty much
completely over the top of my head, when it comes to union negotiations.
However, when I’m listening to the discussion, the words negotiation and
arbitration, in terms of process, are we in arbitration now and having to hire an
arbitrator is the result of negotiations that could not be reached among each
County. Is that my correct understanding? Because the negotiations—they
couldn’t come to a negotiated decision.
MR. KAMELAMELA: Actually, couldn’t come to an agreement between the
Counties and the firefighters.
MS. DAVID: Yes, that’s my question.
MR. KAMELAMELA: That’s why we’re going to further arbitration next week
Monday.
MS. DAVID: Right, so regardless of what some of the discussions are, whether
we can represent ourselves or why do we have to hire an attorney; I would like for
us to have experts that can take arbitration cases when it involves County issues.
I would love to have that, too, like Mr. Chung says. But, in this case, once it goes
into the arbitration mode, then it is one decision maker, which will be the
arbitration panel, right, and they will make the decision.
MR. KAMELAMELA: Right, that’s correct.
MS. DAVID: And that is where we need this attorney to help us come forward as
a unified body.
MR. KAMELAMELA: Right.
MS. DAVID: Thank you. I learned something today, thanks a lot.
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Hawaiʻi County Council-4 January 25, 2017
ACTING CHR. EOFF: Okay, any other questions or comments? Seeing no one,
all in favor of approving Resolution 50-17, please say “aye.”
Vote on Res. 50-17: The motion to adopt Res. 50-17 was carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Ruggles,
Richards, and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Mr. Clerk, under Order of the Day, Bill 3.
ORDER OF The Chair directed the Council to proceed to the next order of business,
THE DAY Order of the Day (Second or Final Reading).
(SECOND OR
FINAL READING):
Bill 3: AMENDS ORDINANCE NO. 16-72, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2017
Increases revenues in the Federal Grants – State Homeland Security Program
Fiscal Year 16 account ($200,000); and appropriates the same to the State
Homeland Security Program Fiscal Year 16 account. Funds would be used to
purchase specialized equipment to enhance the County’s capability to prevent and
respond to incidents of terrorism and other hazards.
Reference: Comm. 22
Intr. by: Ms. Eoff (B/R)
First Reading: January 5, 2017
Motion to Approve: Ms. Poindexter moved to pass Bill 3 on second and final
reading. Seconded by Ms. David.
ACTING CHR. EOFF: All in favor please say “aye.”
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Hawaiʻi County Council-4 January 25, 2017
Vote on Bill 3: The motion to pass Bill 3 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Ruggles,
Richards, and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Bill 3 is adopted, under Reports.
REPORTS: The Chair directed the Council to proceed to the next order of business, Reports.
FC-1 NOMINATION OF MAE SATSUKO IKEDA TO THE PENSION BOARD
(Comm. 37):
Motion to Approve: Mr. Richards made a motion to confirm Finance
Committee Report No. 1. Seconded by Ms. David.
Vote on FC-1: The motion to adopt Finance Committee Report No. 1 was
(Adopted) carried by the following roll call vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards,
Ruggles, and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
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Hawaiʻi County Council-4 January 25, 2017
FC-2 NOMINATION OF JERRY HAMAMOTO TO THE PENSION BOARD
(Comm. 38):
Motion to Approve: Ms. O’Hara made a motion to confirm Finance Committee
Report No. 2. Seconded by Ms. David.
Vote on FC-2: The motion to adopt Finance Committee Report No. 2 was
(Adopted) carried by the following roll call vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards,
Ruggles, and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals
EXECUTIVE 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.)
ACTING CHR.: EOFF: Just checking, if that completes the agenda items today?
MR. HENRICKS: Yes, all items are disposed of.
ACTING CHR.: EOFF: Okay, thank you very much, Mr. Clerk. May I have a
motion to adjourn? Moved by Ms. David and seconded by Ms. Poindexter. All in
favor say “aye.”
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Hawai`i County Council-4 January 25, 2017
ADJOURN- There being no further business, at 12:14 p.m., Ms. David moved to adjourn the
MENT: meeting. Seconded by Ms. Poindexter and carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards,
Ruggles, and Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
APR 1 9 2017
Council Approval:
C•UNTY CLERK
SM/slm
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