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HomeMy WebLinkAboutMIN COUNCIL 2015/10/20 2014-2016 Hawaiʻi County Council th 24 Session West Hawaiʻi Civic Center 74-5044 Ane Keohokālole Highway, Building A Kailua-Kona, Hawaiʻi October 20, 2015 INVOCATION: Pastor Keith Elliot of the Kona Church of God, who was scheduled to provide the invocation was not available. Mr. Bo Kahui, a member of the audience, gave the morning’s invocation. CALL TO The regular meeting of the Hawaiʻi County Council was called to order at ORDER: 9:07 a.m., in the Council Chambers, Kona, by Mr. Dru Mamo Kanuha, Chair. ROLL CALL: Present: Mr. Dru Mamo Kanuha, Chair Ms. Valerie T. Poindexter, Vice Chair Mr. Aaron S. Y. Chung, Member (came in later) Ms. Maile “Medeiros” David, Member Ms. Karen Eoff, Member Mr. Greggor Ilagan, Member Mr. Dennis “Fresh” Onishi, Member Mr. Danny Paleka, Member Ms. Margaret Wille, Member CHR. KANUHA: Okay, Ms. Poindexter, may you lead us in the Pledge of Allegiance, please. PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, Ms. Poindexter led the Council in the Pledge of Allegiance.) CHR. KANUHA: Mahalo. MR. ONISHI: Mr. Chair? CHR. KANUHA: Yes, Mr. Onishi. MR. ONISHI: Is Corporation Counsel here today? Hawaiʻi County Council-24 October 20, 2015 CHR. KANUHA: They should be. I spoke to Ms. Stebbins yesterday, and she said she was going to be here. I don’t see her now, but— MR. ONISHI: You know why? Before we go to resolutions, I had a question for her on Resolution 283-15. CHR. KANUHA: Okay, we don’t have to take that one up first. MR. ONISHI: Okay. CHR. KANUHA: We can wait until she comes, and then we can bring it up. MR. ONISHI: Okay, sounds good. CHR. KANUHA: Okay. Thanks, Mr. Onishi. PETITIONS, The Chair directed the Council to proceed to the next order of business, MEMORIALS Petitions, Memorials, Certificates of Merit, and Expressions of CERTIFICATES Condolence. OF MERIT, AND EXPRESSIONS OF (There were none.) CONDOLENCE: STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Nicole Nietz: Res. 298-15 (Comm. 492), in support. (Representing the GVS Accelerator) John Grogan: Res. 303-15 (Comm. 502), in support. (Representing the West Hawaiʻi Veterans Cemetery Association) June Conant: Res. 284-15 (Comm. 472); in support. (Representing the Hawaiian Paradise Park Community Action Committee) Linda Ugalde: Res. 308-15 (Comm. 507), in support. (Representing the Cooper Center) James Weatherford: Res. 287-15 (Comm. 476), in support. Page 2 Hawaiʻi County Council-24 October 20, 2015 David Webb: Bill 37, Draft 4 (Comm. 231), comment. Jessanie Marques: Res. 293-15 (Comm. 487); and (Representing the Kaʻū Rural Res. 294-15 (Comm. 488), in support Health Community Association) Lisa Andrews: Bill 37, Draft 4, (Comm. 231), in support. Bo Kahui: Res. 302-15 (Comm. 501), in support. (Representing Laʻiʻopua 2020 and the Villages of Laʻiʻopua) Judy Sumter: Res. 284-15 (Comm. 472); in support. (Representing the Hawaiian Paradise Park Community Action Committee) Margaret Shiba: Res. 309-15 (Comm. 508), in support. (Representing the ʻImiloa Astronomy Center) Thomas Manago, Jr.: Res. 307-15 (Comm. 506), comment. (Representing the Puna New Hope Church and the Pahoa Food Pantry and Soup Kitchen) Elizabeth Weatherford: Res. 284-15 (Comm. 472); and Res. 287-15 (Comm. 476), in support. Debra M. Lewis: Res. 295-15 (Comm. 489); (Representing Hawaiʻi Island Res. 296-15 (Comm. 490); and Veterans Day Parade) Res. 297-15 (Comm. 491), comment. Jerry Warren: Bill 90, Draft 3, (Comm. 455); and Res. 287-15 (Comm. 476), in opposition. David Cottis: Bill 37, Draft 4, (Comm. 231), in support. Joe Pierce: Bill 37, Draft 4, (Comm. 231); Bill 96 (Comm. 483); and Bill 99 (Comm. 486), comment. Page 3 Hawaiʻi County Council-24 October 20, 2015 Joy Cash: Res. 283-15 (Comm. 471); Res. 284-15 (Comm. 472); Res. 286-15 (Comm. 475); Res. 294-15 (Comm. 488); Res. 295-15 (Comm. 489); Res. 298-15 (Comm. 492); Bill 37, Dr. 4 (Comm. 231); Bill 98 (Comm. 485); Bill 103 (Comm. 497); and Bill 106 (Comm. 511); comment. Shane Nelsen: Res. 287-15 (Comm. 476); Res. 302-15 (Comm. 501); and Res. 309-15 (Comm. 508), in support. CHR. KANUHA: Mahalo, Shane for your testimony. I don’t have any other testifiers here in Kona, but I want to check with the outlying sites. Are there any other testifiers that would like to testify? Please let me know. Okay, I’m going to close public testimony, and move on with the agenda. I know we have Sergeant Pauole in Hilo— MR. ONISHI: Mr. Chair, before we start? CHR. KANUHA: Yeah? MR. ONISHI: I just wanted to get clarification on how we moved this Council meeting from tomorrow to this morning and moving the committee’s back. I’d just like know why. CHR. KANUHA: We’ve done it before, and it was never a problem before. So we’re actually going to—myself and Ms. Poindexter, Chair and Vice Chair, are going to be leaving on a trip this afternoon, so we decided to move Council to today. MR. ONISHI: Do you know why I bring this up? It’s because Council Member Wille and myself in the past, have tried to change dates for meetings and we were told that we needed to consult with all the Council Members. CHR. KANUHA: I didn’t change the dates, I kept it the same date. MR. ONISHI: Council meeting was supposed to be tomorrow, right? So you changed it to today and you made it in the morning, whereas usually we have committee meetings first, and then Council after. Page 4 Hawaiʻi County Council-24 October 20, 2015 CHR. KANUHA: That was part of a past thing. It didn’t seem like there was a problem. MR. ONISHI: Well I just wanted to bring it up because to me, if we have to go through asking or seeing if other Council Members are going to approve us changing dates, then I think this should be done, because this was kind of like a last minute change too, right? CHR. KANUHA: It was scheduled to change a few weeks ago, yeah? MR. ONISHI: Yeah, because we just heard about it like last week. CHR. KANUHA: Okay. Thank you, Mr. Onishi. MR. ONISHI: But I just wanted to bring it up that, you know, if you can, I mean say Ms. Wille or myself wants to change one day because of our scheduling, if you would be able to approve that. CHR. KANUHA: I will look at it. MR. ONISHI: Okay, well thank you. CHR. KANUHA: Ms. Wille. MS. WILLE: Yeah, just really quickly. I think it is helpful to check with the others, not that if somebody has a problem, you don’t go ahead and do it. But I know the previous time that we piggy backed on a day, I think we piggy backed it to a Wednesday and eliminated Tuesday. I knew Wednesday was going to be light and scheduled being someplace else. It would have been so much better for me if we done the double day on Tuesday, and I would have been able to go to that TAT (Transient Accommodation Tax) meeting without missing the whole day. Now that might not have worked out, but if I had gotten a call, I could have raised that issue. And I know when I was missing that day, I had people come and testify, “Well, why isn’t Ms. Wille here with all of her things?” So I’m not criticizing what you’re doing at all, but I think it wouldn’t hurt sometime to just check in with the others. How would this impact you? This is what we’re planning. And I’m not trying to add a lot more— CHR. KANUHA: Thank you. I mean I try to accommodate as much as I can, so I appreciate that. MS. WILLE: Yeah, okay. CHR. KANUHA: Mr. Paleka. Page 5 Hawaiʻi County Council-24 October 20, 2015 MR. PALEKA: I have to weigh in on this too, because I also made a request for change. And you know, it would be nice if we have some consideration too. So just to— CHR. KANUHA: I did. Thank you, I consider all requests to change. Ms. Poindexter. MS. POINDEXTER: Yeah, and I somewhat agree on the change of dates. The only thing I think is more difficult is when we change the date from the regular scheduled date, then I could see definitely more of a problem there. Like say if we wanted to change it to Friday, or Thursday, or next week, you know, then I see that would have been a problem. But I hear what you’re saying also. Thank you. CHR. KANUHA: Mahalo, for everybody’s concern. I really want to move on with the agenda. MR. ONISHI: But I just wanted to make one more comment. CHR. KANUHA: No. Thank you, Mr. Onishi, I think it’s time to move on. MR. ONISHI: Okay, well— CHR. KANUHA: Mr. Onishi. MR. ONISHI: Well at this time— CHR. KANUHA: Mr. Onishi— MR. ONISHI: No, Mr. Chair. I need to ask— CHR. KANUHA: Mr. Onishi— MR. ONISHI: No, I need to ask— CHR. KANUHA: Mr. Onishi, please hold on— MR. ONISHI: No, I need to ask to go into Executive Session. CHR. KANUHA: I’m not going to—we’re going to move on with the agenda. I have Sergeant Pauole in Hilo, I really want to take those items first before we go into whatever you’re asking. So Mr. Clerk, can I please have Bill 98? Page 6 Hawaiʻi County Council-24 October 20, 2015 APPROVAL The Chair directed the Council to proceed to the next order of business, OF MINUTES: Approval of Minutes. (There were none.) COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. (There were none.) Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following items were taken out of order. Bill 98: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Increases revenues in the Federal Grants – Hawai‘i County Police Department (HCPD) Click It Or Ticket Grant account ($500); and appropriates the same to the HCPD Click It Or Ticket Grant account. The funds would be used with existing funds towards the purchase of additional sporting equipment for the East and West side of the Island to facilitate various sporting events. Reference: Comm. 485 Intr. by: Ms. Eoff First Reading: October 7, 2015 Motion to Approve: Ms. Eoff moved to pass Bill 98 on second and final reading. Seconded by Ms. David. CHR. KANUHA: Ms. Eoff. MS. EOFF: I believe Mr. Onishi had some questions on Bill 98 and Bill 99 at first reading, so I did ask Sergeant Pauole to be here. I think he’s in Hilo if you do have questions. MR. ONISHI: Yeah, thank you, Ms. Eoff. Sergeant, what was the rush for getting this money—not going through the Finance Committee first? (Note: At this time, Sergeant Robert Pauole came forward to address the members of the Council.) SGT. PAUOLE: I’m not aware of any rush, I was just asked to come. We don’t necessarily need the money until December. MR. ONISHI: Yeah. Okay, so— Page 7 Hawaiʻi County Council-24 October 20, 2015 SGT. PAUOLE: And actually the extra $500 for the click it or ticket wouldn’t even be used until later on in the year. MR. ONISHI: Okay. Yeah, because there were comments that this money was supposed to be used right away to purchase balls, like basketballs, volleyballs, footballs, and so forth. But that’s what I thought, because I figured you had money in your budget already that could be used for any activity that you folks would be coming up with. But Ms. Eoff, maybe you can explain why, or if you know why it was waived? MS. EOFF: Mr. Onishi, this whole term, and I believe even last term when it’s a grant, we’ve been customarily waving it straight to Council since it’s not coming out of—well it’s our budget, but it’s grant money in and we’ve waived committee. MR. ONISHI: Oh, okay. MS. EOFF: So if that’s not acceptable, I mean we can always change the policy. MR. ONISHI: No. And that’s what I used to do, when I was the Finance Chair, but then I guess we would make sure that someone was there you know, at the first meeting if anybody had any questions. MS. EOFF: Okay. I’ll make sure in the future that someone is there for questions. MR. ONISHI: Thank you, Sergeant, for coming out. SGT. PAUOLE: You’re welcome, anything else? CHR. KANUHA: Any other discussion, Council Members? Okay, hearing or seeing none, all in favor say “aye.” Vote on Bill 98: The motion to pass Bill 98 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Bill 99. Page 8 Hawaiʻi County Council-24 October 20, 2015 Bill 99: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Increases revenues in the Federal Grants – Speed Enforcement Grant account ($15,000); and appropriates the same to the Speed Enforcement Grant account. The funds would be used with existing funds towards the purchase of a Stalker Speed Awareness Monitor for the Kona district. Reference: Comm. 486 Intr. by: Ms. Eoff First Reading: October 7, 2015 Motion to Approve: Ms. Eoff moved to pass Bill 99 on second and final reading. Seconded by Mr. Paleka. CHR. KANUHA: Any discussion? Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chair. Sergeant, I just wanted to ask, with this equipment, is it only for Kona? For example, could it be also used for across the island? SGT. PAUOLE: We have one speed trailer in Hilo that is used for area one. This new trailer was requested from our Community Police Department, our section in Kona. Their trailer broke several years back. MR. ILAGAN: Oh, okay. Just wanted to know. Thank you. CHR. KANUHA: Thank you, Mr. Ilagan. Any other discussion? Okay, hearing or seeing none, all in favor say “aye.” Vote on Bill 99: The motion to pass Bill 99 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Mr. Clerk, can I do Bill 78? Page 9 Hawaiʻi County Council-24 October 20, 2015 Bill 78 AMENDS CHAPTER 2, ARTICLE 16, SECTION 2-98 OF THE HAWAI‘I (Draft 3): COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO TRAVEL AND OTHER EXPENSES Amends the Code to require that an exception to prohibited expenditures may only be allowed if a written request showing the expenditure would be for a public purpose is approved by the Mayor for requests made by employees or officers of the Executive Branch or the Council Chair for requests made by employees or officers of the Legislative Branch. Reference: Comm. 422.7 Intr. by: Mr. Ilagan First Reading: October 7, 2015 Motion to Approve: Mr. Ilagan moved to pass Bill 78, Draft 3, on second and final reading. Seconded by Mr. Paleka. CHR. KANUHA: Go right ahead, Mr. Ilagan. MR. ILAGAN: I believe the last time we were on this bill, Council Member Wille did her amendment so there’s really nothing else, unless—go ahead. CHR. KANUHA: Thank you, Mr. Ilagan. Ms. Wille. MS. WILLE: Yes, thank you. And I think Council Member Ilagan brought this bill and helped to clarify that use of public funds are for public purposes. And I did an amendment basically increasing the accountability on this point, and really adding a few things listening to some of the public testimony that was given. And those additional accountability measures included, basically that there’s no use of public funds for alcoholic beverages unless it’s provided by an authorized exception. And the purchase of gifts in the amount of over $100 per person receiving the gift is prohibited, unless provided by authorized exception. And the key here is that if there is an authorized exception, like in terms of travel in particular is where it comes up, that would be documented. It would be a memorandum and, “The director of finance shall maintain a record log of all travel expenditures . . . which log shall be available for public inspection.” So basically we’re adding some sunlight to this. If we see then from public comments that we need more, we do more. I had originally put in for example, that the purchase of alcoholic beverages would just be public funds prohibited. But I did listen to other Council Members and felt okay, if we do that as an authorized exception, if there was some reason then it could be justified, but it doesn’t go behind the scenes where the public doesn’t know about it—the public is going to know how we’re spending the Page 10 Hawaiʻi County Council-24 October 20, 2015 money on these areas. So I think that we’ve basically, in here, addressed the concerns, compromised, and worked through the issues that the Council raised. So I urge your support for this. CHR. KANUHA: Thank you, Ms. Wille. Council Members, any other discussion on this? Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman. You know, maybe it’s in here somewhere, I’m just wondering how you get an authorized exception? I mean perhaps it’s not contained in the body of this bill. I see that there’s a way of documenting something, but it doesn’t really set forth the process by which you get an exception. CHR. KANUHA: Ms. Wille. MS. WILLE: Okay, I’m just talking off the top of my head. But I think you’re reading in terms of the amendment, and I think that we have it where a memorandum would be written and approved. In other words, “To receive reimbursement for the authorized exception, the following documentation must be submitted to the employee’s or the officer’s department head and to the director of finance within seven days of the expenditure: A memorandum setting forth the reasons . . . along with a copy of the written request for the authorization . . .” and any additional information. So if you didn’t get it authorized, you’re not going to get reimbursed. You can spend it, I mean anyone here—I mean many times, I think all of us spend money for events, but the question is whether we get reimbursed. I don’t know, maybe it could have been written clearer. MR. CHUNG: Oh, no. MS. WILLE: I think it makes the point well enough, but— CHR. KANUHA: Go ahead, Mr. Chung. MR. CHUNG: Yeah, Ms. Eoff, just pointed out that it’s actually provided in subsection (b). That’s all I wanted to know. MS. WILLE: Okay. MR. CHUNG: Yeah, there’s no change to that. Okay, thank you. MS. WILLE: This is just showing what was amended. MR. CHUNG: Right. MS. WILLE: And then therefore, we’re not seeing the whole bill right here. Page 11 Hawaiʻi County Council-24 October 20, 2015 MR. CHUNG: Right. Thank you. CHR. KANUHA: Thank you, Mr. Chung. Any other discussion, Council Members? Okay, hearing or seeing none, all in favor say “aye.” Vote on Bill 78: The motion to pass Bill 78, Draft 3, on second and final (Draft 3) reading was carried by the following voice vote: (Adopted) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. I want to get through a few resolutions here. We have a few members of the public waiting. So if we— MR. ILAGAN: Mr. Chair? CHR. KANUHA: Mr. Ilagan. MR. ILAGAN: I just wanted to go with the HPP (Hawaiian Paradise Park) one, just because of the fact that there are several members from the community there. CHR. KANUHA: Sure, sure. We can— MR. ILAGAN: If that’s okay with you. CHR. KANUHA: Okay, Mr. Clerk, if we could do the HPP one, which is Resolution 284. Is that the one? MR. ILAGAN: Yes. CHR. KANUHA: Okay. Page 12 Hawaiʻi County Council-24 October 20, 2015 Res. 284-15: ADOPTS THE 2015 HAWAIIAN PARADISE PARK COMMUNITY MASTER PLAN The plan would be adopted as the successor to the Master Plan adopted by Resolution No. 184-97, and may be utilized in coordination with other planning documents for assessing future growth and development in the Hawaiian Paradise Park subdivision. Reference: Comm. 472 Intr. by: Mr. Ilagan (B/R) Approve: PC-27 Motion to Approve: Mr. Ilagan move to adopt Res. 284-15 and Planning Committee Report No. 27. Seconded by Mr. Paleka. CHR. KANUHA: Go right ahead, Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chair. I just wanted to put this out to the public, and I know Council Member Onishi had some questions regarding Resolution 284 with Corporation Counsel, or no? Okay, I’m mistaken. I actually have one, and I just wanted to mention it because I didn’t want to ask the same thing twice. And I wanted to, if it’s okay, bring up Corporation Counsel regarding Resolution 284. Okay, Mr. Brilhante, if you can please come up. And the reason why I’m bringing up Corporation Counsel is because I have a constituent in the district that I represent who has been very vocal about her disagreement with this resolution. She has been contacting many Council Members and I just wanted to make sure that she is addressed because she has been calling our office on a daily basis. I keep telling her the same thing, and it’s not going through, and she’s not accepting what I’m saying to her. So then she calls the other Council Members, and then now the Council Members are calling me and asking, “Have you been talking to her?” Of course I have, and so I just wanted to make sure that legally, because her main argument is that I’m not representing her. And I just wanted to make sure that—is Mr. Brilhante there yet? Okay, if you can. The main thing I really wanted to point out is that she is saying that through what had happened with HPP, she no longer has to pay road fees in that association, and she got out of that through a court order. Now she is saying that HPP doesn’t represent her and she is no longer part of the association, and so she’s coming to me as a constituent saying how she opposes this plan. I just wanted to make sure legally, we’re in our rights to approve this plan and go through the Council as we’re going through right now, and there’s nothing as the Council, as the body, we’re not doing anything illegal in that manner. Page 13 Hawaiʻi County Council-24 October 20, 2015 (Note: At this time, Corporation Counsel Molly Stebbins came forward to address the members of the Council.) MS. STEBBINS: Good morning, Council, Molly Stebbins, Corporation Counsel. The issues that you’re bringing up, it sounds like most of them I am not going to address. Sounds like personal matters with this individual that wouldn’t be within my purview as Corporation Counsel to even get into. This resolution as I understand it, is recognizing a plan that was adopted by the Paradise Park Community Association. So you know, I don’t see any legal obstacles if it’s the Council’s will to recognize the plan through this resolution. MR. ILAGAN: And that’s what I wanted to hear, and I just wanted to make sure that it’s on record. And she did go over the last video that we had, and she’s still in disagreement. She feels that I’m manipulating the Council in some way and that I’m going through an illegal procedure. So I just wanted to make sure legally, Corporation Counsel has my back for even approving this or even putting it on the Council floor, and making sure that her claims are addressed because I do represent her. I might not be in agreement to some of her claims, but I just want to make sure that everything is transparent. CHR. KANUHA: Thank you, Mr. Ilagan. Any other discussion, Council Members? Okay. Ms. Eoff. MS. EOFF: Mr. Ilagan, just curious, how does this relate to the Puna Community Development Plan? MR. ILAGAN: As you are aware, Council Member Eoff, that we have the General Plan, and CDP (Community Development Plan), which is the Puna Community Development Plan, it’s one of the plans that detail the General Plan. What I talked to regarding the community members who developed this plan, we sat down and I asked them, “Let’s go through the process of going to the action committee,” and that’s what we did. We talked to the person in charge of going through that process and because of the fact, this is what I’m aware of, because we’re only updating the data, just keeping things up to date, that could be helpful for any amendments regarding the Puna Community Development Plan. This does not change anything significant, it just gives more of added facts, added resource to make a better amendment or a change in the future. So this does not do anything significant, any changes into the Puna Community Development Plan. It just updates the plan for HPP. So when people reference the HPP plan, which would be kind of below the Community Development Plan, they have more accurate data, instead of data from 1997. And that’s the difference of it. What is similar is definitely the fact that they’re both rooted from grass root efforts, from the Community of Hawaiian Paradise Park, and I just want to make sure that I’m advocating for the community that I represent. Page 14 Hawaiʻi County Council-24 October 20, 2015 MS. EOFF: Thank you. CHR. KANUHA: Okay, any other discussion? Hearing or seeing none, all in favor say “aye.” Vote on Res. 284-15: The motion to adopt Res. 284-15 and adopt Planning Committee (Adopted) Report No. 27 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Mr. Clerk, can we go to Resolution 286 the next one? Res. 286-15: AUTHORIZES THE ADDITION AND INCREASE OF BASIC FEES IN THE RULES AND REGULATIONS OF THE LIQUOR COMMISSION OF THE DEPARTMENT OF LIQUOR CONTROL OF THE COUNTY OF HAWAI‘I, STATE OF HAWAI‘I The Rules would be amended to add basic license fees for Condominium Hotel ($1,200), Winery ($1,000), and Small Craft Producer Pub ($1,000); and to increase license fees for Caterer from $120 to $600. Reference: Comm. 475 Intr. by: Ms. Eoff Approve: FC-36 Vote on Res. 286-15: Ms. Eoff moved to adopt Res. 286-15 and Finance (Adopted) Committee Report No. 36. Seconded by Ms. Wille and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Can we go to the next item, Mr. Clerk? Page 15 Hawaiʻi County Council-24 October 20, 2015 Res. 287-15: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF TAX MAP KEY 9-5- 012:005 SITUATED IN THE DISTRICT OF KA‘Ū, ALSO KNOWN AS KAHUA ‘OLOHŪ, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND The 13 acre Kahua ‘Olohū property is listed as a key priority for purchase in the 2014 Annual Report of the Public Access, Open Space, and Natural Resources Preservation Commission for its historical significance and cultural importance. Reference: Comm. 476 Intr. by: Ms. David Approve: FC-37 Motion to Approve: Ms. David moved to adopt Res. 287-15 and Finance Committee Report No. 37. Seconded by Mr. Paleka. CHR. KANUHA: Ms. David. MS. DAVID: Mahalo, Chair. I just want to reiterate—thank you for the testimony from Mr. Nelson and from that of OHA (Office of Hawaiian Affairs). We received a written testimony in strong support for the purchase and protection of Kahuaʻolohū, and I believe Alex Kelepolo had clarified one of your questions, Chair, that this has not been on the State or Federal register. That is an entirely different process, and this property is eligible to be on that list, but it is not. And also clarify that having a property on this list does not prevent development in any way. So for me, I think the reason I moved forward with this is because of its historic and cultural significance. And I believe if successful and this resolution passes this Council, it provides opportunities for the non-profit organizations to participate in the PONC (Public Access, Open Space and Natural Resources Preservation Commission) stewardship grant applications. And therefore, guarantee that protection of this site is not only just left standing, but it becomes what Mr. Nelson had testified to, a benefit for this island, and a perpetuation of our cultural history. So I urge your support, and thank you. Mahalo. CHR. KANUHA: Thank you, Ms. David. Ms. Wille. MS. WILLE: Yes, I just want to express my support for this, and I want to say I appreciated the letter from OHA, sort of running through this and why this location is significant. Thank you. CHR. KANUHA: Thank you, Ms. Wille. Ms. Eoff. Page 16 Hawaiʻi County Council-24 October 20, 2015 MS. EOFF: Yes, I also wanted to strongly support this resolution. I believe anytime we can protect land, especially that has historic and cultural significance and we have an opportunity to bring those practices back to life, I think we’re doing a huge service to people of Hawaiʻi. All of us. Thank you. CHR. KANUHA: Thank you, Ms. Eoff. Mr. Paleka. MR. PALEKA: I have some concerns based on the testimony of one of our testifiers. If I could have Mr. Weatherford come forward, I could ask a few questions. (Note: At this time, Mr. James Weatherford came forward to address the members of the Council.) MR. WEATHERFORD: Yes. Hello from Pāhoa. MR. PALEKA: Good morning, Mr. Weatherford. MR. WEATHERFORD: Good morning to you. MR. PALEKA: In regards to this piece of property, you had mentioned in your testimony that you had another private interest, or other person considering taking over this property, or purchasing this property from you. MR. WEATHERFORD: We were approached by a private concern, yes. MR. PALEKA: Can I get the—or who the other concern is? MR. WEATHERFORD: I don’t think I’ll do that, I didn’t ask them to say their name. So I don’t know that I’d be in the position to be using their name in public. MR. PALEKA: Okay. MR. WEATHERFORD: I could not disclose their name in public, is what I’m going to say. MR. PALEKA: Okay, so if it’s not the County, the other unnamed entity will remain anonymous, I guess. MR. WEATHERFORD: Well it was a private concern, this is private people. MR. PALEKA: I’m not really comfortable with that, but having heard your point, I can appreciate your concern regarding another entity’s—they might not even know if they’re being considered for disclosure of themselves. But the intent of this resolution, I’m fully behind. Kahuaʻolohū and its cultural significance, I’m Page 17 Hawaiʻi County Council-24 October 20, 2015 really behind it, but having heard the testimony this morning, I think it’s our duty to ask some questions. Unfortunately, now I’m kind of suspect— MR. WEATHERFORD: I would be glad to address the testimony by Mr. Warren in detail, any questions or in general. MR. PALEKA: Okay, go ahead if you want to comment on his testimony. I’ll yield some time to you, if you want to respond to those specific—please do, please go ahead. MR. WEATHERFORD: Thank you. And I’ll be very brief. MR. PALEKA: Okay. MR. WEATHERFORD: I have never lived in Texas, he said I had. I moved to this island in 2001, not in 2000. In 2008 when I bought that property, I was not working for Council, I had zero influence on the location of the wastewater treatment or relocation of it. All of that information that Mr. Warren put out was completely false. Is there anything else I may provide you? MR. PALEKA: No. Thank you very much, Mr. Weatherford. You have been very helpful in addressing those concerns. I’ll yield at this time. Anyone else? CHR. KANUHA: Thank you, Mr. Paleka. Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chair. If I could bring Mr. Hamana over. To my understanding, this resolution pretty much gives the green light to move into negotiation. And I wanted to ask you, Mr. Hamana, if at any time, can Councilwoman, Ms. David be able to say, “Let’s not move forward because there’s something that they found out?” Is that opportunity there? MR. VENTURA: I believe that’s more of a Corporation Counsel question. CHR. KANUHA: If you could restate your name for the record MR. VENTURA: Hamana Ventura, Property Manager. MR. ILAGAN: I apologize, let me bring up Corporation Counsel. MR. VENTURA: Excuse me but the resolution, if it passes, it gives us the ability to move forward with negotiations. MR. ILAGAN: Right. I just want to make sure that once you’re moving forward, let’s say there are new facts that came to light and Councilwoman wants to say, “Can we just hold on?” And maybe—I’m not saying that’s going to happen, I’m Page 18 Hawaiʻi County Council-24 October 20, 2015 just wondering if—let’s not even talk about this specific resolution, I’m talking about the process itself. Is a Council Member able to say there’s something going on, and even though the Council approved it, is it possible to not move forward with negotiations on the purchase of that specific land? MS. STEBBINS: I think the resolution is just authorizing the Finance Director to initiate negotiations, which that would be a process. So an answer to your question, would it be impossible to stop the process if other issues or problems come to light? No, it would not be impossible to stop the process. MR. ILAGAN: It’s not possible to stop the process? MS. STEBBINS: Not impossible, which is how you raised your question. MR. ILAGAN: Okay. So how would?