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HomeMy WebLinkAboutMIN COUNCIL 2015/10/07 2014-2016 rd 23 Session 25 Aupuni Street Hilo, October 7, 2015 INVOCATION: Kahu Brian Welsh of the Haili Congregational Church invocation. CALL TO order at ORDER: 9:05 a.m., in the Council Chambers, Hilo, by Mr. Dru Mamo Kanuha, Chair. ROLL CALL: Present: Mr. Dru Mamo Kanuha, Chair Ms. Valerie T. Poindexter, Vice Chair Mr. Aaron S. Y. Chung, Member Ms. Karen Eoff, Member Mr. Greggor Ilagan, Member Ms. Margaret Wille, Member Absent & Excused: Mr. Danny Paleka, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, Eagle Scout Kamuela Santa Maria, Certificate of Merit recipient, led the Council in the Pledge of Allegiance.) Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following item was taken out of order: The following individuals registered to speak, and came forward when called by the Chair: Paul Neves: Res. 285-15 (Comm. 474), in support. (representing the Royal Order of Kamehameha I) -23 October 7, 2015 Kalaniakea Wilson: Res. 285-15 (Comm. 474), comment. Michael Matsukawa: Res. 282-15 (Comm. 469), in support. (representing Kona Young Farmers) Wilfred Yamasawa: Res. 282-15 (Comm. 469), in support. (representing the Kona Coffee Cultural Committee) Bill 90, Draft 2 (Comm. 455.2), in support. (representing the Public Access, Open Space, and Natural Resources Preservation Commission) Kale Gumapac: Res. 285-15 (Comm. 474), in support. (representing the Kanaka Council) Eric Tanouye: Res. 291-15 (Comm. 482), in support. Tropical Flower Council) Cadet Major Joshua Myrick: Res. 278-15 (Comm. 462), in support. (representing the Civil Air Patrol) nd Cadet 2 Lt. Ragan Leslie: Res. 278-15 (Comm. 462), in support. (representing the Civil Air Patrol) Chelle Pahinui: Res. 291-15 (Comm. 482), in support. Tropical Flower Council) Joe Pierce: Res. 288-15 (Comm. 479); Res. 292-15 (Comm. 483); Bill 96 (Comm. 483); and Bill 99 (Comm. 486), comment. CHR. KANUHA Certificates of Presentation. Mr. Onishi? Page 2 -23 October 7, 2015 Return to Order of The Chair directed the Council to return to the order of business. Business: PETITIONS, The Chair directed the Council to proceed to the next order of business, MEMORIALS, Petitions, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (Note: At this time, Mr. Onishi presented Eagle Scout Kamuela Santa Maria EXPRESSIONS with a Certificate of Recognition and Achievement for attaining the Boy Scouts OF .) CONDOLENCE: Recess: At 10:09 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 10:27 a.m. 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: (Items were taken up previously, out of order.) CHR. KANUHA: Since we finished the Statements from the Public on Agenda Items, I will move on with the Order of Resolutions. APPROVAL OF The Chair directed the Council to proceed to the next order of business, Order of MINUTES: Resolutions. (There were none.) COMMUNI-The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. (There were none.) ORDER OF The Chair directed the Council to proceed to the next order of business, RESOLUTIONS: Approval of Minutes. CHR. KANUHA: I want to take a few items out of order. Mr. Clerk, can we take first Resolution 291-15, since we have members here waiting for a few resolutions and bills? 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: Page 3 -23 October 7, 2015 Res. 291-15: AUTHORIZES THE DEPARTMENT OF RESEARCH AND FLOWER COUNCIL (HTFC) and international tradeshows. Reference: Comm. 482 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Resolution 291-15. Seconded by Mr. Onishi. CHR. KANUHA: Any discussion, Council Members? We have Mr. Tanouye in the audience, sk him any questions. Ms. Eoff. MS. EOFF: I just was going to comment to say thatto thank them for their i is known as the place of aloha. Flowers are one of the main things that people receive from Hawai. And, awesome, the job that you folks do. CHR. KANUHA: Thank you, Ms. Eoff. Ms. Wille. MS. WILLE: Yeah, I wantEric if you want to come up and sit down. Just, thank you for your efforts. I know the one flower that I work with is really the Orchid Society, and how important that brand name is. That really, like even with the orchid, we sort of lost a lot of our prestige or honor and sort of importing other orchids coming in from Thailand and other places. I thinks so important making it where this is i i tropical flower. CHR. KANUHA: Ms. Wille, sorry to cut you off but we have a few technical difficulties. So, I want to get you back on when we have it come back online. So, if we could take a brief recess and you can continue your conversation. Sorry about that. Recess: At 10:30 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 10:32 a.m. CHR. KANUHA: I think we fixed the problem, hopefully. And again, the floor over to Ms. Wille. MS. WILLE: Okay. Again, Eric, I just want to thank you for your efforts and just say that the area with the H Page 4 -23 October 7, 2015 with the orchids, the Orchid Society. I worked to make 2014 the Year of the Hawaiian Orchid. We did a calendar that did well, sort of all the different beautiful orchids. And that looking at it, these are the orchids that are being grown here, and so that we build up that industry, and we build it up. As foreven yesterday talking about all the issues, and unemployment, and things that go wrong. Io here on this island. I think this isas we all talk about connecting to the earth, and to growing things and producing, and how important. Maybe we could even do some program with the prison now or something like that, you know. It would bewe just have a lot of opportunities in this area. I great, what you said about that thelike the County funds, and being matched at least five to one, and that this is t in order to enable so much more to go on. So, thank you. MR. TANOUYE: Thank you. CHR. KANUHA: Thank you, Ms. Wille. Council Members, any other discussion? Mahalo, Eric. MR. TANOUYE: Thank you. Thank you very much. CHR. KANUHA: Thank you, guys. All in favor of approving Resolution 291-15 say aye. Vote on Res. 291-15: The motion to adopt Res. 291-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. Aloha. Mr. Clerk, if we could go down to Bill 86. Page 5 -23 October 7, 2015 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 , SOUTH HILO, HAWAII, 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) Approve: PC-26 Vote on Bill 86: Mr. Ilagan moved to pass Bill 86 on first reading and (Approved) adopt Planning Committee Report No. 26. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. If we could go back to the Order of Resolutions, -15. Res. 285-15: INDEPENDENCE DAY Statutes to add a new section designating November 28 of each year to be Reference: Comm. 474 Intr. by: Mr. Ilagan Waived: GREDC ; and Comm. 474.1: From Governmental Relations and Economic Development Committee this matter be waived to the full Council for immediate action. Page 6 -23 October 7, 2015 Motion to Approve: Mr. Ilagan moved to adopt Res. 285-15. Seconded by Ms. David. CHR. KANUHA: Mr. Ilagan, go right ahead. MR. ILAGAN: Thank you, Mr. Chairman. Good morning, Council Members. Today, I wanted to present to you Resolution 285-15, and I just want to give you the background of this. But before I do that, I actually would like to read Council MembeI was talking to him, and he wanted his statement be voiced out. Right now, you can follow through with Communication 474.2. (Note: At this time, Mr. Ilagan read Comm. 474.2. A hard copy of the Point of Order: MS. POINDEXTER: Point of Order. I just need to clarify. Does this have to be ommunication, so I am not certain. CHR. KANUHA: Mr. Clerk, do we have to have a motion to accept the communication? MR. MAEDA: I think it can just be r would be necessary to have a motion. MS. POINDEXTER: Because I know all of our communications havewe do a motion to file the communication, so MR. MAEDA: I guess if a Council Member had an objection to having it read in, then MS. POINDEXTER: procedure, when this is done for the minutes and all, as a communication. CHR. KANUHA: I think, Ms. Poindexter, we can just look at Communication 474.2 because it is related to the item on the agenda, and you can just read in the communication. MR. ILAGAN: May I continue, Mr. Chairman? CHR. KANUHA: Yeah. MR. ILAGAN: Thank you, Mr. Chairman. (Note: At this time, Mr. Ilagan continued to read Comm. 474.2.) Page 7 -23 October 7, 2015 MR. ILAGAN: The reason why I really want to read that out was because it was due to sitting down with him in meetings and really understanding the issues and concerns that he has in this community. After having that meeting, I understood how important this issue is for him. We worked out something, where we introduced separate resolutions to really signify the importance of each holiday. Today, I am honored to present this to you. We have formed an Exhibit A, as you have seen the Hawaiian translation. As we have talked previously, this is attached to the resolution so it can also be read in Hawaiian. If you have any other further questions, we have representatives here that could answer those questions. As you know, I am very proud of my Filipino heritage and culture. At the same time, I also want to respect the Hawaiian culture and support them, and this is my way to support my fellow Council Member Danny Paleka and also the Hawaiian culture. Thank you. CHR. KANUHA: Thank you, Mr. Ilagan. Discussion, Council Members? Excuse