— MR. VENTURA: I should clarify that would be during our due diligence process, that if we found that there were factors affecting the sale, then it would definitely hold up the process so that we could investigate and make sure that all parties involved were comfortable with moving forward. And that’s what we term “due diligence.” MR. ILAGAN: Okay, thank you. That’s the information I was looking for, and I trust Councilwoman David to bring that information when there is any sort of information of that caliber that needs to be brought up. I support her. I know the testimony was against this, one of the testimonies, and I just wanted to voice my support because it’s always hard to go and do something that’s right, and you’re getting opposition. I just wanted to let you know that you do have a Council Member here in Puna in support of your efforts. So thank you. CHR. KANUHA: Okay, Mr. Ilagan. Ms. Wille. MS. WILLE: Yes, I wanted to thank Mr. Weatherford and his wife Elizabeth for being as cooperative, in particular with regard to the evaluation, that isn’t always the case. What he said is being open to the County’s appraisal, or even going with what he paid for it. It’s usually often a negotiation and what is the value? I know that’s happened in North Kohala a number of times, so I just want to be appreciative of his cooperation, in terms of the appraised value in moving forward. Thank you. CHR. KANUHA: Thank you. Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman. Mr. Weatherford, did you say you acquired this property in 2009? 2005? Page 19 Hawaiʻi County Council-24 October 20, 2015 MR. WEATHERFORD: Yes, we purchased the property in the year 2008. MR. CHUNG: 2008. Okay. You know, I was just here minding my own business, and thinking full well that I’d be supporting this initiative, which I probably still will be doing, you know, giving its cultural significance. But the comments made by Mr. Warren should not be dismissed, and I think Mr. Paleka picked up on that as well. You know, Mr. Weatherford, whom I’ve never met, stated that he was working for Mr. Jacobson, Council Member Jacobson. Is that correct? Anybody know? MR. WEATHERFORD: Yes. I worked for Council Member Jacobson in the years 2005 to 2006. I ended my employment with the County Council then at the end of May 2006. MR. CHUNG: Okay. You know, I noticed—so I pulled out the Hawaiʻi County Code relating to Public Access, Open Space Natural Resources Preservation Fund. And most of the provisions provided in this Code, Article were enacted in 2005. Now I don’t know who introduced this measure, I don’t know what the impetus—I mean we all know what it was from, it was from the County Charter Amendment. But you know, if it was introduced by Mr. Jacobson, and you were working for him in 2005—let’s just put it this way, I don’t know what the background is. As I said, I was just sitting here minding my own business until Mr. Warren came up with these concerns. And you know, sometimes one plus one, people come up with 10, right? But these are significant concerns that we really should look into. Mr. Clerk, is this the final reading or just the first reading of the resolution? MR. HENRICKS: A resolution, so one reading for resolutions. MR. CHUNG: So this is it then? MR. HENRICKS: Correct. MR. CHUNG: You know, I certainly don’t want to cast any aspersions towards the sincerity of Mr. Weatherford, or anyone else, but I sure would like to get a better handle on this, Ms. David. I mean is it possible we could just hold off on this? I suspect that this Article 42 was not introduced by Mr. Jacobson, but if it was, I’d have some concerns. You know, inasmuch as Mr. Weatherford stated that he was working for Mr. Jacobson in 2005, and now he’s going to be possibly, I can’t say benefitting from this, you know, it seems like his motives are altruistic. I’d just like to get a better handle on this, if possible, you know, just based on the concerns raised by Mr. Warren. CHR. KANUHA: Ms. David, did you want to respond? Page 20 Hawaiʻi County Council-24 October 20, 2015 MS. DAVID: Yes, please. Thank you, Mr. Chung and Mr. Paleka for your concerns. I did consider Mr. Warren’s testimony, and the fact that you’re raising an issue that there might be some truth to what Mr. Warren is suggesting, I would be willing to postpone this. But I really need to know exactly what kind of questions, or what clarification you would need when we bring this forward, so I can help attempt to get some answers. I know Mr. Warren’s statements were a variety of statements. MR. CHUNG: Right, I think there were two. MS. DAVID: Okay, so which ones would you be wanting clarification? MR. CHUNG: Well first I guess if there was, you know, any involvement on the part of Mr. Weatherford, or his boss in enacting this—you know, a mere vote, it’s no problem, right? But if he was the introducer of this measure and Mr. Weatherford was working with him at that time, it would raise some concerns anyway. And let’s put it this way, if this were a development issue, whether, you know, there was actual misconduct or not, people would want to know. You know, just for the sake of transparency, so only because it’s a public lands issue—the necessity for something like this, I don’t think so, right? The public needs to know, and they make up their own minds. MS. DAVID: I agree. MR. CHUNG: Yeah. And also, you know, this has nothing to do with Mr. Weatherford, but you know, I’m troubled about this money generating grant process that was brought up by Mr. Warren. I don’t know if there’s anything to it, but you know, I don’t like people using the County’s money to generate money on their own. And I don’t know if there’s anything to it, but I’d like someone to look into that too. I don’t know, maybe if you can talk to Mr. Warren, he’s your constituent. MS. DAVID: Yes, I have. MR. CHUNG: And just see what’s going on over there. MS. DAVID: Okay. MR. CHUNG: Yeah. And then we can bring it up in public, and let the public decide. You know, I’m supporting you all the way on this. MS. DAVID: So your clarification on the non-profits using County funds— MR. CHUNG: Right. Page 21 Hawaiʻi County Council-24 October 20, 2015 MS. DAVID: You’re speaking of the maintenance fund? MR. CHUNG: Well he mentioned something, some Mr. Mau or Ms.—I wasn’t really listening. MS. DAVID: Okay. Because any non-profit I understand, would be eligible to apply. So he basically mentioned Ms. Mau because he knows that she is a grant writer and she does belong to a non-profit organization that does a lot of community work in Kaūʻ. So I believe I will ask him what he means by that. MR. CHUNG: Right. I think he was concerned that she was— MS. DAVID: Supporting this, because she had a personal interest in it. MR. CHUNG: Right, she had a vested interest in it. Yeah. MS. DAVID: I see what he’s saying, and I just need to clarify that because I don’t believe that is the case, because whoever applies for it has to go through that process. MR. CHUNG: And then perhaps you can make explanations on behalf of Ms. Mau and Mr. Weatherford. You know, hopefully it doesn’t come—I seriously doubt that Mr. Jacobson introduced this. You know, it would really raise some concerns, right? MS. DAVID: I think it was a Charter amendment back then. MR. CHUNG: It was a Charter amendment, but it was codified in 2005. So I’m kind of just looking through our County Code, and all of this was enacted in 2005. MS. DAVID: Right. And we just started in 2004, so memory doesn’t go back that far. But I would definitely check with that, I just needed to know exactly what you wanted clarification on. MR. CHUNG: Right, and perhaps there’s no wrong doing, but at least, you know, as I said, it cuts both ways. So we really should, for the sake of transparency, throw all the cards on the table. MS. DAVID: I agree, thank you. MR. CHUNG: Thank you. CHR. KANUHA: Thank you, Mr. Chung. Mr. Paleka. Page 22 Hawaiʻi County Council-24 October 20, 2015 MR. PALEKA: Yeah, I too would—not just do our due diligence, but I truly want to see this thing move forward, because I believe it’s an important—that the cultural aspects in regards to this property. But just to have a clear—when we do take it over, have our community and our constituents feel comfortable with us making that purchase, as the testifier had brought up some questions. But I truly want to see this come forward. I’ll leave it at that. CHR. KANUHA: Thank you, Mr. Paleka. Ms. Eoff did you?— MS. EOFF: I’m not sure how relevant it is, but I believe that the Code was written first and later a Charter amendment was adopted regarding the two percent fund. I don’t know if that’s relevant. MR. CHUNG: Can I answer? CHR. KANUHA: Mr. Chung. MR. CHUNG: It’s not relevant. MS. EOFF: Yeah. MR. CHUNG: Yeah. It’s just—what was the impetus behind this? Who was the sponsor? As I said, I highly doubt that Mr. Jacobson was the introducer, you know? But if he was, then it would certainly raise some concerns, but at the same time, I just wanted to reiterate, you know, Ms. David, I’m behind you all the way on this thing. Okay. MS. DAVID: Mahalo. CHR. KANUHA: Thank you, Mr. Chung. Ms. Wille. MS. WILLE: Yeah, very quick question. One thing that Mr. Warren said was that this parcel really wasn’t considered by commission to be of considerable importance. And I just—for purposes of the public, could you just advise whether that was correct? And if it’s not, or it was considered? MR. HAMANA: According to the 2014 PONC list, this property was rated number 11. MS. WILLE: Okay. CHR. KANUHA: Thank you, Ms. Wille. Any other discussion, Council Members? I don’t know how you want to proceed, Ms. David. Page 23 Hawaiʻi County Council-24 October 20, 2015 MS. DAVID: Thank you, Chair. I would entertain—then I’d like to do a motion to postpone this resolution to the next meeting. Motion to Postpone: Ms. David moved to postpone Res. 287-15 to November 4, 2015. Seconded by Mr. Onishi. CHR. KANUHA: Any discussion on the postponement? Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chair. Just for sake of clarification, if I could just hear what Councilwoman David will bring forth to the next Council meeting, due to the fact we’re having a postponement. CHR. KANUHA: Ms. David. MS. DAVID: Sure. I believe I am to bring back the information that Mr. Chung wants. Who introduced this PONC? Who sponsored the PONC ordinance or bill, and whether there’s any truth to the private involvement of Ms. Mau? MR. ILAGAN: Thank you CHR. KANUHA: Thank you, Ms. David. Mr. Chung, on the postponement. MR. CHUNG: And just basically to follow up on what was brought up by Mr. Warren. It might be nothing. MS. DAVID: Yeah. He brought up a lot of issues about the sewer treatment plant. So I just wanted to know exactly what, you know,—all of it? MR. CHUNG: Well, maybe that too. MS. DAVID: Okay. CHR. KANUHA: Thank you. And just briefly, I don’t think it hurts to postpone it another couple of weeks, just to get more information, okay? Any other discussion? Hearing or seeing none, all in favor of the postponement say “aye.” Vote on Motion to: The motion to postpone Res. 287-15 to November 4, 2015 Postpone: was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. Page 24 Hawaiʻi County Council-24 October 20, 2015 CHR. KANUHA: Motion passes. MR. ILAGAN: Mr. Chair? CHR. KANUHA: Yes? MR. ILAGAN: If we could read in Resolution 295, 296, and 297? CHR. KANUHA: I’m going to do Bill 37 first. MR. ILAGAN: Okay. CHR. KANUHA: Mr. Clerk, Bill 37. Bill 37 AMENDS CHAPTER 2, ARTICLE 15, OF THE HAWAI‘I COUNTY CODE (Draft 4): 1983 (2005 EDITION, AS AMENDED), RELATING TO THE CODE OF ETHICS Amends: 1) Definitions - revises definition for “agency” and adds definition for “immediate family”; 2) Fair Treatment - amends provision for use of County property to include “campaign purposes” and adds provision to allow a County officer or employee, or a business where an immediate family member of a County officer or employee has a controlling interest of said business, to enter into a contract with a County agency, provided disclosure and approval provisions have been satisfied; 3) Conflicts of Interest - revises provisions for the ability of County officers and employees to represent private interests in legal actions/proceedings against the County or appear on behalf of private interests before any agency of the County; and 4) Contracts – amends provision to allow the County to enter into contracts with officers or employees of the County, or any business where an immediate family member of an officer or employee has a controlling interest, provided disclosure and approval provisions have been satisfied. Reference: Comm. 231.20 Intr. by: Ms. Wille Postponed: October 7, 2015 (Note: There is a pending motion by Ms. Wille and duly seconded by Mr. Onishi to approve Bill 37, as amended to Draft 4.) (Note: Comm. 231.21, from Council Member Margaret Wille dated October 16, 2015, transmitting proposed amendments to Bill 37, Draft 4, was circulated.) CHR. KANUHA: Thank you, Mr. Clerk. There’s a pending motion on the floor, so I’ll hand the floor over to Ms. Wille. Page 25 Hawaiʻi County Council-24 October 20, 2015 MS. WILLE: Okay. And to start with, I’d like to move to amend Bill 37, Draft 4, with the contents of Comm. 231.21. Motion to Amend: Ms. Wille moved to amend Bill 37, Draft 4, with the contents of Comm. 231.21. Seconded by Ms. Poindexter. CHR. KANUHA: Ms. Wille, go right ahead. MS. WILLE: Yes. And these are further clarifications that I’m bringing up to address request, and suggestions made by members of the Council, as well as by the Finance Department. And I think we have had numerous hearings on this, and this I really adopted from a previous term to get it addressed. But it is an ethics bill and I think getting clarity in terms of ethics is important. And for that reason, I have not had a problem with taking the time as we’ve gone through a number— moved along the way with suggestions. At the same time, I would really like to get this through. There’s always room for improvement, and if someone has further suggestions, I’d appreciate if they hold them and make them in their own amendments going forward. Okay, so that’s speaking specifically on the amendments that are here in this— why do I want to amend the draft with the contents of communication?—I’m going to repeat the number just so the public who doesn’t have a copy—I think some of the testifiers do not have a copy of this communication 231.21. One was a suggestion by Council Member Onishi, and that was—and this is under Section 2-83 Fair Treatment. And in other words, where there’s preventing a conflict of interest, where someone or a member of their immediate family is both an employee and a contractor, or seeking to get a contract with the county, and it would be that they would go and have this reviewed by Board of Ethics. The one qualification that my fellow Council Member Onishi had is that once you got that opinion by the board, and you are later doing substantially the same situation, you don’t have to keep going back. And I think it specifically said, “A board opinion shall continue to satisfy this requirement until a change occurs in the financial interest or role of the County officer, employee, or the officer or employee’s affected immediate family member, in the business or undertaking with which the contract is concerned.” So if there really was some significant change they would go back, but it’s not something that we would have to repeat. The other changes specific to this communication were really clarifications that were requested with the Finance Department. And let me answer the question Mr. Onishi asked. Will you be checking with them and working with them? And yes I did, and they have reviewed it. And one of the specific things is that they really wanted the—was their concern also with the effective date. And the effective date would now be July 1, 2016, so Page 26 Hawaiʻi County Council-24 October 20, 2015 that those who might be in this position could then come forward right now and have time to go to the Board of Ethics and not, you know having it sort of like— well doing it right now and it’s making this effective immediately. I think those were—then I do want to just—and I think this is part of the change or concerns that was really in terms of the wording and about when is this conflict or concern about conflict of interest triggered? And I want to say to Mr. Pierce, I think that the whole idea here is—I don’t feel that I’m caving in here. And so instead of it being 10,000 or 50,000, and instead of having a blanket prohibition against somebody wearing two hats, both employee hat and a contractor hat, and that we have two duties, one is ethical standards, and the other is fiscal responsibility. Now I view that ethical standards trump the fiscal, but if we can up with a balance where we’re really looking at and providing for both of those, that is the optimum. And that’s why I think this isn’t some response to some concerns that was raised by Council Member Paleka and Council Member Chung. It’s okay, let’s do it, where we really have it out for the public to see what’s going on. And I will say to the public, that I’m going to monitor this and see how it goes. And I’ll just take an extra minute here if I can. And if there is a problem, I would come back on that. But I just wanted to explain because I don’t think the members of the public had this amendment and might not have it. So I will yield at this time, and if there are questions on the amendment then I’ll answer them, otherwise if we can go on to the general vote. CHR. KANUHA: Thank you, Ms. Wille. Mr. Onishi, on the amendment. MR. ONISHI: I just want to say Ms. Wille, thank you very much it looks great. I’ll support it. CHR. KANUHA: Thank you, Mr. Onishi. Any other discussion? Mr. Paleka. MR. PALEKA: I just wanted to comment, because there was a testimony regarding the enforcement of this. And I wanted to applaud Margaret on the— section (c)(2) at the bottom, “A contract shall be void if an officer or employee fails to comply,” with the above, which I think does put that assurance in there. Job well done, Margaret. Thank you. CHR. KANUHA: Thank you, Mr. Paleka. Any other discussion, Council Members? Hearing or seeing none, all in favor of amending Bill 37, Draft 4, with the contents of 231.21 say “aye.” Page 27 Hawaiʻi County Council-24 October 20, 2015 Vote on Motion to The motion to amend Bill 37, Draft 4, with the contents of Amend: Comm. 231.21 was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Now on to the main motion as amended. Ms. Wille. MS. WILLE: Yes. And I wanted to just stress again, I feel this is an improved bill. I don’t feel—I think there was some suggestion maybe in the newspaper, that maybe we were really lessening it. And unless the standard—I actually think I could have passed it by four maybe, but I felt the suggestions were good, and that if we could take into account both of those responsibilities, the ethical treatment—ethically being sure that there’s fair treatment. In other words, not bias or preferential treatment of a County employee, and at the same time, doing best what we can do—fiscal responsibility, that’s a win-win. And I think that, you know, I’m really into the whole transparency, public awareness, and let’s get it all out there. And again, this is nothing—no law is a done deal. If we need more, it’s basically a bunch of signatures away, and we can work on that. But I think this is a good step forward and I’d really like to get this started with Mayor Kenoi, raising concerns, and then it was with last term, and I urge your support. CHR. KANUHA: Thank you, Ms. Wille. Ms. Eoff. MS. EOFF: Thank you, Mr. Chair. Yes, this has been quite a journey, but when this came forward from the administration last term, I did support it. But the reason why it didn’t pass that term, was basically majority of the Council Members were worried that in some situations, the County wouldn’t get the best financial benefit to the public, if we would have adopted it. So I think what you and we have helped here to accomplish is what you stated, that we’ve balanced ethical standards with financial benefits to the public. And there’s enough built in cautions in here, that I think it does raise the level of trust in government and our ethical standards. Thank you. CHR. KANUHA: Thank you, Ms. Eoff. Council Members, any other discussion? Yeah, just briefly, I appreciate this, you know, you actually got everybody’s concerns put down in here, and to make it compatible with everybody’s wishes basically. So I’m appreciative of that. I supported in the beginning, and really job well done. Okay, hearing no other discussion, all in favor of Bill 37 Draft 4 as amended say “aye.” Page 28 Hawaiʻi County Council-24 October 20, 2015 Vote on Bill 37 The motion to pass Bill 37, as amended to Draft 5, on first (Draft 5): reading was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Mr. Clerk, can we go to Resolution 295? Res. 295-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL FOR THE 2015 HAWAI‘I ISLAND VETERANS DAY PARADE Transfers $500 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 489 Intr. by: Mr. Chung Motion to Approve: Mr. Chung moved to adopt Res. 295-15. Seconded by Mr. Paleka. CHR. KANUHA: Mr. Chung. MR. CHUNG: You heard everything from Ms. Lewis, we’re just trying to support that parade. Thank you. CHR. KANUHA: Thank you, Mr. Chung. Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chairman. I just want to commend Council Member Chung because it was him who did the template for this resolution, and did the hard work and ground work to make this happen. So I just agreed with him and pretty much followed his leadership. So thank you. CHR. KANUHA: Thank you, Mr. Ilagan. Any other discussion, Council Members? Okay, hearing or seeing none, all in favor say “aye.” Page 29 Hawaiʻi County Council-24 October 20, 2015 Vote on Res. 295-15: The motion to adopt Res. 295-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Resolution 296. Res. 296-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST WITH EXPENSES RELATED TO THE 2015 HAWAI‘I ISLAND VETERANS DAY PARADE Transfers $500 from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits to the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 490 Intr. by: Mr. Onishi Motion to Approve: Mr. Onishi moved to adopt Res. 296-15. Seconded by Mr. Paleka. CHR. KANUHA: Go right ahead, Mr. Onishi. MR. ONISHI: Just asking for support. Thanks. CHR. KANUHA: Any other discussion? Hearing or seeing none, all in favor say “aye.” Vote on Res. 296-15: The motion to adopt Res. 296-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. Page 30 Hawaiʻi County Council-24 October 20, 2015 CHR. KANUHA: Motion passes. Resolution 297. Res. 297-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL FOR THE 2015 HAWAI‘I ISLAND VETERANS DAY PARADE Transfers $500 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 491 Intr. by: Mr. Ilagan Vote on Res. 297-15: Mr. Ilagan moved to adopt Res. 297-15. Seconded by (Adopted) Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Mr. Clerk, Res. 298. Res. 298-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HAWAI‘I COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR PROMOTIONAL EVENTS FOR THE GLOBAL VIRTUAL STUDIO TRANSMEDIA ACCELERATOR PROGRAM Transfers $5,000 from the Clerk-Council Services – Contingency Relief account (Council District 8); and credits to the Research and Development, Big Island Film Office account. Funds will be used to facilitate workshops, seminars, and showcase events at Honua Studios in Kailua-Kona. Reference: Comm. 492 Intr. by: Ms. Eoff Motion to Approve: Ms. Eoff moved to adopt Res. 298-15. Seconded by Ms. David. CHR. KANUHA: Ms. Eoff. Page 31 Hawaiʻi County Council-24 October 20, 2015 MS. EOFF: Okay, thank you. I just wanted to thank Nicole for staying and listening this morning, and for your testimony, and updating us. The prospects that you folks are undertaking and the successes are very exciting, and I thank you for all your work. I’m glad I can help. CHR. KANUHA: Thank you, Ms. Eoff. Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chair. I do have a question, if you don’t mind. I just wanted to ask about—you’re saying you’re going to the second round? And how does the—I guess what’s the process of choosing the seven new businesses, or has that already been made? CHR. KANUHA: Yeah, you can up. And again, say your name for the record. (Note: At this time, GVS Accelerator representative Nicole Nietz came forward to address the members of the Council.) MS. NIETZ: Nicole Nietz. Aloha. They’re selected, it is a public-private program, the accelerator program itself. And so the development fund, which is the funding mechanism, it’s the one actually making the selections of the companies that go the through the cycle. For the second round, they have just been sele cted, and then our third round begins next year about this time. MR. ILAGAN: So where would they go for the application form? On your website, I’m guessing? MS. NIETZ: On our website, at www.gbsacceletator.com. MR. ILAGAN: And when would be the deadline for those third round applications? MS. NIETZ: We’ll have our application process next summer. It would probably begin late July early August, and go through the month of August. MR. ILAGAN: Okay, thank you. CHR. KANUHA: Thank you, Mr. Ilagan. Mr. Paleka. MR. PALEKA: Hi, Nicole. I was really impressed and excited about the incubator and its expansion. You had mentioned the three continents that your fiber optic and connections are current—what are the continents you’re currently connecting right now? MS. NIETZ: Certainly. North America, Europe, and the UK (United Kingdom), and Asia as well. Page 32 Hawaiʻi County Council-24 October 20, 2015 MR. PALEKA: You’re up in Asia? MS. NIETZ: Yeah MR. PALEKA: Okay, thank you. We’ll see how we can assist, but thank you for all your work you do. MS. NIETZ: Mahalo Nui. CHR. KANUHA: Thank you, Mr. Paleka. Any other discussion, Council Members? Okay, hearing or seeing none, all in favor say “aye.” Vote on Res. 298-15: The motion to adopt Res. 298-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion pass. Mr. Clerk, can I go down to Resolution 302? Res. 302-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO LAŌPUA 2020 FOR THE 2016 PRINCE KŪHIŌ HOʻIʻʻOLAULEʻA Transfers $3,500 from the Clerk-Council Services – Contingency Relief account (Council District 8); and credits to the Liquor Control, Public Programs account. The Ho‘olaule‘a is scheduled for March 26, 2016, at the West Hawai‘i Community Health Center and the LaŌpuʻiʻa Community Center. Reference: Comm. 501 Intr. by: Ms. Eoff Motion to Approve: Ms. Eoff moved to adopt Res. 302-15. Seconded by Mr. Paleka. CHR. KANUHA: Ms. Eoff. MS. EOFF: Thank you, Mr. Chair. And thank you, Mr. Kahui Bo for all the work that you continue to do for this community. I hope to be able to attend the gathering again and just wish you luck. Page 33 Hawaiʻi County Council-24 October 20, 2015 CHR. KANUHA: Thank you, Ms. Eoff. Any other discussion, Council Members? Hearing or seeing none, all in favor say “aye.” Vote on Res. 302-15: The motion to adopt Res. 302-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Can we do Resolution 303? Res. 303-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE WEST HAWAI‘I VETERANS CEMETERY DEVELOPMENT AND EXPANSION ASSOCIATION, INC., TO PURCHASE OUTDOOR FURNITURE AND EQUIPMENT FOR THE WEST HAWAI‘I VETERANS CEMETERY Transfers $10,000 from the Clerk-Council Services – Contingency Relief account (Council District 8); and credits to the Parks and Recreation Administration, Other Current Expenses account. Reference: Comm. 502 Intr. by: Ms. Eoff Motion to Approve: Ms. Eoff moved to adopt Res. 303-15. Seconded by Ms. David. CHR. KANUHA: Ms. Eoff. MS. EOFF: Thank you. Council Members, I just ask for your support. The Veterans Cemetery really needs this equipment. I actually wanted to help them to do a permanent shade extension off of the building that’s there, but that’s going to take a little longer because we have to go through three layers of government, Federal, State, and County. But for now, at least they don’t have to borrow so much equipment, they’ll have something stashed to put up during their ceremonies, and for services there. Thank you. CHR. KANUHA: Thank you, Ms. Eoff. Any other discussion, Council Members? Okay, hearing or seeing none, all in favor say “aye.” Page 34 Hawaiʻi County Council-24 October 20, 2015 Vote on Res. 303-15: The motion to adopt Res. 303-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Mr. Clerk, can I do Bill 90, Draft 3, it’s pretty far back. Bill 90 AMENDS CHAPTER 2, ARTICLE 42 OF THE HAWAI‘I COUNTY CODE (Draft 3): 1983 (2005 EDITION, AS AMENDED), RELATING TO PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION Adds language to facilitate the administration of the Public Access, Open Space, and Natural Resources Preservation Maintenance Fund; and to enable the Public Access, Open Space, and Natural Resources Commission to review and evaluate stewardship grant applications associated with the fund. Reference: Comm. 455.7 Intr. by: Ms. Eoff First Reading: October 7, 2015 Motion to Approve: Ms. Eoff moved to pass Bill 90, Draft 3, on second and final reading. Seconded by Ms. David. CHR. KANUHA: Ms. Eoff. MS. EOFF: Thank you, Mr. Chair. We’ve discussed this pretty much, two or three times now, and I want to thank you for working through the amendments with me. I’d like to thank the Open Space Commission for their suggestions and for Parks and Recreation and Finance for all of their input, and help working with us to do this. It’s mainly a structural change, it’s not really changing anything from the Charter or the Code. It’s just clarifying how the grant application process will work from here on out, and giving more duties to the Commissioners to review those grants before Parks and Recreation makes the recommendations on them. And some of the other changes that we work through during the amendments were just either structural or grammatical to make the code section read smoothly. And I see Mr. Ventura is here, if you folks have any questions, but I think we’ve discussed it in Council, at first reading and also in the committee, but I’m opened to questions, and I’m sure Mr. Ventura can answer any that you may have. Page 35 Hawaiʻi County Council-24 October 20, 2015 CHR. KANUHA: Thank you, Ms. Eoff. Council Members, any discussion? Okay, hearing or seeing none, all in favor say “aye.” Vote on Bill 90: The motion to pass Bill 90, Draft 3, on second and final (Draft 3) reading was carried by the following voice vote: (Adopted) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Mr. Clerk, can we do Resolution 304? Res. 304-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE 2015 SURFER’S HEALING HAWAI‘I Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits to the Parks and Recreation Administration, Other Current Expenses account. Funds will be used to purchase T-shirts, refreshments, and supplies for this event. Reference: Comm. 503 Intr. by: Ms. Poindexter Motion to Approve: Ms. Poindexter moved to adopt Res. 304-15. Seconded by Mr. Paleka. CHR. KANUHA: Ms. Poindexter. MS. POINDEXTER: Yeah, I