me, Ms. Wille. MS. WILLE: Thank you for bringing this forward. I know I was hoping someone would, otherwise I would. First, I have a question for you. When you say that Legislature to recognize this holiday, what do you envision, by recognition by the MR. ILAGAN: We had this discussion in the previous holiday, and what we realized is that the State recognizes holidays. The County has no authority regarding any holidays, so we wanted to advocate for recognizing November 28 as celebrated as Independence Day, by the K ways to do this, but the first step to formally do it would be the State Legislature. We could do it informally, by blocking that day and celebrating it in our community, and so forth. MS. WILLE: Okay. I guess taking that a step further, this wasi Hawaiian holiday thatthen Thanksgiving came and sort of replaced. Should we think of going further and asking it to allowyeah, we get Thanksgiving Day off, right, as a holiday; to be able to take this holiday off rather than Thanksgiving Day? I mean should we do something so th a little more than talk-the- talk? And, that way we would be actually recognizing it in fact h, okay we can go do something. Bsgiving Day we get off and not this holiday. I mean, how do you feel about that? Page 8 -23 October 7, 2015 MR. ILAGAN: So, you might have recalled, the previous conversation we had is that State employees can now recognize Thanksgiving and have this day as a day off, ad in the State holidays, and working that out. But, I also want to respect the fact that there are also people in our County who celebrate Thanksgiving. Currently, if they should want to celebrate Thanksgiving, they have that option to do so; but people who are currently working in the State can also have that day off, working with their administration to select that as the holiday they want to celebrate. MS. WILLE: Okay, b MR. ILAGAN: It does not have that in the resolution. CHR. KANUHA type of situation. I know you have questions and concerns and I canMr. Ilagan can bring it up, after the fact, about your concerns. MS. WILLE: Okay. I mean, let me just sort ofon a general level, I certainly agree with this and I think that we need tothis is a baby step, and it should be recognized as a baby step and see what more that we can do and the direction that o in that light, I support it. But I also think that, you know, where do we stand in terms of the genocide, and what happened to the host population, the Hawaiians? How do we address that and move forward at this point? And as we search out the ways, I mean this would be one baby-step way, and move forward. So, thank you. CHR. KANUHA: Thank you, Ms. Wille. Mr. Onishi. MR. ONISHI: I was looking at the calendar. If you look at your calendar, the th 28 for this year going fall on the Saturday, so ike falling on th Thanksgiving. If the date of the 28 going be specified by State law, saying this is a holiday, then it could vary. So, i, like that Thursday that people that celebrate Thanksgiving that also changes the date. Not every year going be the same date, so something to look at. Where, additional holiday that they could be looking at. MS. WILLE: Every 11 years. MR. ONISHI: Wellbut, whatever. I this is just a comment because of the date. To me, and with the other resolution and with maybe one other one might be coming up, because I think there were three dates that they wanted, right, from the Page 9 -23 October 7, 2015 last discussion? This would have been perfect for an HSAC Association of Counties) proposal because you have the four counties that would have agreed upon having the State Legislature to look into this, right? And then, you haveegislature to lobby for getting this passed, okay, to get it recognized. So, I look at your resolution, which is okay, and which was the other one was okay too, but ee any State legislators over here, , this. I mean, have you folkshave you contacted anyone t MR. ILAGAN: So, this is the first step for us to be able to talk to the State Legislatureave you introduced this to Council, does the Council approve it? once the Council approves it, I can say, he Council is in support, and decision? I could either talk to the State legislator or I could either pass this through and have substantial paperwork, while I talk to them. Either way, this is one of many issues. And, packet when I talk to a State legislator. MR. ONISHI: Why I asked you that, is because through the protocol, I guess, or how the system works, they going to have to go in front of the House and the Senate. So, this all could be piggy-backed at the same time, right? You could have it where you have a House Rep.; legislation, and then you coming in with the County in support of that legislation. Okay, because most legislation going to be done like whoever, the lawmakers proposing whatever bills that they want to come see in the upcoming session, right? So, this going take maybe another two weeks, right? Because then going pass here and then gono, in fact just pas So, maybe by the end of the month, you might get in contact with whoever you feel going support this and going put it on their, I guess, package to do legislation, right? That going take time, too. And then, they going have to get information or you going have to provide them with all the information. But, I just looking at it. But, you know, I will support it. But the thing is, like oneI just looked at the thth dates, they going to vary, right? Because the 28, if you specify for the 28, that going be alldepending what year, what going happen. Like I said, this would have been perfect for an HSAC proposal that the counties could have all supported and that would give more power in trying to get this legislation passed. Thank you. CHR. KANUHA: Thank you, Mr. Onishi. Ms. Poindexter. Page 10 -23 October 7, 2015 MS. POINDEXTER: I want to thank you, first of all, for bringing this forward. I agree with Council Member Onishi that HSAC would have been a good way to go also. But at this point already, and where we are, and also committing to call my district representative, Mark Nakashima, and also our Senator, Lorraine Inouye, to help support this. So, for my District Representative and Senator, as well, at the State level. So, thank you. CHR. KANUHA: Thank you, Ms. Poindexter. Ms. David. MS. DAVID: Yes, aloha. And, mahalo nui for bringing this forward, Mr. Ilagan. and Kalani for your statements this morning. I totally appreciate all the research that you folks have been doing thus far. I say that because what you have uncovered and what you are uncovering now is something that needed to be done. for me, your kuleana was exactly this, to bring awareness of the illegal actions that were taken more than a hundred years ago and the details of it. The details we, as natives, had no idea, and that is why I applaud you folks because your kuleana was this. I support this wholeheartedly because I believe it is the first step in what you folks are uncovering. How it all plays out, I have no guess as to what that would entail. But every one of us, and y as an illegal body, and based on your research that is basically your conclusion. But, for me, my kuleana is I have done and participated in part of that research throughout the years now, is because this body exists and my role as a legislator, albeit illegal, I have to respect that and help our people that way. So, I believe we all have kuleana. But, I applaud you. doing, and I hope we succeed, maybe not in our lifetime, not in my lifetime. But, I really applaud you folks for doing that and I thank you, as a native. Mahalo nui. CHR. KANUHA: Thank you. Ms. Eoff. MS. EOFF: Thank you, Mr. Chair. I wanted to echo what Ms. David just said, because our role here is to facilitate as many things as we can to bring awareness and to let everybody know what holidays are important and what their significance is. So actually what we can do is, although it could have been the other way around, where the Legislature took up this item and then we as a Council could have supported it through a resolution, but we can, like Ms. Poindexter said, we can urge our legislators to strongly support an action by the State Legislature. After that, we can send letters from each of us, too, on behalfso, either way, I think it will work out. Page 11 -23 October 7, 2015 But I would like to , that maybe before next and if there are three holidays be recognized do it again. We can do that, which would be a great idea. So thank you, guys, and thank you, Ms. David, for kind of helping me to also feel that our service here, in this capacity, can also be in unison or as a companion to , as a kind of a renaissance and resurgence of Hawaiian culture here. I fully have supported that for at least the 30 years that and how I can help. So good about continuing that service as well. So, mahalo. CHR. KANUHA: Thank you. Mr. Chung. MR. CHUNGits in dee today. I have a different perspective on this issue, and it kind of goes a little further from what Ms. David was mentioning. Mr. Wilson mentioned agaio legitimacy, and I can respect that from his perspective. But, and we do what we can, the best we can. I find it quite odd that we, as an illegal body, would be looking, you know, entertaining a request like this to send it to th would, under this same argument, be an illegal body. I have to resolve all of these things. I have to articulate all of these things before I say yes on this, which