just encourage all of you to support me on this because this is a beautiful event that enriches the lives of children with autism, and their ʻohana. So I ask for your support. CHR. KANUHA: Thank you, Ms. Poindexter. Any other discussion, Council Members? Okay, hearing or seeing none, all in favor say “aye.” Page 36 Hawaiʻi County Council-24 October 20, 2015 Vote on Res. 304-15: The motion to adopt Res. 304-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Can we do Resolution 305? Res. 305-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR EDUCATIONAL WORKSHOPS AND TRAINING CLINICS Transfers $7,000 from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits to the Parks and Recreation Division, Other Current Expenses account. Funds will be used for miscellaneous expenses for these sports training events for athletes, officials, coaches, parents and volunteers. Reference: Comm. 504 Intr. by: Ms. Poindexter Motion to Approve: Ms. Poindexter moved to adopt Res. 305-15. Seconded by Ms. David. CHR. KANUHA: Ms. Poindexter. MS. POINDEXTER: Yeah, I think it’s kind of self-explanatory, I just wanted to say that this is for island-wide events. So thank you, I ask for your support. CHR. KANUHA: Thank you, Ms. Poindexter. Any other discussion? Okay, hearing or seeing none, all in favor say “aye.” Vote on Res. 305-15: The motion to adopt Res. 305-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. Page 37 Hawaiʻi County Council-24 October 20, 2015 CHR. KANUHA: Motion passes. Resolution 306. Res. 306-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE ROTARY DISTRICT 5000 FOUNDATION TO SEND PUNA HIGH SCHOOL STUDENTS TO THE ROTARY YOUTH LEADERSHIP AWARDS CAMP Transfers $700 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Prosecuting Attorney, Other Current Expenses account. The awards camp is scheduled for February 26-28, 2016, at Kīlauea Military Camp. Reference: Comm. 505 Intr. by: Mr. Ilagan Motion to Approve: Mr. Ilagan moved to adopt Res. 306-15. Seconded by Mr. Paleka. CHR. KANUHA: Go right ahead, Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chair. I just simply want to ask Council Members to help me support developing new leaders of tomorrow. Thank you. CHR. KANUHA: Thank you, Mr. Ilagan. Any other discussion? Hearing or seeing none, all in favor say “aye.” Vote on Res. 306-15: The motion to adopt Res. 306-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Resolution 307. Page 38 Hawaiʻi County Council-24 October 20, 2015 Res. 307-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE INTERNATIONAL CHURCH OF THE FOURSQUARE GOSPEL TO ASSIST WITH EXPENSES RELATING TO THE PĀHOA PANTRY AND SOUP KITCHEN Transfers $5,000 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Liquor Control, Public Programs account. Reference: Comm. 506 Intr. by: Mr. Ilagan Motion to Approve: Mr. Ilagan moved to adopt Res. 307-15. Seconded by Mr. Paleka. CHR. KANUHA: Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chair. You heard the testimony, and I hope that the explanation is sufficient. And thank you for your support in helping me feed the people in Puna. CHR. KANUHA: Thank you, Mr. Ilagan. Any other discussion? Mr. Paleka. MR. PALEKA: I also like to lend my support in this—additional funds. This organization has been doing so much for our community, and I wish them all the success continuing forward. CHR. KANUHA: Thank you, Mr. Paleka. Any other discussion? Hearing or seeing none, all in favor say “aye.” Vote on Res. 307-15: The motion to adopt Res. 307-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Resolution 308. Page 39 Hawaiʻi County Council-24 October 20, 2015 Res. 308-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE MATERIALS FOR REPAIRS TO THE COOPER CENTER Transfers $15,000 from the Clerk-Council Services – Contingency Relief account (Council District 6); and credits to the Parks and Recreation Maintenance, Other Current Expenses account. Reference: Comm. 507 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 308-15. Seconded by Mr. Paleka. CHR. KANUHA: Ms. David. MS. DAVID: Yes, mahalo. I’d like to say thank you to Linda Ugalde from the Cooper Center for her testimony, and just ask for my Council Members’ support for those much needed repairs at Cooper Center. Thank you very much. CHR. KANUHA: Thank you, Ms. David. Any other discussion? Okay, hearing or seeing none, all in favor say “aye.” Vote on Res. 308-15: The motion to adopt Res. 308-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Resolution 309. Page 40 Hawaiʻi County Council-24 October 20, 2015 Res. 309-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HAWAI‘I ISLAND ECONOMIC DEVELOPMENT BOARD, INC., TO ASSIST WITH EXPENSES RELATED TO ʻIMILOA ASTRONOMY CENTER OF HAWAI‘I’S SCIENCE PROGRAM Transfers $5,850 from the Clerk-Council Services – Contingency Relief account (Council District 6); and credits to the Research and Development, Business Development account. Funds will be used to assist with transportation costs, entrance fees, curriculum, and development materials for students in District 6. Reference: Comm. 508 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 309-15. Seconded by Mr. Paleka. CHR. KANUHA: Ms. David. MS. DAVID: Yes, thank you. I would like to thank Margaret Shiba for her testimony of this great program, and also my fellow Council people, Danny Paleka and Greggor Ilagan for also supporting this program. Much needed in District 6 for our rural children, and I ask for support. Mahalo. CHR. KANUHA: Thank you, Ms. David. Any other discussion, Council Members? Hearing or seeing none, all in favor say “aye.” Vote on Res. 309-15: The motion to adopt Res. 309-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Before I take a brief recess, Ms. Poindexter and I will have to leave this meeting. And when you come back, Ms. Eoff will lead the discussion for you guys to decide upon who’s going to run the remainder of the meeting. So at this point, I will take a brief five minute recess. Okay, we are in recess. Page 41 Hawaiʻi County Council-24 October 20, 2015 Recess: At 11:39 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 11:49 a.m. Relinquish Chair: At this time, Chair Kanuha relinquished the chair to Ms. Eoff. CHR. PRO-TEM EOFF: Council Members, I’d like to call the meeting back to order, everybody ready? Okay, thank you. So the Chairman and the Vice Chairman have both been excused, so as Finance Chairman I’m acting as Chair Pro-Tem. According to, I believe our Rule 4, we need to select a Chairman to finish the rest of the meeting. So I could suggest that since I’m here, I can continue on in this role and conduct the meeting as Chair, or if you’d prefer to select another Chair. Council Members, any discussion? Mr. Chung. MR. CHUNG: You know, I think you’d be a wonderful Chair today, but you know, why don’t we let Ms. Wille chair? Nobody ever gets to see her at the Chair. Would that be okay? MR. ILAGAN: I’d second that. CHR. PRO-TEM EOFF: Okay. Ms. Wille, are you comfortable with that? MS. WILLE: Yeah, I might need some help—sure. CHR. PRO-TEM EOFF: Okay, Ms. Wille. Should I vote on that then? Take a vote? I’m not sure. MR. HENRICKS: It wouldn’t hurt just to take a vote for the record. CHR. PRO-TEM EOFF: Okay. Well there was a motion by Mr. Chung and a second by Mr. Paleka to select Ms. Wille to act as Chairperson for the remainder of today’s Council meeting. I’ll take a voice vote. All in favor please say “aye.” Vote on Motion to Mr. Chung moved to appoint Ms. Wille to preside as Appoint Chair: Chair. Seconded by Mr. Paleka and carried by the (Approved) following voice vote: Ayes: Council Members Chung, David, Ilagan, Onishi, Paleka Wille, and Chair Pro-Tem Eoff – 7. Noes: None. Absent: Council Members Kanuha and Poindexter – 2. Excused: None. Page 42 Hawaiʻi County Council-24 October 20, 2015 CHR. PRO-TEM EOFF: Okay, Ms. Wille, you may proceed. ACTING CHR. WILLE: Okay, I’m going to go through the rest of the resolutions other than number one first, just in case there are other people particularly looking for— MR. ONISHI: So Madam Chair, I would like to make a motion to go into executive session to consult with our Corporation Counsel. ACTING CHR. WILLE: Yeah, okay. Clerk, can you please read in Resolution 283-15? Return to Order The Acting Chair directed the Council to return to the order of business. of Business: ORDER OF The Acting Chair directed the Council to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. MR. HENRICKS: And then you could actually make a motion, a main motion, and then do that as your subsidiary motion if your secondary motion is to go into executive session. ACTING CHR. WILLE: Okay. Res. 283-15: NOMINATES ENTERPRISE ZONES FOR CONSIDERATION AND DESIGNATION BY THE GOVERNOR OF THE STATE OF HAWAI‘I Requests the Governor designate four new Enterprise Zones in Hawai‘i County, which would provide tax incentives intended to foster economic development and generate employment. The proposed designations, delineated in exhibits to the resolution, are Hāmākua, Hilo-Puna, Kona, and Ka‘ū. Reference: Comm. 471 Intr. by: Mr. Onishi Approve: GREDC-2 Motion to Approve: Mr. Onishi moved to adopt Res. 283-15 and Governmental Relations and Economic Development Committee Report No. 2. Seconded by Mr. Paleka. MR. ONISHI: Okay, Madam Chair may I make a motion to go into executive session, to have our Corporation Counsel give us some information. Page 43 Hawaiʻi County Council-24 October 20, 2015 Motion to Enter into Mr. Onishi moved to enter into Executive Session in order Executive Session: to hold attorney-client privilege discussion regarding Res. 283-15, as authorized by Section 92-5(a)(4) of the Hawaiʻi Revised Statutes. Seconded by Mr. Paleka. ACTING CHR. WILLE: And can you explain your reasoning? MR. ONISHI: There were just some things that were brought up just the other day, and so I wanted to have our Corporation Counsel consult with us to make sure that we’re on legal grounds, or at least to make sure that everything is okay. ACTING CHR. WILLE: Can you let the public know, like what kind of?—I mean this was a big topic. MR. ONISHI: Molly, maybe you can come up, please. (Note: At this time, Corporation Counsel Molly Stebbins came forward to address the members of the Council.) ACTING CHR. WILLE: I just want to share with the public as much as possible. MS. STEBBINS: Good morning, Corporation Counsel Molly Stebbins. Council Member Onishi discussed this with me prior to the meeting. And my understanding is he had some concerns that he wanted to address in executive session, relating to comments that came up at the last Council meeting, that—he had concerns or questions about potential exposure for the Council and the County, based on statements that were made. And I wouldn’t get more specific than that in— ACTING CHR. WILLE: Can you speak a little louder? It’s a little hard to hear you. MS. STEBBINS: That’s about as specific as I want to be in open session. ACTING CHR. WILLE: Okay. All in favor—or any other comments? MR. CHUNG: I have one question. ACTING CHR. WILLE: Okay. MR. CHUNG: Maybe if I can ask Mr. Onishi, I mean these comments were made on the record the last time? MR. ONISHI: Correct. Page 44 Hawaiʻi County Council-24 October 20, 2015 MR. CHUNG: So wouldn’t we already be exposed? So you’re just worried about further comments along those lines? MR. ONISHI: Correct. MR. CHUNG: Okay. ACTING CHR. WILLE: Any other comments or questions? All in favor say “aye.” Vote on Motion to The motion to enter into Executive Session was carried Enter into Executive by the following voice vote: Session: (Approved) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, and Acting Chair Wille – 7. Noes: None. Absent: Council Members Kanuha and Poindexter – 2. Excused: None. ACTING CHR. WILLE: So we’re in executive session. So we need to take a recess for a couple of minutes to move into executive session? Okay. Recess: At 12:03 p.m., the Acting Chair called for a recess. Reconvene: The meeting reconvened at 12:22 p.m. ACTING CHR. WILLE: We’re back in session and we’re out of executive session. We are still on Resolution 283-15, nominates enterprise zones for consideration by the governor. Council Member Onishi has the floor. MR. ONISHI: Thank you, Madam Chair. You know at this time, I would like to make a motion to postpone Resolution 283-15 to November 4, 2015. Motion to Postpone: Mr. Onishi moved to postpone Res. 283-15 to November 4, 2015. Seconded by Ms. David. MR. ONISHI: And why I wanted to postpone it is because there’s people who I’ve talked to who wanted to make comments about the enterprise zone, because they’re involved with the enterprise zone. So they wanted to just make comments about that. They couldn’t make it today because they had other prior th— commitments. They’ll be available for the November 4thank you. ACTING CHR. WILLE: Are there any other comments, Council Members who want to speak? Council Member Chung. Page 45 Hawaiʻi County Council-24 October 20, 2015 MR. CHUNG: Thank you. Based on what I heard in the executive session, you know, I don’t know if those concerns really relate to the establishment of the enterprise zones themselves. And what I would suggest though, I know this is really cryptic because the public doesn’t know what was said in the executive session, but Mr. Onishi brought up some points relating to statements made during the discussion portion during the last Council meeting relating to this. And I guess some statements were made, which raised the hackles of a person to whom these statements were addressed, a certain business within the Hāmākua area. And based on my recollection, they were kind of close to being improper. But you know, I just don’t know how they relate to—I don’t know why we should be holding up something like this. I know this gentleman that Mr. Onishi spoke to wants to have an opportunity to come and speak to the Council. But I’m thinking maybe what we could do is provide him a transcript, because we want to make sure that what he’s getting is the correct statements, because we’re only going on our recollection. But perhaps we could send him a transcript, and he could write a letter to the editor to clarify. I don’t know, but you know, I’ll go with whatever you guys feel is appropriate here. ACTING CHR. WILLE: Council Member Ilagan. MR. ILAGAN: Thank you, Madam Chair. My only question is, by us postponing this, does that hinder the current applicants in the enterprise zone? And I just want to know if they are affected by us postponing it. I don’t know where Ms. Horike is, so I can’t really ask. Oh, go ahead. MR. ONISHI: Okay. So yesterday before I decided to move on with this, I talked to Deputy Director Donn Mende about the urgency of getting this passed. He said there’s no emergency, and Jane is on vacation until the end of October, and so that’s why I talked to Donn. MR. ILAGAN: Then with that, I’m more than open to hear their comments, and I would support this postponement. ACTING CHR. WILLE: Okay. I’m going to call on Mr. Chung, but if somebody who hasn’t spoken—Ms. David. MS. DAVID: Thank you, Chair. I think I would rather wait—and I support the postponement—and wait to have the entire Council beforehand so that we can have the opportunity to have Council Chair Dru Kanuha, and Council Member Valerie Poindexter here to be part of that discussion. So in that respect, I support the postponement. Mahalo. ACTING CHR. WILLE: Council Member Chung. Page 46 Hawaiʻi County Council-24 October 20, 2015 MR. CHUNG: Yeah, I’m okay with that. But again, if we could provide this person a copy of the transcript so that there’s no mistaking what happened and what was said during that time. But in the meantime, actually there might be a good reason for the