I will be doing. I was born in the Territory of the United States. One year later, we become a Si, unless, of course you interpret it in a different way, that Now, we talked about Thanksgiving. anything like that, or whoever it was that started Thanksgiving. But really, come to take on a different meaning. a time when families come together and give thanks for all they have. a citizen of the United States, and if this means that this is a baby step towards the establishment i, which trumps the United States of America, then my ent of the culture, in deference to my colleague, but it goes no further than that. I want to make that very, very clear, okay? I mean no disrespect to anyone, but hopefully too, okay? Thank you. Page 12 -23 October 7, 2015 CHR. KANUHA: Thank you, Mr. Chung. On first round, I think everybody had MR. ILAGAN: Mr. Chairman, if I may, I would like just to close, and that would be my final statement. Thank you. CHR. KANUHA: Okay, thank you, Mr. Ilagan. Mr. Onishi. MR. ONISHI: Well, as I mentioned earlier, if you look at the resolution and you look at the, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY is urged to amend Chapter 8, Holidays right? Then . . BE IT FINALLY RESOLVED that the County Clerk send these copies to all our Big Island legislators, right, but in here it , like who going create that legislation or amendment to Chapter 8. So, you need something there in order for me to support. Because it could go to all of them, but what if nobody does anything? So, we cannot send any letters in support to this. t want to, like, show false hope that we moving forward on this. But then, if the State legislators nothing gets happened at the session. So then, no matter what we do, nothing going happen because nothing, any legislation in there to do something about it. So, ed about having somebody here. Like, a House Rep. or a Senator saying, Okay, yeah, Chapter 8, and including this holiday, then the Councilwe get more power, right, because then we supporting something. State legislators So, nd of like was bringing up. But, nt to give false hope; that, okay, because we pass this something going happen this coming session. Which maybe might not, right? Thank you. CHR. KANUHA: Thank you, Mr. Onishi. Ms. Wille. MS. WILLE: Yeah, I just want to follow up on what Council Member Onishi mentioned. What I would suggest is you actually write it up as , wCouncil Member Ilagan, my suggestion would be that we have a piece of legislation. You write it up, what you would like the State legislation to say, and can work with a State legislator, rather than simply asking them, And then you can put something in there, some substance in there, what we would like to come forward. I mean, it may be that you sayf that or something. Usually, Page 13 -23 October 7, 2015 with a holiday you would address something like that. But, written. I also want to recognize what Council Member Chung said, and I appreciate that. I think, for me, that looking at the baby step is resolving this whole issue. That have to come out with, nd white, is it the Kingdom or is it the United States? How do we resolve that? How do we create a s based on respect? And not be necessarily, okay, who do we that we only can honor one entity? So if you were interested in doing that, if be willing to help on it. But, I think if we actually had something in-hand, and said, that we would get a lot further, unless you are able to talk, to someone who wants to write it up immediately and you feel good about how its written up. But I think that if you just give them th Okay, anyway, those are my suggestions. CHR. KANUHA: Thank you, Ms. Wille. Mr. Chung. MR. CHUNG: Thank you for letting me talk again. And, I really do appreciate articulate my internal conflicts with regard to this. I wanted to say one more thing. I talked about someI mentioned some inconsistencies that I viewed that needed to be resolved. But, even today lets look at it. Today we had a Boy Scout of America. They spoke about him taking a picture with the American flag, right? And then, now you can see this is a confluence of like two competing interests right here in this room. We also have, later on, wreaths that Ms. Eoff is going to be providing monies for at the These veterans fought for the United States of America. And, is wrong, conflicts to be resolved in my mind. vote in favor of it, but there are just so many things that need to be articulated so that I can make sense of all of this as well. Thank you. CHR. KANUHA: Thank you, Mr. Chung. Ms. David. MS. DAVID: Yes. Lastly, in listening to our fellow Council Members statements, I totally agree with Mr. Chung because that is the issue right now, the , and our role. We still behave and we still carry on within our respective duties, so I totally agree with what I just wanted to say that, and I appreciate that. , because right now we are conflicted in almost everything we do because of this. So anyway, I will support the resolution also. Thank you for this second attempt. Mahalo. CHR. KANUHA: Thank you. Ms. Eoff. Page 14 -23 October 7, 2015 MS. EOFF: Yeah, just to further the discussion just a little bit. There is so much to say about all of this. We can honor the Hawaiian culture, and we can help people learn more about what the deep culture is and what holidays signify here. We can do that, in my mind, without resolving everything. The baby step, to me, , really. To to do that so that we can respect one another and peacefully move forward. So, although there aa conflict in me supporting this as well as supporting laying wreaths across the graves of those who we also honor for protecting freedom. I feel good about being able to do all of it. I feel good about having people being able to come here today in our democracy and speak their mind and say what they feel. Although we have differences of opinion, we , this particular CHR. KANUHA: Thank you. Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chairman. I was going to speak last, but I realized my comments going to spur more discussion. First of all, I just wanted to point out the fact that I enlisted in the military for six years and I went in, in the intent to defend the United States. I haves down deep in my core. My conflict is actually the Philippinesiesta, and I mentioned that to the audience in identity. I understand or relate to the Hawaiians in that sense. This is no way a way to defile the United States at all. I look at this as bringing awareness, and learn about the culture and the history of what had happened. The reason why I even introduced this was because I wanted to do something positive rather than something negative. This is a positive way to understand the culture, by celebrating it as a holiday. You speak aboutCouncil Members have spoken about the fact that th legislation drafted. If you actually read this resolution, the legislation is right there in front of you, Chapter eight. Ithere, th November 28 of each year shall be known and designated , in recognition of November 28, 1843, which was celebrated as an Independence Day legislation that needs to be put. So legislation, make an amendment it in Council, b . There is something on here. Page 15 -23 October 7, 2015 And talking about legislative way of lobbying, there are many forms of doing it. I have come to my experience that everybody could be in support of a certain bill, and it still goes down in Council or probably in the State. So, this is the first step. This is my way to honor and respect the Hawaiian culture and also to honor my fellow Council Member who has been a very, for me, a great friend and fellow colleague in the Council. Also, one more thing is that this is important and your support is paramount on making this happen. nd learn more about the history issue, and this isI wish we could be talking more about the history rather than actually discussing on how to do it. Thank you. CHR. KANUHA: Thank you, Mr. Ilagan. Mr. Chung, you had your light give one more round MR. CHUNG: Okay, thank you, bring that issue up. , because just as Ms. Wille did earlier in articulating my conflicts, she kind of hit the nail on the head. I just want to make sure, reiterate, when I vote in favor of this, expansive yes vote. It is in respect of the cultural significance of this State, no further. But, I had to explain because Mr. Wilson and others came and have you know, when you look at history, people can look at history many, many ways, okay? I just wanted to confine my yes vote on this, just out of respect to the cultural significance of this State. No further, though. Okay? Because there are a lot of other issues that come into play. Thank you. CHR. KANUHA: Thank you, Mr. Chung. Ms. Wille. MS. WILLE: Yeah, I wasI think your comments were more directed to me in terms of the legislation. I meant them as a suggestion, as another step that we could go beyond. O to have it submitted to the State, we draft it in the form. The exhibit would be in the form of a way the State legislation would be. In addition, you might consider adding, if you wanted some additional information, such as what happens if it falls on a weekend or something like that. But, I think this is great as a first step and I encourage you to do more. Also, I think ll here just trying to add. Isomething negative. I mean I look at things that I have coming up today, that you all have made, really helped me to improve what I have, and