postponement, I’m still in favor of the establishment of these zones, but I asked this question the last time and quite frankly, I didn’t really get a good answer— ACTING CHR. WILLE: Right. MR. CHUNG: As to the efficacy of these zones. And we had a whole bunch of resource people on Oʻahu, and they weren’t able to answer it either. I want to know, are we just giving tax breaks out without deriving any benefit? We have to get some kind of numbers on this. I mean we know the number of businesses that are availing themselves of these enterprise zone benefits right now, but what we want to know is, how many business over and above what already was in existence prior to the establishments of these zones popped up? And whether they popped up because of the incentives provided by the enterprise zone arrangement. You know, I’d just like to get a better picture as to, you know, what’s happening here, if we’re actually accomplishing what we’re setting out to accomplish. So I don’t know who would be the person to make that request. MR. ONISHI: As I mentioned before, she’s on vacation until the end of the month. ACTING CHR. WILLE: Oh, that’s right. Okay. MR. CHUNG: But I’ll try to talk with Deputy Director Mende, and perhaps they can try to get that from the State. Thank you. MR. ONISHI: I just want to— ACTING CHR. WILLE: Yes, Mr. Onishi. MR. ONISHI: Okay, just to let members know, I tried to bring this up earlier this morning, but I was denied being recognized to bring this forward. So, you know, I know the time is late, but hopefully we could have done this earlier, and then just move on. Thank you. And then the Chair and the Vice Chair would have been here for hearing the discussion. Thank you. ACTING CHR. WILLE: Okay. If no one has anything else, I’m going to make a few comments. Yeah, I support the postponement. I do agree with Council Member Chung, that I would like from R&D (Research and Development) to get some of those numbers. I think one of his questions was how much taxes are being lost? In other words, every time you give a discount to one person, everybody else is making that up. And it does happen, that it’s my district that’s Page 47 Hawaiʻi County Council-24 October 20, 2015 getting no benefit, or South Kohala is getting no benefit. So all of the farmers in my area do not qualify because this program is based on—you qualify by census tract. And I think that’s also, you know, it’s State Planning and I consider it bad planning and not good design. So I’m making those points just because I hope when we bring it up again, that R&D will be able to provide a little more information or the State. And I don’t agree with Council Member Chung, in terms that maybe there’s another venue for this person to come forward. Because even though I totally agree, you know, what the employment status of someone was is not whether you qualify for the enterprise zones. But since it came up here, one should have the opportunity to respond in that same forum in that same manner. So I think it’s good regardless of whether what the issue is. Okay, so all in favor of postponement say “aye.” Vote on Motion to The motion to postpone Res. 283-15 to November 4, 2016 Postpone: was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, and Acting Chair Wille – 7. Noes: None. Absent: Council Members Kanuha and Poindexter – 2. Excused: None. ACTING CHR. WILLE: Okay. So let’s just talk a minute. We’re scheduled to start the next agenda at 1:00. I don’t know how quickly we can run—we do have food available here. Shall we break for lunch for half an hour, and then we’ll go to the committee and then finish up? Or what are your—any suggestions? MR. CHUNG: I suggest we try to plow through. ACTING CHR. WILLE: Plow through. MR. CHUNG: As quickly as we can. ACTING CHR. WILLE: Okay, so can we?—are you all open to a 15-minute lunch? What was that? MS. EOFF: If we can finish Council first, break for lunch, and then if we do have to start the 1:00 committee a few minutes late. Maybe we could— ACTING CHR. WILLE: So you want to proceed right now? Okay, so moving on Mr. Clerk, can you please read in Resolution 293-15? Page 48 Hawaiʻi County Council-24 October 20, 2015 Res. 293-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KA‘Ū RURAL HEALTH COMMUNITY ASSOCIATION, INC., FOR THE TH 5 ANNUAL LANTERN FLOATING CELEBRATION Transfers $3,000 from the Clerk-Council Services – Contingency Relief account (Council District 6); and credits to the Research and Development, Hawai‘i County Resource Center account. Funds would be used to purchase materials for the event. Reference: Comm. 487 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 293-15. Seconded by Mr. Paleka. ACTING CHR. WILLE: Ms. David, you have the floor. MS. DAVID: Mahalo, Chair. I would just like to echo and thank Jessie Marques’ testimony and encourage your support for this resolution. Mahalo. ACTING CHR. WILLE: Thank you. Any other comments? Hearing none, all in favor of Resolution 293-15. Vote on Res. 293-15: The motion to adopt Res. 293-15 was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, and Acting Chair Wille – 7. Noes: None. Absent: Council Members Kanuha and Poindexter – 2. Excused: None. ACTING CHR. WILLE: Clerk, can you read in 294-15? Page 49 Hawaiʻi County Council-24 October 20, 2015 Res. 294-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KA‘Ū RURAL HEALTH COMMUNITY ASSOCIATION, INC., FOR THE BETTER CHOICES, BETTER HEALTH DOMESTIC VIOLENCE SUPPORT GROUP Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 6); and credits to the Prosecuting Attorney Kona, Other Current Expenses account. Funds would be used for CPR/First Aide Certification, Leadership Conference, and travel and lodging expenses. Reference: Comm. 488 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 294-15. Seconded by Mr. Paleka. ACTING CHR. WILLE: Ms. David, you have the floor. MS. DAVID: Mahalo, I would just like to ask for my Council Members’ support on this. Mahalo. ACTING CHR. WILLE: Any other comments? Hearing none, all in favor. Vote on Res. 294-15: The motion to adopt Res. 294-15 was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, and Acting Chair Wille – 7. Noes: None. Absent: Council Members Kanuha and Poindexter – 2. Excused: None. ACTING CHR. WILLE: Resolution 299-15, Clerk—thank you, 299. Res. 299-15: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $1,796.68 TO THE DEPARTMENT OF PARKS AND RECREATION Donated by Kamaʻaina Kids to assist with the repair of Waiākea Uka Gym. Reference: Comm. 496 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 299-15. Seconded by Ms. David. Page 50 Hawaiʻi County Council-24 October 20, 2015 ACTING CHR. WILLE: Ms. Eoff, you have the floor. MS. EOFF: Thank you. Just to note that correction that Mr. Onishi noticed from last time was taken care of. Thank you. ACTING CHR. WILLE: Was what, Ms. Eoff? MS. EOFF: Taken care of. There was just a typo on the letter. ACTING CHR. WILLE: Okay. Any other comments? MR. ONISHI: Yes. Yeah and my staff did contact P and R (Parks and Recreation) to be here, but I guess there’s no one in Hilo. Is there anybody in Hilo from P and R? But I just wanted to say thank you because this gym got burnt like awhile back, and they are looking at repairing it. And construction should start I think by the end of this month and should be done by summer, by June. So I really appreciate that Kamaʻaina Kids donated some money to repair the gym, and so I just wanted to say thank you. One question I was going to ask P and R was that how did this relationship happen? Because Kamaʻaina Kids usually works out of the schools like A-plus, right? And then they have like also summer programs, so I was like, you know, interested in how this had happened. But I really want to thank them for donating the money. Thank you. ACTING CHR. WILLE: Thank you, Council Member Onishi. Any other comments? Hearing none, all in favor of Resolution 299-15. Vote on Res. 299-15: The motion to adopt Res. 299-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, and Acting Chair Wille – 7. Noes: None. Absent: Council Members Kanuha and Poindexter – 2. Excused: None. ACTING CHR. WILLE: Mr. Clerk, could you read in Resolution 300-15? Page 51 Hawaiʻi County Council-24 October 20, 2015 Res. 300-15: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTIFUNCTION, LARGE CAPACITY COPIER FOR THE OFFICE OF THE PROSECUTING ATTORNEY Authorizes the Mayor to enter into a five-year lease agreement for a copier in the Department’s Kona office, at an approximate cost of $875 per month. Reference: Comm. 499 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 300-15. Seconded by Mr. Paleka. ACTING CHR. WILLE: Ms. Eoff, you have the floor. MS. EOFF: No comment, thank you. But I think we should support this, we usually do waive copiers straight to Council. ACTING CHR. WILLE: Okay, any other comments? Hearing none, all in favor? Vote on Res. 300-15: The motion to adopt Res. 300-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, and Acting Chair Wille – 7. Noes: None. Absent: Council Members Kanuha and Poindexter – 2. Excused: None. ACTING CHR. WILLE: Okay. Mr. Clerk, can you read in Resolution 301-15? Res. 301-15: APPROVES A LEGISLATIVE PROPOSAL FOR INCLUSION IN THE 2016 HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC) LEGISLATIVE PACKAGE Requests that the HSAC package include “A Bill For An Act Relating To Zoning,” which distinguishes single-family residential use from single-family vacation rental use. Reference: Comm. 500 Intr. by: Mr. Onishi Waived: GREDC Motion to Approve: Mr. Onishi moved to adopt Res. 301-15. Seconded by Mr. Paleka. Page 52 Hawaiʻi County Council-24 October 20, 2015 ACTING CHR. WILLE: Mr. Onishi, you got the floor. MR. ONISHI: Thank you. Yeah this is a HSAC (Hawaiʻi State Association of Counties) proposal, and it’s coming out of Kauaʻi, from Council Chair Mel Rapoza. We did have this last proposal last session, but it didn’t move out of the State Legislature, it got differed I guess. But then—maybe I can have Bobby come up. And I think last year what I did is, I sent an email to Planning to ask them if we had any concern, or if this would this be a good legislation, right? And so it’s now coming back up again. So do you have any comments? (Note: At this time, Deputy Planning Director Bobby Command came forward to address the members of the Council.) MR. COMMAND: Bobby Command Deputy Planning Director. I don’t have any comments on this, I haven’t had the opportunity to look at anything that was submitted to us. I think you also communicated with Chairman Kanuha, who said that we really don’t have any background. So to use one of your terms, I think we’re kind of kānalua on this one right now. MR. ONISHI: But then do we have like situations that come up? Do you folks get a lot of complaints about TVR’s (Trusted Vacation Rentals)? MR. COMMAND: Let’s just say that I believe that it will be an issue in the future. Just personally speaking from my own experience, there’s one in my community, and I have questions over it, and I’m the Deputy Planning Director. And I’m kind of scratching my head going, what’s going on up there? So I mean it is an issue that I think the Planning Department should probably vet before we make any decisions one way or the other on it. But they are out there. MR. ONISHI: Because to my understanding, going to the HSAC meetings, like Kauaʻi, they have a major problem with that. Maui yeah, Oʻahu yeah, you know? But for the Big Island, like for me, I haven’t received any calls from anyone from the public about complaints about a TVR. So you know, I was thinking like okay, for us, it’s not as bad, but— MR. COMMAND: Immediately I understand it’s a very big issue on Kauaʻi. MR. ONISHI: Yeah, so that’s why they’re really pushing it. And then just to explain what happen last session, was that Council Member Rapozo wasn’t going to the legislature enough to lobby. So at certain committees, they had questions about why he was asking for the counties to get more power into this, right? And so it was never answered, so that’s why they deferred it. So I’m hoping that this year’s upcoming session, Council Member Rapozo is going be there more often to explain to the legislators and educate them of what problems they are facing. So Page 53 Hawaiʻi County Council-24 October 20, 2015 hopefully they can side with this HSAC package. But any other comments, Bobby? MR. COMMAND: No. MR. ONISHI: Okay. Thank you. ACTING CHR. WILLE: Council Member Ilagan. MR. ILAGAN: Thank you, Madam Chair. I’m not fully familiar with it happening last time, so I can’t speak on that. But right now, it’s in front of us and this resolution, as much as I want to help out Kauaʻi, it’s something I cannot support. I do want to learn more on what’s happening, but at this time, I can’t support it. Thank you. MR. COMMAND: I’m sorry, just a point here. I can hardly understand what you’re saying actually. Your mic is just a little bit soft. Is it just me or?— ACTING CHR. WILLE: Maybe also speak closer to the mic. Closer or further away. MR. ILAGAN: Hold on, this thing jumps like a fire cracker, so hold on. See? So I hate to just move it. ACTING CHR. WILLE: That’s better. MR. ILAGAN: Is that better? ACTING CHR. WILLE: Much better. MR. ILAGAN: Okay. I just wanted to say that I don’t know what had happened in the previous attempt with HSAC, this is my first time hearing of this. I’m not really too sure on what’s going on regarding this issue, but at this time, I can’t support it. I would like to know more. I feel like voting in favor of this will affect a lot of residents, and I don’t feel comfortable voting yes on it right now. ACTING CHR. WILLE: I have a comment if—oh, Ms. Eoff. MS. EOFF: I have a question for Mr. Command. If the legislature were to adopt this, would it just afford the counties, like a home-rule power, to enact legislation? Or would it automatically apply to all counties? MR. COMMAND: I’m not sure about this particular issue. Maybe Mr. Onishi has some idea about what it’s about. Page 54 Hawaiʻi County Council-24 October 20, 2015 MR. ONISHI: If you look at the proposed bill on the back of description, kind of tells you what it’s about. It’s just clarifying the counties zoning, right? By distinguishing single-family. MS. EOFF: Right, but the underline says, “and provided further that a zoning ordinance may provide for the amortization or phasing out of nonconforming single-family transient vacation rental units over a reasonable period of time in an area of any zoning classification.” So I don’t know how to understand that. If that means that we can do this, or we have to do this too? All counties do this? MR. COMMAND: I would guess it would depend on what the legislation at the State level would say. I think for the Planning Department, it would be worthwhile to be proactive about this, number one. And number two, I think that it be worthwhile for us to probably vet whatever is being proposed. I don’t know exactly what that is because the only thing I really have is what’s on the agenda right now. MR. ONISHI: Bobby, you want to look at this? MR. COMMAND: Sure. ACTING CHR. WILLE: Yes, Council Member Chung. MR. CHUNG: I don’t know if this would be considered a point of information, or maybe if Mr. Onishi can, in two minutes or less, explain what this thing is all about. Because I think the general public, who might be watching this will have no idea what we’re talking about because quite frankly, I don’t have much of an idea. In two minutes or less. MR. ONISHI: Well like I mentioned before, so this proposed legislation is to have the State give the counties a little bit more power in that zoning process or the single-family dwellings. And what does it say behind there also, Bobby, on