not to take suggestions of what might do more as a something negative rather than looking at something positive. So, Page 16 -23 October 7, 2015 it at that. I do think, you know if you want to address the fact that th always, there is more to do; i CHR. KANUHA: Thank you, Ms. Wille. Any other discussion, Council Members, before I let Mr. Ilagan just say the last piece? Unless, re finished already? MR. ILAGAN: Thank you, Mr. Chairman. To address more, we could haveor I could have put down paid holiday. When I calculated the possibility of getting this passed in the State legislative process as a paid holiday, I see the possibility as close to zero. I realized that and took out the paid holiday, and instead started just with recognition ss in the books in the books then we can come back again and go through that route. But, you could startfor example, Saddle Road. If we wanted to have that right off the bat, and more and everything, instead of doing in phases, it would probably never happen. understand. I hope that we can all support this and move forward. Thank you. CHR. KANUHA: Thank you, Mr. Ilagan. Okay, before I ask for the vote I just want to say something. I also support this, and thank you for bringing this up. T. I am glad that we can support some small measure to make it known to the rest of the State that this was a very significant day. If in any case that it brings more education to that fact, the more greater. So I appreciate, Mr. Ilagan, and I will be asking our legislators to support something like this. These are small steps. And, to bring awareness to what has happened and what the public needs to know on why certain things are the way they are now days, so in that case I will be supporting this. I think we can move forward with this specific piece of legislation, to send to the Legislature. Okay, saying that, sk for the vote. All in favor of Resolution 285- Vote on Res. 285-15: The motion to adopt Res. 285-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. Okay, Mr. Clerk, I think we can just go to the top of the agenda. Page 17 -23 October 7, 2015 Point of Procedure: MR. ILAGAN: Mr. Chairman, point of procedure. I was wondering if Sihoa office, and maybe we could take the item that she had comments on out of order? CHR. KANUHA: O She left already? Okay. hoa office so I think we can just move along with the top of the agenda. Return to Order The Chair directed the Council to return to the order of business. of Business: Res. 273-15: 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 OF Transfers $10,000 from the Clerk-Council Services Contingency Relief account (Council District 4); and credits to the Research and Development, Business Development account. Funds will be used to cover costs for program supplies, travel expenses, and admission for students in grade levels 3 through 9. Reference: Comm. 457 Intr. by: Mr. Ilagan Motion to Approve: Mr. Ilagan moved to adopt Res. 273-15. Seconded by Ms. Poindexter. CHR. KANUHA: Go right ahead, Mr. Ilagan. MR. ILAGAN to go into details about this Contingency Fund. Council Members have been briefed about the benefits of this, and I just hope that we have future astronomers, engineers, and f Thank you. CHR. KANUHA: Thank you, Mr. Ilagan. Ms. David. MS. DAVID: Yes, I just wanted tothank you, Chair. I just wanted to express my support for this resolution and, also, that I will be contributing myself too for the o I support this resolution. Mahalo. Page 18 -23 October 7, 2015 CHR. KANUHA: Thank you. Any other discussion? Hearing or seeing none, all Vote on Res. 273-15: The motion to adopt Res. 273-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. Next item. Res. 275-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TOFRIENDS SUMMIT Transfers $2,500 from the Clerk-Council Services Contingency Relief account (Council District 7); and credits to the Prosecuting Attorney, Kona Other Current Expenses account. Reference: Comm. 459 Intr. by: Mr. Kanuha Motion to Approve: Ms. Eoff moved to adopt Res. 275-15. Seconded by Ms. David. CHR. KANUHA: Is there any discussion? support on this. Its happened before, and if you want more explanation, you can ask Ms. Eoff or Ms. David. I think theirs is coming up, as well. So, any other discussion? Vote on Res. 275-15: The motion to adopt Res. 275-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. Page 19 -23 October 7, 2015 CHR. KANUHA: Motion passes. Resolution 276. Res. 276-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FORUMS IN 2015 Transfers $2,500 from the Clerk-Council Services Contingency Relief account (Council District 8); and credits to the Prosecuting Attorney, Kona Other Current Expenses account. Reference: Comm. 460 Intr. by: Ms. Eoff Motion to Approve: Ms. Eoff moved to adopt Res. 276-15. Seconded by Ms. David. CHR. KANUHA: Ms. Eoff. MS. EOFF: Thank you, Mr. Chair. or the last several years. This organization has put together elements from all of society to help youths, who maybe would fall through the cracks, and devise empowering summit situations and other forums for finding out the best way to keep these kids on track, keep them doing good in school and moving on to higher education. So, quite a significant amount of information and collaborative work going . N Kamehameha Schools, and many of the public schools throughout the island, but they also are working with the university and community c pretty interesting. ttend all of the pre-meetings. But, has been moving forward and I believe Kaylyn is now working really closely with UH (University , too. I like this program. I see my fellow Council Members from the west side are also supporting it, so thank you. CHR. KANUHA: Thank you, Ms. Eoff. Any other discussion? Okay, hearing or Page 20 -23 October 7, 2015 Vote on Res. 276-15: The motion to adopt Res. 276-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. Resolution 277. Res. 277-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO SUPPORT FORUM Transfers $2,500 from the Clerk-Council Services Contingency Relief account (Council District 6); and credits to the Prosecuting Attorney, Kona Other Current Expenses account. Reference: Comm. 461 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 277-15. Seconded by Ms. Poindexter. MS. DAVID: to repeat what Ms. Eoff said. But, this is a great program. I w and it was so well-organized, and the kids there just really appreciated what was being done for them. So, I totally support this program and I would ask my fellow Council Members for their support. Mahalo. CHR. KANUHA: Thank you. Any other discussion? Hearing or seeing none, all in favor sa Page 21 -23 October 7, 2015 Vote on Res. 277-15: The motion to adopt Res. 277-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. Next item. Res. 278-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE WREATHS TO BE NATIONAL WREATHS ACROSS AMERICA DAY ON DECEMBER 12, 2015 Transfers $5,000 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. 462 Intr. by: Ms. Eoff Motion to Approve: Ms. Eoff moved to adopt Res. 278-15. Seconded by Ms. David. CHR. KANUHA: Ms. Eoff. MS. EOFF: Thank you, Mr. Chair, and I wanted to say thank you to the cadets the Civil Air Patrol for two or three years now, and it wasbecause they made me aware of a fundraising effort the first year, to try and have enough money to put wreaths on every grave at the West Hawhat is in conjunction with a nationwide effort, st where all . So, tionwide effort to lay wreaths. I we lot of people came out, and everybody was walking through the cemetery putting the wreaths on each headstone, and it was very, very beautiful. this and other activities. S, who was a veteran, I came to understand more and more the sacrifice, and how emotional and how much we Page 22 -23 October 7, 2015 sacrificed for freedom in America. This is just a small part I can play, but e tried to do other things to support the efforts of the veterans in different ways. st But, , on December 21; , participate this year. Thank you. CHR. KANUHA: Thank you. Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chairman. I just want to quickly voice my support as a single veteran to Councilwoman Eoff, who is supporting many veterans. Thank you. CHR. KANUHA: Thank you, Mr. Ilagan. Any other discussion? Okay, hearing Vote on Res. 278-15: The motion to adopt Res. 278-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. Next item. Res. 279-15: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE BILLS AND RESOLUTIONS Amends Council Rule 24, General Procedures, to include the requirement that the Legislative Research Branch shall review bills and resolutions prior to filing with the Clerk, unless the introducer states in writing to the Chairperson that such review shall be waived. Reference: Comm. 463 Intr. by: Mr. Ilagan Motion to Approve: Ms. Ilagan moved to adopt Res. 279-15. Seconded by Ms. Poindexter. CHR. KANUHA: Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chairman. First of all, I just want to point out that the Legislative Research Branch has been doing great work regarding review Page 23 -23 October 7, 2015 of our drafts legislation. This legislation is no way reflective of that great work. What process and procedure to allow a Council Member to bypass the Legislative Research Branch, to expedite a legislation that he or she wishes to get in front of Council as quickly as possible. I know for a fact that I can also push legislation to the Legislative Research Branch, who will quickly review it and pass it through our agenda. just a way t saying that if you do go to the Legislative Research Branch, it ith our legislation, and actually, one assigned legislative assistant. That legislative assistant, if the Council Member is drafting many legislations, has a lot of different work to do. This will not only eliminate the task that assistant has to do; it will expedite the process to get the legislation on the agenda. I just want to allow that option and have that written on our code, that way Thank you. CHR. KANUHA: Thank you. Discussion? Ms. Poindexter. MS. POINDEXTER: implications that something may be written up, and we publically read something in or do something. Legislative Research Branch, for me, they are our check and balance. They are the ones who help us to make sure that, as the saying goes, dot your s, making sure that, I guess, that does not put us in any type of unintended consequence of some type of legal issue or something that could be. So, Council Members and see where they go with this. Fs of things going through the Legislative Research Branch. Because you may put something forward and then it would be so wrong, and we bring Corp Counsel up and then it ends up putting a delay on it more anyway later. So again, I will yield at this time. Thank you. CHR. KANUHA: Thank you. Ms. Wille. MS. WILLE: Well, i ight now to send it through LRB (Legislative Research Branch). , couple things I think were, for some reason, I felt time was at an essence, and they said, ell, it just means that Jon or whoever wouldtheir initials on there. And then, if that was something significant to a Council Member, it could raise it. But, you know, I certainly I guess thais there a problem right now that we need another letter? I mean if the Chair think about this a little more seriously. I guess Page 24 -23 October 7, 2015 lying that we should what others have to say. CHR. KANUHA: Thank you. Mr. Onishi. MR. ONISHI: Well, I guess I wanted to get maybe feedback from Mr. Ilagan aboutyeah, I remember. Like, Ms. Ford, you know, she would just come in with legislation. It would make a delay, like Ms. Poindexter mentioned. But, to me, I mean if they going to come in and they going to create their own, you know, whatever they do, and and going get one delay. To me their problem because you could go the right way or you can go the other way. Maybe you can explain a little bit more why you want this, becauselike, we could do it now. CHR. KANUHAo right ahead. MR. ILAGAN: Thank you, Mr. Chairman. hat prompted me to even introduce this? MR. ONISHI: Right. MR. ILAGAN: Currently we can do this right now. I had that same assumption. I tried to waive it through Legislative Research Branch, for some odd reason it did not waive through them. It ended up going to them, and I wanted to put it on the agenda. That really disturbed me. So, t this has never happened to me. It has. MR. ONISHI: Okay. So now, Mr. Chairman, my question going be to Ms. Wille. MS. WILLE get initials. MR. ONISHI: And they would pass that? MS. WILLE: Yeah. MR. ONISHI: Whatever legislation you put in? But then, going back to Mr. Ilagan. So now CHR. KANUHApoint of clarification, I guess. MR. ONISHI: Okay. Page 25 -23 October 7, 2015 Point of CHR. KANUHA: Yes, if the Council M Clarification: the Clerk, signature on it. But in this specific case, which Mr. Ilagan is mentioning, I felt it necessary that it should go through LRB because it was that important. There were certain implications that were so important. That I felt, just to be sure, send it to them, m, and then it can come to the Council. MR. ONISHI: ad legislation be brought upon us and, I mean, we just went through it. Because, to me, up to the responsible party that going get the feedback, right, from the public, from the Council Members. So, to me, I feel that each Council Member should have the right. Because then, if not, then what Mr. Ilagan is doing, is I going support it; to have it written out that the Council Members do have that right. Because, like I said, ike, I showed yesterday. We were told you cannot co-introduce, right? It was like illegal. It would show like maybe Sunshine Law violations. But we just had one yesterday, back in, what, 2007 or 2005? Two members introduced that bill for that rezoning, yeah. But then we were told, when we got in 2007, or 2008 - do that. t like depends on, like I guessand I i. So, by having this in, might be best. It spells it out that the Council Members can waive LRB and move forward with legislation. CHR. KANUHA: Thank you. I think Ms. David was next and then Mr. Chung. MS. DAVID: Yes, thank you Chair. I was looking at this and I am just wondering whether explanatio the question is, that a waiver , or to hold off placing it on the agenda, as a discretion? Tm seeing it two different ways, and I see this as not refusing to grant a waiver, but not placing it on an agenda, to figure out which one it was s discretion. reason to have this rule change because we have Rule No. 30 that spells out the Legislative Research Branch duties. Also, in our Administrative Procedures manual, it really specifies or sets out what the role of the Legislative Research Branch is, and been working. I mean the Cou situations, like those Mr. Onishi are talking about, but those were situations that came up based on Council Members preferences, you know, their desire not to or not to do something, or not to follow the procedures that we have. As far as I understand it, documents in enough time for LRB to review it, not a biggy, except they just nitial it, so Page 26 -23 October 7, 2015 So, for me, the rules and our procedures are in place, and I really think this is kind of unnecessary. It kind of interferes with the discretion of the Chair, whoever that Chair may be. But, I really believe that our process right now is pretty solid, and CHR. KANUHA: Thank you. Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman. You know, I tend to agree with Mr. frustrations. Hard for me toyeah. Because I was always instructedand maybe I should have done more research, but when my staff tells me a certain thing, I just go with it, right? They said everything has to go through LRB. So, I want to ask the Chairman or the County Clerk, and I apologize, Ms. Poind MS. POINDEXTER: Yeah, I know. MR. CHUNG: just tell me what the procedure is, because right now in the rules that I can tell. t really look at Rule 30 that says things got to go to LRB first. So, practice? Can someone help me out here? CHR. KANUHA know if the Clerk has MR. CHUNG requires that, right? Because, I agree; first of all, our body is an inefficient body here, because of the system. A first, that makes no sense. Council Members. LRB should be a resource; if we need help in drafting, then we send it to LRB. Or, if we request something of them, then by all means let them take a look at it. You know, take a second look at it. responsible for what we submit, and , But, I think we cannot allow LRB to be the gatekeeper. But the funny thing about it is, when I look at Mr. Ilagan it makes LRB a place that you have to go to first; because it says, Legislative Research Branch shall review bills unless waived. I think we just take it right out of the equation. They should only be a resource. Yeah, I donut, it all comes down to what is going to be the practice here, as implemented by the Chair. I would strong Page 27 -23 October 7, 2015 to say about it. But, LRB should not be the gatekeeper for individual Council Members. CHR. KANUHA: Thank you, Mr. Chung. Point of Order: MR. ONISHI: So, but Mr. Chung had a question to either you or the Clerk on the procedure. CHR. KANUHA: Well, I said this procedure. The standard procedure is it usually goes through LRB first. So, next up, Ms. Eoff. Y to speak yet. MS. EOFF: Right. privilege to work with LRB. I would recommend that we send our legislation to LRB. always good to have another set of eyes, and thoughts, and level of expertise, when drafting something that may become law. WI thought it was kind of not only unnecessary but I thought it was kind of contrary to itself because, like Mr. Chung pointed out, the first thing I saw, it now says that LRB shall review bills unless the Council MSo because saying that the Councilor the introducer can just say that it will be just kind of to me that you would, in one sentence say that it shall be reviewed, reviewed. So, I had a problem with the thought behind it. I understand now that o maybe that is all we need to clear up, is if we have a policy. I did a little bit of research, ask some questions about this, and I think in different terms the policy may have been different. And, the rule is vague; i t require us to send it to LRB. But, not only working in this branch but being a Council Member, I find, like I said, at more knowledge, more background. the experts at drafting. found that to be a very helpful process. But, if this current leadership, I think there may have been a reason; like Mr. Kanuha stated, why in that particular case he wanted LRB to look at it. I think that is the rule of the leadership, too, to discuss that with the Council Member. In other cases, I guess gone through without an LRB review, and So, maybe this is just an opportunity to kind of clear it up buThat would be my thought. CHR. KANUHA: Thank you. Ms. Wille. Page 28 -23 October 7, 2015 MS. WILLE: Yeah, I guess I