the back part of the description? It says basically, clarifying the County’s zoning authority. It is distinguishing single-family residential use from single-family vacation rental use. ACTING CHR. WILLE: Let me say, I do think this is a problem in my district. And when I say this, I want to clarify what I’m saying this is, because it really isn’t what is in this resolution. This is—that a lot of homes, people are using them as bed and breakfast, and they’re just being taxed and otherwise treated as a single-family residence. So what this would do would basically allow one to split those into two different categories. When I say this is a problem in my district, it’s that there are a lot of people using their homes as a bed and breakfast or like on a short-term rental basis, a room or otherwise. Frankly, I don’t really have a Page 55 Hawaiʻi County Council-24 October 20, 2015 problem with that, but many of them, and I don’t know what the estimated percentage is, are not paying the transient accommodation tax. So one issue is, and I think at least in some areas, the hotels are opposed to this because then it provides lower cost housing and rental here. And you all can make your own decision whether you think that’s bad or good, to have more availability. People are doing it, as I see some of the people because they can’t afford their house anymore, and this enables them to do it. My problem is that they’re not paying the transient accommodation tax or the GE (General Excise) tax, and therefore, they’re not providing—and I got quite a few people in my district that are being responsible, and are paying that, and having to charge more, and are being responsible. And yet we are not doing it. And when I checked, I spoke to the Finance Department about it too. You know, basically they’re not really overseeing it, and so this large number are not doing that. Let me add one thing that I think is really important, although it isn’t exactly on point, is our TAT is capped. Anymore that we do and work to bring that in, our County isn’t benefiting, and I am going to the TAT meeting tomorrow in Honolulu. But my only thing here is that really, it’s a bigger issue than what’s in here. And if you are supporting this, you’re basically saying I agree that the County can separate into two classifications, the single-family residence and what they do with that, you know, that’s up to the County. I happen to not be opposed to people doing it, but I do think that we’re not regulating that. And that’s what issue’s come up with some of the people in my district, and then we’re not enforcing it. If you were to go on the internet, and start reading all of the ads down, and then you took the list of who’s paying TAT, you’re going to see that there’s not a good overlap there. So that’s the experience in my district. So I don’t know how we want to proceed on this bill. Any other comments? MR. PALEKA: Madam Chair? ACTING CHR. WILLE: Mr. Paleka. MR. PALEKA: Thank you. The provision, it’s underlined on page three, is the major factors, “and provided further the zoning ordinance may provide for the amortization or phasing out of nonconforming single-family transient vacation rental units over a reasonable period of time,” I think is the real crux of this issue, specifically with this resolution. In the broader sense, being a transient accommodation tax payer, I agree with Madam Chair’s verbalization that there’s a bigger picture here also. There are organizations that do provide, and I’m all for people making it, trying to cover their mortgages in supplementing their income to pay for their homes. Disparity or the equality is on paying the taxes that should be borne by all, if you’re doing that type or participating in that type of business activity. We Page 56 Hawaiʻi County Council-24 October 20, 2015 should all pay. But what I’m concerned with, even on a greater sense, or in a broader scope, is the organizations that do the advertising and are not paying, but are collecting. I don’t want to name organizations or internet providers, but if the homeowners are going to be required to pay taxes, then those entities too, that do cash in on those rentals, they should also be paying Hawaiʻi taxes. And it’s become an issue in different parts of the country. So this issue needs to be well looked at. It should be fair for all. I don’t want to discourage the activity, but it should be fair for everyone. ACTING CHR. WILLE: Okay, I need to cut you off just a minute. Jon? MR. HENRICKS: I sincerely apologize, but we do need to replenish our recording tapes right now at this time, so we need a five-minute break. MR. PALEKA: I’m pretty much done, Madam Chair, but just to have that considered also. Thank you. Recess: At 12:58 p.m., the Acting Chair called for a recess. Reconvene: The meeting reconvened at 1:05 p.m. ACTING CHR. WILLE: And we are now on 301-15. Mr. Onishi, you have the floor. What do you want to do? MR. ONISHI: I just want our Council Members to support this. As I mentioned before, this came to us last year and we approved it. And basically, we’re just helping out Kauaʻi, to help them solve their major problem on their island. So I’m asking for your support, thanks. ACTING CHR. WILLE: Ms. David. MS. DAVID: Yes, just one quick question, Chair to Mr. Onishi. If we do not act on this, how does that affect—is this the legislative package that goes through HSAC? MR. ONISHI: Yeah, so if we vote this down it dies. MS. DAVID: So it will not be included in the HSAC package? MR. ONISHI: Correct, yes. MS. DAVID: And this is what they’re asking us to support? MR. ONISHI: Yes, correct. Page 57 Hawaiʻi County Council-24 October 20, 2015 MS. DAVID: Okay, great. Thank you. ACTING CHR. WILLE: Yes, Council Member Ilagan. MR. ILAGAN: Thank you, Madam Chair. First of all, I just want to say the purpose of HSAC is that collectively, as the counties, we’re lobbying the State because we’re affected, all the counties or majority of the counties are affected. And TAT was mentioned regarding the zoning, this does not affect the legislature giving our fair share on TAT. That’s a separate issue. Now regarding the vacation rentals paying their fair share of TAT, I believe any income that they get from this, regardless of the zoning and their—everything else then filing a GE tax and filing a TA-1 tax, that’s their prerogative, that’s on them on doing that. Now what’s enforcing for them to do it? I bet you majority of the people are law abiding citizens who want to fill that out, so perception of saying that they’re not, I want to say majority of them are. Now if we want to get our fair share of TAT, we should lobby on TAT, not choose this as leverage because we won’t get the result that we want. I feel this is more of—if we have an issue regarding quality of life around the residents who’s impacted, because there’s somebody living there, then we should tackle this issue that way. This should not be tackled in the sense of we need to tax more people. We need to add another layer of bureaucracy regarding our zoning side, and compliance of that. That’s not how I look at this. That’s why I don’t want to support this because I don’t have the information that I need. I really need to study this a lot more, and is this right way to do it? Maybe for Kauaʻi, if they could have sent somebody down to explain it a little bit more, I’d be supportive of it. But currently, with points that were made by this Council, I can’t support it. That’s just where I’m at, and I just have to voice that out because I feel there are law abiding citizens who are paying TAT. And they’re also providing tourism dollars to the County, because they’re bringing people in as an option for them to stay here in Hawaiʻi instead of the hotel accommodations. So I just wanted to voice that out. Thank you. ACTING CHR. WILLE: Okay, I’d like to hear from anyone else who has a comment. Okay, I’ll make a very quick comment. I want to say, I agree with much of what Council Member Ilagan said. And to clarify that the TAT is a related, but it is a completely separate issue and we need to address that separately. I do want to stress that the problems that are being dealt with one way or another, one way being in this resolution is also does exist on this island at least in North and South Kohala. I’m unsure about this, I mean I really wish HSAC were effective in many ways. And I feel—it seems like for this to be one of the keys things that we’re bringing forward with HSAC, I wonder about how well HSAC is functioning. But okay, I’m going to let it go at that, and I’m going to move on to, let’s vote on this. Shall we do a roll call on it? Page 58 Hawaiʻi County Council-24 October 20, 2015 Vote on Res. 301-15: The motion to adopt Res. 301-15 was carried by the following (Adopted) roll call vote: Ayes: Council Members Chung, David, Eoff, Onishi, Paleka, and Acting Chair Wille – 6. Noes: Council Member Ilagan –1. Absent: Council Members Kanuha and Poindexter – 2. Excused: None. BILLS FOR The Acting Chair directed the Council to proceed to the next order of business, ORDINANCES Bills for Ordinances (First Reading). (FIRST READING): (Note: Items in this category were taken up previously, out of order.) Bill 91: AMENDS ORDINANCE NO. 05-74 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL – 1 ACRE (A-1a) AND RESORT-HOTEL – 1,250 SQUARE FEET (V-1.25) TO MULTIPLE FAMILY RESIDENTIAL – 2,500 ST SQUARE FEET (RM-2.5) AT AUHAUKEAE 1, NORTH KONA, HAWAI‘I, COVERED BY TMK: 7-5-009:067 (PREVIOUSLY INCLUDED A PORTION OF PARCEL 54) (Applicant: Kukui Development, LLC) (Area: 6.27 Acres) The Leeward Planning Commission forwards its favorable recommendation for this amendment, which would allow a ten-year time extension to Condition C, time to complete construction. Reference: Comm. 467 Intr. by: Mr. Ilagan (B/R) Approve: PC-28 Vote on Bill 91: Mr. Ilagan moved to pass Bill 91 on first reading and (Approved) adopt Planning Committee Report No. 28. Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, and Acting Chair Wille – 7. Noes: None. Absent: Council Members Kanuha and Poindexter – 2. Excused: None. ACTING CHR. WILLE: Bill 92, Mr. Clerk. Page 59 Hawaiʻi County Council-24 October 20, 2015 Bill 92: AMENDS SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL – TWENTY ACRES (A˗20a) TO AGRICULTURAL – SEVEN ACRES (A-7a) AT KALOKO, NORTH KONA, HAWAI‘I, COVERED BY TMK: 7-3-026:003 (Applicant: Jean A. Lorant Trust) (Area: 21.095 acres) The Leeward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to subdivide the property into two parcels. The applicant states that these lots are intended to be residential/agricultural lots for the respective successors of the trust. Reference: Comm. 468 Intr. by: Mr. Ilagan (B/R) Approve: PC-29 Vote on Bill 92: Mr. Ilagan moved to pass Bill 92 on first reading and (Approved) adopt Planning Committee Report No. 29. Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, and Acting Chair Wille – 7. Noes: None. Absent: Council Members Kanuha and Poindexter – 2. Excused: None. ACTING CHR. WILLE: Bill 93, Mr. Clerk. Bill 93: AMENDS SECTION 25-8-33 (CITY OF HILO AREA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL – TWENTY ACRES (A-20a) TO FAMILY AGRICULTURAL – THREE ACRES (FA-3a) AT KAŪMANA HOMESTEADS, SOUTH HILO, HAWAI‘I, COVERED BY TMK: 2-5-003:024 (Applicants: Mark and Kim Rodrigues) (Area: 25.003 acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to subdivide the property into five parcels. The applicants stated they intend to retain two lots and convey the remaining three lots to their three children. Reference: Comm. 473 Intr. by: Mr. Ilagan (B/R) Approve: PC-30 Page 60 Hawaiʻi County Council-24 October 20, 2015 Vote on Bill 93: Mr. Ilagan moved to pass Bill 93 on first reading and (Approved) adopt Planning Committee Report No. 30. Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, and Acting Chair Wille – 7. Noes: None. Absent: Council Members Kanuha and Poindexter – 2. Excused: None. ACTING CHR. WILLE: Mr. Clerk, Bill 94. Bill 94: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Adds portion of Kalawa Street to Schedule 28 (No parking at anytime), Subsection (f), Kona. Reference: Comm. 477 Intr. by: Ms. Poindexter Approve: PWPRC-16 Vote on Bill 94: Mr. Ilagan moved to pass Bill 94 on first reading and adopt (Approved) Public Works and Parks and Recreation Committee Report No. 16. Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, and Acting Chair Wille – 7. Noes: None. Absent: Council Members Kanuha and Poindexter – 2. Excused: None. ACTING CHR. WILLE: Bill 95, Mr. Clerk. Page 61 Hawaiʻi County Council-24 October 20, 2015 Bill 95: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Amends provision in Schedule 5 (35 mph limit) and adds provision to Schedule 3 (25 mph limit), both for portions of Kawailani Street, Subsection (c), South Hilo, to relocate a 35 mph speed limit sign to allow for a future driveway. Reference: Comm. 478 Intr. by: Ms. Poindexter Approve: PWPRC-17 Vote on Bill 95: Mr. Ilagan moved to pass Bill 95 on first reading and (Approved) adopt Public Works and Parks and Recreation Committee Report No. 17. Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, and Acting Chair Wille – 7. Noes: None. Absent: Council Members Kanuha and Poindexter – 2. Excused: None. ACTING CHR. WILLE: Mr. Clerk, Bill 103. Bill 103: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Increases revenues in the Federal Grants – State Homeland Security Program Fiscal Year (FY) 2015 account ($360,000); and appropriates the same to the State Homeland Security Program FY 2015 account. Funds would be used with existing funds towards the purchase of specialized equipment to enhance the capability of state and county agencies to prevent and respond to incidents of terrorism and other hazards. Reference: Comm. 497 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to pass Bill 103 on first reading. Seconded by Ms. David. ACTING CHR. WILLE: Ms. Eoff, you have the floor. Page 62 Hawaiʻi County Council-24 October 20, 2015 MS. EOFF: Thank you. I just urge our support for this. It also affords emergency response to catastrophic incidents, so it’s not just terrorism. ACTING CHR. WILLE: Any other comments? Hearing none, all in favor? Vote on Bill 103: The motion to pass Bill 103 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, and Acting Chair Wille – 7. Noes: None. Absent: Council Members Kanuha and Poindexter – 2. Excused: None. ACTING CHR. WILLE: Mr. Clerk, can you have Bill 104 read in? Bill 104: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Appropriates revenues in the Fund Balance From Previous Year – Designated account ($6.64); and appropriates the same to the Kohala Ranch Project 4 account. The funds would be maintained separately and expended in accordance to the requirements of their respective housing agreements. Reference: Comm. 498 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to pass Bill 104 on first reading. Seconded by Ms. David. ACTING CHR. WILLE: Ms. Eoff. MS. EOFF: I believe this is just housekeeping. ACTING CHR. WILLE: Okay, no other comments. All in favor? Vote on Bill 104: The motion to pass Bill 104 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, and Acting Chair Wille – 7. Noes: None. Absent: Council Members Kanuha and Poindexter – 2. Excused: None. Page 63 Hawaiʻi County Council-24 October 20, 2015 ACTING CHR. WILLE: Mr. Clerk, Bill 105. Bill 105: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Increases revenues in the Federal Grants – Department of Health (DOH) Complete Streets-Federal Grant account ($35,000); and appropriates the same to the DOH Complete Streets-Federal Grant account. Funds would be used with existing funds to allow staff within the