disagree with a couple things that have been said. I think that our rule for officers and their dut Chair of committee, is obligated to receive all reports, communications, bills, resolutions, and other items from the public, the Mayor, various departments of government, and individual Council Members, and immediately make the proper referral of these matters. So, I feel, and you know Dru and I have gotten into a couple thingsI had and ons in this list at one point. But, t right. Now, I would expect, if he looks at it, and he has a couple times with mine, and said, I think it would be good, you know, something, you know, then I listen to that and pay attention. But there have been times, and I think about last year, during the State Legislative session, say I had something on home rule or whatever, where there was a real time deal, and I wanted, I wanted it to get through. Where, I could go over and testify with it in my hand or something and I had a reason to do it. I think that if I get badgered by you all to rise to the occasion, and deal with it. I do think its, again, I want to underscore what you all have said, and the value of Legal Research Branch. And, a lot of times I do disagree with them. I think, you knowo it may be a little too bold or a little too something. So, Kanuha is really going along with the rule of being obliged to move Council , even if ith all due deference, I just saying I feel that it is us. W I know sometimes they said, ell, and work this through and work that through They got good suggestions, b obliged. Again, I want to look at them as a resource and not the gatekeeper that o, t like what you wrote, , you know, , weusually it goes through Jon, as well. So, I want to end think that what happened in Council Meut I think it was justeither itinitials on it, worth, , if we go along with it. That we are equally elected, yore here. Page 29 -23 October 7, 2015 I lastly do want to mention is really, you know, we have two vacancies in that department, and you know I have a lot of work. Leslie and the others spent a lot of time in, really, worked over on the weekends sometimes and go way out of their way. Ww. One of those positions was also a specialist. So, I think thatned this to the Chair, them. I wanted to take that extra money and fill it with the Prosecutor, that position for helping with elderly. You know, housing issues for the elderly e we were going to fill those. So, I again stress that we ought to look at filling those positions so that we have a greater resource there. But, I support that we have the right to put forward whatever we want, and ling things in a reasonable way ll make that clear to us. CHR. KANUHA: Thank you. Ms. David. MS. DAVID: Yes, thank you. Very quickly. Given the discussion that Ms. Wille brought up on Rule 4, ule 30, which is the Legislative Branch, maybe this can shed some light and support my position; ments is going to be necessary. Because it sayshe Legislative Research Branch duties on an ongoing basis, LRB as one of those tasks regarding County legislation is to review bills and resolutions proposed by Council Members and all bills that propose amendments to the code. So in here it seems, to me, that as directed by the County Clerk. I d what that means. But , that it means we have a process and it Can somebody explain that, I mean interpret that for me? I have. CHR. KANUHA: If thatMr. Clerk, did you have a follow-up to that? MR. MAEDA: Well, you know LRB is really there as a resource and a support, and we want to support the Council Members as best as possible. certain issues I think thatmy opinion is the Chair does have some discretion because certain times, when maybe issues with the calendar, the agendas maybe cannot support having that legislation on at that time. So, I think there needs to be also some room for discretion. To talk with the Council Members about other administrative issues that may not be just the legislation itself, but it does not not a requirement. CHR. KANUHA: Thank you. Yes, Ms. Poindexter. Page 30 -23 October 7, 2015 MS. POINDEXTER: Anyway, I hear what Council Member Chung said and what Council Member Wille stated. And, yes, what Council Member Chung stated is this rule makes LRB like the gatekeeper, Research Branch shall review the bills and resolutions, it contradicts itself and sUnless the introducer states in writing to the Chairperson that such t just makes it more confusing. And like everybody stated and Council Member David read into, things are in place already. The one caution and the one thing that I wish was still in place, but I think at the time of my first term, rules were changed, where the Chair did not have the authority to say no to any agenda item. I think the Chair should have some type of discretion because we vote that Chairperson in to help, you know, to represent us as a body, and to help. I want to say protect us, but not protect us, but look like the Clerk stated, you know, can it get on this agenda item? Is there something that has some legal implications that are of some concern; that the Chair needs to talk to Corp Counsel about? And, Corp Counsel writes a letter going, y a certain name because of liability or whatever. But, I feel the Chair should have some type of discretion, which is not on here anyway, to deal with. But, this was part of the conversation. About weown selves, and yes, Legislative Research Branch is a resource for us. I always use them because I want to make sure I cross the tand then if something comes up, ot that. But, things are in place already. Wneed this. I think this came about becauseCouncil Member Ilagan, you may have been upset with the Chair for we ities, see more responsibility on the Chair as far as being able to use his discretion to CHR. KANUHA MR. ILAGAN: Thank you, Mr. Chairman. First of all, when I first spoke, I ed this. I just wanted to make that solution. This is in no way in retaliation towards the Chair. I really like the fact that Chair Kanuha is very fair with all the Council Members. This is just what I see, that Chairman in the future. embers who might feel the way I felt, district, and something might have happened. I also want to mention, the way I worded it, people mentioned that it actually makes the Legislative Research Branch the gatekeeper, and I agree with you on Page 31 -23 October 7, 2015 that. The reason why I worded it that way is because the current practice, I believe, 90 percent of the bills require, or 99.9 percent requires initials from LRB in the back of the document before it can be accepted by Council Chair staff. So, I just wanted to make sure that the Council Members are not burdened with additional paperwork, unless they want to waive their bills. I understand that verbal versus writing, writing is more in your face and more solid than a verbal saying, I want to waive it. Legislative Research Branch shall review bills and resolutions prior to filing with the Clerk; which means, now, as we speak, unless the introducer states in writing to the Chairperson that, that review shall be waived. So all you would do is write a memo saying that I want it to be waived. So, . I just s clear. There was, also mentioned, legal implications that are unforeseen. Well, we have Corporation Counsel. I believe all the Council Members understand that if n Counsel. I ieve the Legislative Research Branch has any weight in interpretation of any legal opinion, and not made for that. As we know, Corporation Counsel is our legal opinion, so we have to go through them. LRB goes to them for legal opinion. So, just wanted to point that out. if somebody stops me sao, you have to get initials on, on the back of the document before Council Chair staff can accept it, s where the issue lies. And, the process I feel is solid. The process is solid s also room for improvement. This is the improvement that I have made. If you have any recommendations of making it better, I am definitely open to it. But, I support and I hope you can support me too. Thank you. CHR. KANUHA: Thank you. Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman. Yeah, I cannot support this resolution becausefirst, I support the intent; b If we take that out, your amendmentand g to ask Mr. Kanuha, Chair Kanuha, what he feels about all of this, given what Ms. Wille read regarding all of the various rules. Page 32 -23 October 7, 2015 LRB is required to review but it say at what point they got to review. Rule 4, reading of Rule 4, need for this amendment as long as the Chair is in agreement w interpretation, yeah. Again, like everybody else, this is nothing against LRB, but utilize them the best that we can. I think what needs to be done, thoughbecause I think what some people might be afraid of, and maybe the Chair also, is that in trying to speed things up we actually take a longer time. B well and then we are not able to make the necessary amendments on the floor, so it actually is counterproductive, and I can understand that. But maybe we can change the rules with regard to floor amendments, instead of stopping it at the initial phase. There might be other rules that can be tweaked, but I think this one ut, So having all on this one? CHR. KANUHA: Well, , you know, Council Members have asked to bypass ened before for several things. But with this one, I never held it back. I referred it to the next committee. I just thought that it had enough time. T MR. CHUNG instance you guys are talking what will be the practice hence forth. tted to you from an individual Council Member or will that practice cease? CHR. KANUHA s been any problems with the current practice, besides this one, which is why this came up. MR. CHUNG still going to be voting against this. And, maybe we can think of better ways. I will say this, Mr. Chairman; you know supporter of giving discretion, where discretion is allowed to the Chairman. I mean the Chairperson should be more than just a person who conducts the meeting; you have to have some administrative leeway. ll tell you right now, this might blow discretion in holding bills, okay? But I really strongly urge you, Mr. Chairman, right now, shall be submitted. We can change things later. CHR. KANUHA: And they are. Page 33 -23 October 7, 2015 MR. CHUNG: Are they? MS. WILLE: Can I speak? CHR. KANUHA: They are referred, when we receive them. MS. WILLE: Referred to? CHR. KANUHA: Referred to the appropriate committee, when we get them in time for the calendar date. Before its submitted to us, they are referred to the t hold them back or anything. So once we receive them before the calendar date, or on the calendar date that we receive them, its referred to that appropriate committee. MR. CHUNG: Right. And I withdraw my yield, being the floor. the role of might be referr delay, from the time someone submits something to the time it gets on whatever agenda you decide. You should be the one to decide not LRB, in other words. So, if you say, ot this agenda but maybe next, or even the next one, but it in favor of you scheduling stuff. But, just let CHR. KANUHA saying. I just want to get some clarification on the , from where a Council Member introduces a bill, how it gets referred to LRB. B, you know, right here and now exactly how that process goes. MR. MAEDA: Well, when the Council Members are drafting legislation they send it to LRB, and we work with them to review that legislation. Ultimately, their choice if they want to take the recommendations or not take the recommendations, or move it forward. W cannot do. If they want to send something straight to the Chair for referral, they can. But I think you run the risk of what Mr. Chung had talked about, where legislation is poorly drafted, it areas of the code, and there are some issues that come up during Council, during the meetings. So, LRB is a safeguard but not a requirement. If you want to send things directly without LRB the Council Members about any concerns they have, and maybe ask them. I think been a cooperative process so far. Page 34 -23 October 7, 2015 I know that Ms. Wille had things that were time-sensitive. That she did not wantthat there was no time for LRB to review, and those things were submitted and put on agendas. So, not always required; or not required b resource, i there to help. Most of the Council Members, I think, use LRB in a CHR. KANUHA: Thank you, Mr. Clerk. Ms. Wille. MS. WILLE: I guess I just want to make a point on that Rule 4, which is what the authority of the Chair is, i . . . Now, I see you as honoring that. Y think, if you disagree with a bill or communication that I have, that authority. In terms of managing, there have really get so, we already have a full agenda, I think we all respect that, I mean, a through. But, I think those are two different roles. I did have this issue recently with you, in terms of something that I was submitting, and then also with J Yoshimoto, where hecould he withhold something because he disagreed with e of the Chair, and I think the , I want to say, I agree with Council , that things are clear Council Member Ilagan, I would in a way, just as soon, he withdraw it so that he can reintroduce it if this is not resolved. If anyone has this problem, then we need to address it. I feel good about it, you know, in terms of the initials. If somebody wants to write a letter saying I am waiving this, and thenwe submit an order got to get it , I have to hurry, get it in. You know, they want a certain amount of time, and often s an emergency, been something. So, I just think that they been really, really great in that way. But my issue has to do with really what the role of the Chair is. So if probably voten whefeels that problem, they have a problem in that way. CHR. KANUHA: Thank you. Ms. Eoff. MS. EOFF: Okay, thank you. I just wanted to kind of get one thing clear. Is that, two different things going on. With regards to Rule 4, s anywhat when the Chair receives the referral, he must consider it for the next available agenda. I think that is clear. Page 35 -23 October 7, 2015 My understanding when you are drafting legislation or need a review by LRB, you send in a work request. So say in my case I worked on a bill, and before I even send in the work request, I ask a few questionsmake sure getting on the right track, then my staff will prepare a work request, and you ask LRB to review what you have. So and you want to make sure the next agenda deadline, but thathat Mr. Ilagan was trying to clear up here is different based on his experience. So yeah, I think after this discussion legislation. This wasas he stated at the beginning, because the particular matter that was being revised in the Code was potentiallyjust needed another look at it, so he suggested that it go to LRB or he requested Mr. Ilagan go through LRB. It coming agenda deadline at all. together, collaboratively utilizing the best resources available to us, which is what we have. , wants to do. But, I just feel that the discussion has been healthy and I think the Chair has been fair. I think he should have some control over our body, our agenda, as leadership. TI think when decisions are hard, it just have to be made. I at different problems an agenda or sensitive matter. But, yeah, I would like to move on. Thank you. CHR. KANUHA: Thank you. Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chairman. I haveyou be surprised, I have a lot of faith in the Council Members and also our Chair. I feel like we have discussed this issue to a matter that we canwe know what the issue is, and we understand LRB is a resource, and I believe in that. I would like to postpone this matter to the Chair. That way if something does hap. A, then I have to reintroduce it again and go through the whole process, and it gets sent to LRB. , guys. Motion to Ms. Ilagan moved to postpone Res. 279-15 to the call of the Postpone: Chair. Seconded by Ms. Wille. CHR. KANUHA: Discussion? Ms. Poindexter. MS. POINDEXTER: On the postponement, I would prefer to see it withdrawn, it was the way it was written w done right. So I would rather it be able to come forward and address maybe in some other rules or I listening to all of the comments from the Council Page 36 -23 October 7, 2015 Members, as far as it should be withdrawn and rewritten, or other areas of the code or rules be amended. I wait to hear from the other Council Members. I yield at this time. CHR. KANUHA: Thank you. On the motion to postpone, Ms. David. MS. DAVID: Yes. n postponing this to the call of the Chair. Because based on the discussions that we today, if this is heldlike Mr. Ilagan states, he has all the time in the future to amend his resolution when it comes back on the floor. He already has something to work with, and he can bring an amendment. So, either way. I would go either way, but Mahalo. CHR. KANUHA: Thank you. Any other discussion on the postponement? Mr. Ilagan. MR. ILAGAN: I just want to also make a final comment, that I respect the Chair I appreciate his open mind. Also, he respects not only just the majority but he also respects the minority of this Council. This also does not undermine the integrity of the Legislative Research Branch. They have helped me out on my legislation and have significantly improved that. I just wanted to bring this issue out and brought this little awareness. CHR. KANUHA: Thank you. Any other discussion on the postponement? Hearing or seeing none, all in favor of postponing Resolution 279 to the call of the Chair Vote on Motion to The motion to postpone Res. 279-15 to the call of the Chair Postpone: was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. Okay, Council Member. I think How about we come back at 1:30? Okay, we are now in recess. Recess: At 12:07 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 1:42 p.m. Page 37 -23 October 7, 2015 CHR. KANUHA: Moving on with the agenda. I think, Mr. Clerk, we are on Resolution 281. Res. 281-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE FUNDING TO THE DEPARTMENT OF PARKS AND RECREATION FOR EXPENSES RELATED TO THE HILO SEGMENT OF THE 2015 JAPAN TRAINING SQUADRON GOODWILL TOUR Transfers $1,500 from the Clerk-Council Services Contingency Relief account (Council District 2); and credits to the Parks and Recreation, Culture/Arts Other Current Expenses account. Reference: Comm. 466 Intr. by: Mr. Chung Motion to Approve: Mr. Chung moved to adopt Res. 281-15. Seconded by Ms. David. CHR. KANUHA: Go right ahead, Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman. This is just for ancillary costs that are going to be related to hosting as well as providing supplies to a Japanese military ilo harbor over the weekend. This is the first onefirst such vessel to come to Hilo in over, I think, 45 or 46 years. Wviding some volunteer services, I think at to do and to what extent, but this is just to provide some support for that effort. going to go to P&R (Parks and