Planning Department to attend Complete Streets training. Reference: Comm. 510 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to pass Bill 105 on first reading. Seconded by Mr. Paleka. ACTING CHR. WILLE: Ms. Eoff. MS. EOFF: I believe this is a training and our Planning Department has hired a consultant to develop a complete streets manual for this island. So I think this is part of that process. ACTING CHR. WILLE: Any other comments? Hearing none, all in favor? Vote on Bill 105: The motion to pass Bill 105 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, and Acting Chair Wille – 7. Noes: None. Absent: Council Members Kanuha and Poindexter – 2. Excused: None. ACTING CHR. WILLE: Mr. Clerk, Bill 106. Page 64 Hawaiʻi County Council-24 October 20, 2015 Bill 106: AMENDS ORDINANCE NO. 15-58, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2015, TO JUNE 30, 2016 Adds the Haihai Fire Station (Kawailani Station Replacement) project for $6 million to the Capital Budget. Funds for the project shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or other Sources ($6 million). Funds would be used to replace the current facility, which will be negatively affected by Kawailani Street road improvements. Reference: Comm. 511 Intr. by: Ms. Eoff Waived: FC Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Motion to Approve: Ms. Eoff moved to pass Bill 106 on first reading. Seconded by Ms. David. ACTING CHR. WILLE: Ms. Eoff. MS. EOFF: Thank you. We were asked to waive this, it’s kind of urgent that we move forward on this, and I believe that Chief Rosario is in Hilo if we have questions. ACTING CHR. WILLE: Do we have any questions or comments or not? Mr. Chung. MR. CHUNG: Sorry, Madam Chairman, you know, we were on a roll. But isn’t this the matter that was in the newspaper just recently? And I know this is a project that is near and dear to Mr. Onishi’s heart, and certainly I will support it, but unless I misread that article, is this an additional $6 million? MR. ONISHI: Yes. MR. CHUNG: So it’s almost doubling, right? MR. ONISHI: Yes. MR. CHUNG: Or maybe more than doubling. MR. ONISHI: No, about double. MR. CHUNG: What happened? Page 65 Hawaiʻi County Council-24 October 20, 2015 MR. ONISHI: Cost of construction. ACTING CHR. WILLE: You want to ask the Chief to come up? While we’re waiting for him, does anyone have any other questions or comments to make? MR. CHUNG: Or you want to table, and we can finish up the rest? MR. ONISHI: I could add little bit on it. It’s just the construction cost and plus the facility is much more up. It’s like, not updated, but it’s like a higher tech the way they’re going to have at that fire station. Like the sound proofing for the neighborhood, they’re having I think photovoltaic being put in. Their radio system is going to be a higher tech system. So what I understand, it’s like I guess the future of our fire stations. It’s not like an ordinary, like before type of fire station. ACTING CHR. WILLE: High end. MR. CHUNG: Well my question would be, when was the estimate established before? I mean how long ago was that initial estimate made? MR. ONISHI: They were looking at the Makalei Fire Station, and I think that’s where they got their estimate from. Because basically, the Makalei Fire Station plans are these plans right here, but with more upgrades. MR. CHUNG: So it’s not a matter of higher construction costs then, it’s additions? MR. ONISHI: No, well that too. It’s because of how the construction industry or market right now, everything is going up. It’s like, for example, I was going to bring up the Waimea sports complex, right? They have to cut back now because the prices that came in the bids were way higher than what they had estimated the cost. MR. CHUNG: You see, okay, therein lies the problem. I’ll still support it, but you know when we voted for that bond float, which I supported as well?—you know, typically bond floats are issued during a time when the economy is down and they use these monies to infuse construction projects. You don’t typically move with a big construction bond float when the economy is on the upswing because what happens is, you’re going to have higher construction cost and now we’re seeing it. And I bet you this is not the last time we’re going see this and I’m very, very concerned. I mean I’ll still support it, but you know, I don’t know what to say. MR. ONISHI: Well there’s Chief guys in Hilo right now. Page 66 Hawaiʻi County Council-24 October 20, 2015 MR. CHUNG: No, I mean I think you answered most of the questions. The only thing the Chief could answer is how much is this additional cost attributed to higher construction cost, as opposed to enhancing the facility? ACTING CHR. WILLE: Okay, Chief, are you there? Can you hear me? (At this time, Fire Chief Darren Rosario and Assistant Fire Chief Glen Honda came forward to address the members of the Council.) MR. ROSARIO: Yes, Darren Rosario Fire Chief for the Hawaiʻi Fire Department. I have with me Assistant Fire Chief Glen Honda, who’s our project manager for the replacement Kawailani Fire Station, which we’re calling the Haihai Fire Station project, and collaboratively, we can answer any questions that you folks may have. ACTING CHR. WILLE: Okay. Did you hear Council Member Chung’s question? MR. ROSARIO: We had just come in, but I think he’s asking about the additional $6 million cost, and part of what he was saying as we walked in is true. It’s because the County is in an upward swing with its financial state across the County. So there is an increase in construction cost, but I’ll let Chief Honda go into more detail with that. MR. HONDA: Glen Honda, Assistant Chief, Fire Department. You know, when we started this project, we based a lot of our assumptions on a previous project, which was Makalei. And what the Councilmen had said earlier is true. We don’t have a cost estimate for this particular project until the bid actually goes out. The estimate that is standing now came from the plans and designer’s team. They hire out or they contract an estimator to put a price tag on the project, and that’s where we stand now. The project is based on a mirror project of Makalei, so there are no additional frills or anything like that that’s causing the price to go up. As a matter of fact, we trimmed it down considerably in comparison to Makalei. So I would have to say that the price is not estimated at this time due to any added frills or attachments to the station. MR. CHUNG: Do I still have the floor? Well I think, you know, there’s some kind of disconnect here because Mr. Onishi has stated that this is actually going to be a model for future fire stations. Because of the enhancements that were added to it, sound proofing, and photovoltaic, and different things. So I mean maybe that’s something that you can discuss with Mr. Onishi later on. But what you’re telling me then is that this additional monies, which is almost double of what was initially estimated, is all attributable to construction cost? MR. HONDA: Yes, sir. Page 67 Hawaiʻi County Council-24 October 20, 2015 MR. CHUNG: Wow. And we don’t even know what the final bid is going to be. It might come up more than what is appropriated, right? Possible? MR. HONDA: That’s correct. MR. CHUNG: I mean it’s not through any fault of you or the department, I’m just stating a fact this is very concerning. Yeah. I mean it’s having a trickledown effect on many of the other projects. I see, you know, some other projects being affected, if I’m reading the newspaper correctly. But anyway, thank you very much. MR. ROSARIO: Thank you. If I could just add real quickly that we do thank the Council for their questions and also for the support of this project. We’re th currently on our 13 tropical cyclone storm that has entered Hawaiian waters. Currently outside of Hilo is a category 4 hurricane with a track that hopefully takes it to the north. So everything we’re doing today is really based on the future of Hawaiʻi County. We have significant stations that would not withstand a hurricane force impact to the island. These stations are designed—they’re not frills but extra add-ins such as hurricane strength windows and doors so that we can provide the sustainability of emergency response, post impact of a significant storm. So everything we’re doing today, even though the cost seems real high, these stations are designed for 50 plus years of sustainability. So I would say look at the value of the cost spread over at least 50 years. And you know this doesn’t even account for the stations such as Honokaʻa, Paradise Park, and North Kohala, who are still basically wooden structures that do not meet requirements for a public safety building. But we’re going to continue to do our best to provide the community with what we need to sustain emergency services throughout the future, and just ask the Council for their support. But you’re actually right, until the bid comes, in which we have no control over, that’s when we’ll get the final cost of the project. Thank you. ACTING CHR. WILLE: Anyone else have questions? I’d like to ask you a question. Has this not gone out to bid yet? Or has it gone out to bid? MR. ROSARIO: It is currently out to bid, with the bid closing on October 29. And I forgot to mention, but I do want to publicly thank Council Member Onishi for his work with this project and getting a lot of community input. There was community input that was provided that we took into account to answer their questions about noise, and traffic, and so forth. And without his help, the project wouldn’t have gotten to the point that it’s at. Along with the assistance of the Department of Public Works, David Yamamoto, and all of the staff there working collaboratively with Chief Honda here. Thank you. Page 68 Hawaiʻi County Council-24 October 20, 2015 ACTING CHR. WILLE: Okay, thank you very much. Hearing no other comments, I want to just say I share the same concerns as Council Member Chung, in terms of the fade of the other projects. I’m sort of like, well where?—the question that always gets asked of us when we do something in the budget, “Well where are we getting this $6 million from?” You know, where is that coming from? Can each of you answer that? Where’s the $6 million? And I really say this all because of the Waimea District Park, which has been worked on since 1991 when the rezoning for it went through. In our community—and having that cut, part of the ball fields cut, the comfort station cut, and a lot else you know, I may be coming back here, and how do we handle that? And how do we handle the other?—so I think we’re in a predicament. Anyway, I will be supporting this, any other questions, concerns? Otherwise, all in favor? Vote on Bill 106: The motion to pass Bill 106 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, and Acting Chair Wille – 7. Noes: None. Absent: Council Members Kanuha and Poindexter – 2. Excused: None. ACTING CHR. WILLE: Bill 107, Mr. Clerk. Bill 107: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Adds portions of Manini Beach Road, Kahauloa Street, and Kahauloa Road, to Section 24-280, Schedule 28, (No parking at any time), Subsection (f), Kona, to address a concern that cars are parking in this heavily used beach area in places too narrow for parking. Reference: Comm. 513 Intr. by: Ms. Poindexter Waived: PWPRC Motion to Approve: Ms. David moved to pass Bill 107 on first reading. Seconded by Ms. Eoff ACTING CHR. WILLE: If anyone have any—Ms. David. MS. DAVID: Yes, thank you, Chair. This is in my district, and this is the result of collaborating with the Public Works Department because of the concerns with the citizens down at Manini Beach, of parking on a one lane road that had some serious emergency access problem. So in working together, I want to thank Page 69 Hawaiʻi County Council-24 October 20, 2015 Department of Public Works for all their efforts in getting these no parking areas posted. Thank you very much. ACTING CHR. WILLE: Any other comments? Hearing none, all in favor? Vote on Bill 107: The motion to pass Bill 107 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, and Acting Chair Wille – 7. Noes: None. Absent: Council Members Kanuha and Poindexter – 2. Excused: None. ACTING CHR. WILLE: Mr. Clerk, Bill 86 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): (Note: Items in this category were taken up previously, out of order.) Bill 86: AMENDS ORDINANCE NO. 08-72, WHICH AMENDED ORDINANCE NO. 95-55, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL - 10 ACRES (A-10a) AND AGRICULTURAL - 3 ACRES (A-3a) TO AGRICULTURAL - 1 ACRE (A-1a) AT WAIĀKEA, SOUTH HILO, HAWAI‘I, COVERED BY TAX MAP KEY: 2-2-048:093 AND PORTION OF 13. (Applicant: Glory Nani Mau, LLC) (Area: 41.749 acres) The Windward Planning Commission forwards its favorable recommendation for this amendment, which would allow a five-year time extension to Condition B, Final Subdivision Approval. Reference: Comm. 447 Intr. by: Mr. Ilagan (B/R) First Reading: October 7, 2015 Vote on Bill 86: Mr. Ilagan moved to pass Bill 86 on second and final (Adopted) reading. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, and Acting Chair Wille – 7. Noes: None. Absent: Council Members Kanuha and Poindexter – 2. Excused: None. Page 70 Hawaiʻi County Council-24 October 20, 2015 ACTING CHR. WILLE: Mr. Clerk, moving on to Bill 96. Bill 96: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Appropriates revenues in the Federal Grants –DOT Flex Grant account ($105,045); and appropriates the same to the DOT Flex Grant account. Funds would be used to provide specialized training for police, prosecutors, and members of the judiciary in the investigation and prosecution of drivers impaired by drugs and/or alcohol. Reference: Comm. 483 Intr. by: Ms. Eoff First Reading: October 7, 2015 Vote on Bill 96: Ms. Eoff moved to pass Bill 96 on second and final reading. (Adopted) Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, and Acting Chair Wille – 7. Noes: None. Absent: Council Members Kanuha and Poindexter – 2. Excused: None. ACTING CHR. WILLE: Bill 97. Bill 97: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Increases revenues in the Federal Grants – Aggressive Driving Project Grant account ($4,000); and appropriates the same to the Aggressive Driving Project Grant account. The funds would be used with existing funds towards the purchase of 20 Whelen VERTEX Super-LED light kits for Traffic Enforcement Unit officers with unmarked vehicles. Reference: Comm. 484 Intr. by: Ms. Eoff First Reading: October 7, 2015 Page 71 Hawaiʻi County Council-24 October 20, 2015 Vote on Bill 97: Ms. Eoff moved to pass Bill 97 on second and final reading. (Adopted) Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, and Acting Chair Wille – 7. Noes: None. Absent: Council Members Kanuha and Poindexter – 2. Excused: None. ACTING CHR. WILLE: Clerk, did we miss anything on the Council agenda? Okay, we’re clear, so— REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. (There were none.) REFERRALS FOR The Chair directed the Council to proceed to the next order of business, EXECUTIVE Referral for Executive Session. SESSION: (There were none.) OTHER The Chair directed the Council to proceed to the next order of business, BUSINESS: Other Business. (There was none.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) Page 72 Hawai`i County Council-24 October 20, 2015 ADJOURN- There being no other business, at 1:37 p.m., Mr. Paleka moved to adjourn MENT: the meeting. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi,Paleka, and Acting Chair Wille—7. Noes: None. Absent: Council Members Kanuha and Poindexter—2. Excused: None. ACTING CHR. WILLE: Okay. APR 1 9 2017 Council Approval: \76" COUN CLERK SM/jm/rk Page 73