Recreation). CHR. KANUHA: Thank you, Mr. Chung. Council Members, any other discussion on this? Vote on Res. 281-15: The motion to adopt Res. 281-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Poindexter, Wille, and Chair Kanuha 7. Noes: None. Absent: Council Members Onishi and Paleka 2. Excused: None. Page 38 -23 October 7, 2015 MR. MAEDA: Mr. Chair, can we take a two minute break, just for restarting one of our encoders. CHR. KANUHA: Okay. You got the last vote, right? MR. MAEDA: Yes. CHR. KANUHA: Okay, thank you. We are taking a brief recess. Recess: At 1:43 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 1:46 p.m. CHR. KANUHA: recess. Mr. Clerk, I think we finished Resolution 281 so to Resolution 282. Res. 282-15: 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 KONA COFFEE FESTIVAL FOR EXPENSES RELATING TO THE TH 45 ANNUAL CELEBRATION OF KONA COFFEE Transfers $2,500 from the Clerk-Council Services Contingency Relief account (Council District 6); and credits to the Parks and Recreation Administration, Other Current Expenses account. The festival is scheduled for November 6-15, 2015. Reference: Comm. 469 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 282-15. Seconded by Mr. Onishi. CHR. KANUHA: Ms. David. MS. DAVID: Thank you, mahalo. I believe Mr. Wilfred Yamasawa, from the Kona Coffee Cultural Festival, this morning; and Mr. Matsukawa, from the Kona Young Farmers, did an excellent explanation of what this contingency funds are going to be used for. I think it is well worth the money to do the story of the Kona way of life and honor the Kona coffee farmers for the last 45 years. So, I just would like your support. And, thank you very much. CHR. KANUHA: Thank you, Ms. David. Any other discussion? And also just briefly to those who are watching, Kona Coffee Festival is scheduled for Page 39 -23 October 7, 2015 thth November 6 to the 15 Vote on Res. 282-15: The motion to adopt Res. 282-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. Next item. Res. 288-15: AUTHORIZES THE ACCEPTANCE OF A DONATION OF 25 CASES OF 12 GAUGE AMMUNITION TO THE DEPARTMENT OF PARKS AND RECREATION Donated by Hilo Walmart, and valued at $1,577.50, to be used by the Reference: Comm. 479 Intr. by: Ms. Eoff Waived: FC Vote on Res. 288-15: Ms. Eoff moved to adopt Res. 288-15. Seconded by (Adopted) Mr. Onishi and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. Resolution 289. Page 40 -23 October 7, 2015 Res. 289-15: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE COPY MACHINE FOR THE DEPARTMENT OF PUBLIC WORKS Authorizes the Mayor to enter into a five-year lease agreement for a copy machine for the Hilo Building Division, at an approximate cost of $2,160 per year. Reference: Comm. 480 Intr. by: Ms. Eoff Waived: FC Vote on Res. 289-15: Ms. Eoff moved to adopt Res. 289-15. Seconded by (Adopted) Ms. Poindexter and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. Next item. Res. 290-15: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE COPIER FOR THE OFFICE OF THE CORPORATION COUNSEL Authorizes the Mayor to enter into a five-year lease agreement for a multi- function color copy machine at an approximate cost of $8,000 per year. Reference: Comm. 481 Intr. by: Ms. Eoff Waived: FC Vote on Res. 290-15: Ms. Eoff moved to adopt Res. 290-15. Seconded by (Adopted) Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. Page 41 -23 October 7, 2015 CHR. KANUHA: Motion passes. Next item. Res. 292-15: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN STATUTES SECTION 46-7, TO ACCEPT FEDERAL FUNDS FOR THE Provides $105,045 to the Flex program, which 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 Waived: FC Vote on Res. 292-15: Ms. Eoff moved to adopt Res. 292-15. Seconded by (Adopted) Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. Mr. Clerk, Bills for Ordinances (First Reading.) BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): (Note: Bill 86 was taken up previously, out of order.) Page 42 -23 October 7, 2015 Bill 37 (Draft 3): 1983 (2005 EDITION, AS AMENDED), RELATING TO THE CODE OF ETHICS Amends: 1) Definitions - - amends provision for use of County $50,000 limit on any County contract for goods and services with 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; 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 - establishes a $50,000 limit on any County contract with an officer or employee of the County, or a business in which the officer or employee diate family holds a controlling interest. Reference: Comm. 231.14 Intr. by: Ms. Wille Postponed: September 16, 2015 (Note: There is a pending motion by Ms. Wille and duly seconded by Mr. Onishi to approve Bill 37, Draft 3.) (Note: Comm. 231.17, October 5, 2015, transmitting proposed amendments to Bill 37, Draft 3, was circulated.) (Note: Comm. 231.18, from Council Member Margaret Wille dated October 6, 2015, transmitting proposed amendments to Bill 37, Draft 3, was circulated.) CHR. KANUHA you have the floor. MS. WILLE: Just by way of context, this is an aim towards raising the ethical standards that are expected of County employees, and . I just want to point out, , , an editorial, Gallup Polls Show Americans Think Their Government Is Corrupt. So what , I think, is what we can do and take little steps to sort of raise awareness and consciousness, and give people more trust in the government. Even what Kahu Brian Welsh said today, eing leaders in righteousness, and what we can do. Page 43 -23 October 7, 2015 Before I begin, I just want to acknowledge or thank both members of this Council for helping on some suggestions that have been made along the way in this bill, and making it better and clearer, as well as the suggestions from the Department of Finance. Ad like to amend Bill 37, Draft 3, with the context of Communication 231.18. So, I stress that 18. Thank you. Motion to Amend: Ms. Wille moved to amend Bill 37, Draft 3, with the contents of Communication 231.18. Seconded by Mr. Onishi. CHR. KANUHA: Go right ahead, Ms. Wille. MS. WILLE, but the principle change here iswhat I did have is that no officer or employee of the County or its immediate family members could contract with the County if the contract was for goods and services over a value in excess of $50,000. That had originally been 10,000, or should be no contract, but there were good points raised, both among a number of you, that reallythat 50,000 or any number is arbitrary, whether there is a real conflict of interest. not sure, one other Council Member, you know, what about having more transparency? So, eliminated that prohibition. I am basically saying that an officer or employee of the County can contract, or a member of their Council may contract with any County agency provided, and basically this all goes to open government and transparency, that they disclose the natureyou can read it on page twodisclose the nature of the relationship in advance, as part of the bid, obtained the approval from the Board, and this is referring to Board of Ethics, to the effe. Or, at least have, at that point initially submitted a letter to the Board; that option was suggested by the Department of Finance. So, I worked on that with them. Also, it has in here that disclosures, then the contract would be void, and that was something that was suggested by the County Auditor, Bonnie Nims. So, If you would then go to, the section of Fair Treatment. You know, an officer or employee of the County an unfair advantage. ow do we prevent conflicts of interest and unfair treatment? And then, there are corresponding changes in Section 2-85. Again, allowing for the contracts, where someone is both an employee or their immediate family and Page 44 -23 October 7, 2015 doing a contract, provided all that disclosure takes place. I crossed out the part that says that they have to submit something in so many days before the contract is awarded. If you recall, Lisa Miura, from Department of Finance, testified and I was trying to look at 10 days as meaningless. I had 60 days, And, l what I have in Section 2-83, where they have to provide that notice or submit a petition to the Board of Ethics so people know what If you recall, there was testimony last time. I , and he gave us some disclosure and information, showing an example of how muchI will just take a minute or two to finish up. CHR. KANUHA a little discretion. MS. WILLE: How muchwhere, he was a contractor with the County and then wanted to get the job with the Department of Public Works, and went to the Board of Ethics to makeand they gave him a clear slate. But what he was doing was just showing, that really, we had a great deal of savings going to them. Lastly, I want to say in terms of definitions of immediate family, I tightened that up, also based on input from our oing through everything else. If you all have a question about the other parts, I just s bill, based on the input from the last meeting, trying to make a better bill and moving it forward. And, really. looking at the whole idea that if we are a more open government, that we dosort of balancing between getting the best deal and preventing conflicts of interest, and providing for a clear disclosure to the public. I yield on that. If anyone has over what we discussed before. CHR. KANUHA: Thank you, Ms. Wille. Council Members, discussion? Mr. Onishi. MR. ONISHI: I like your amendments. But the only other thing I would like to see put in, like in the contract section, about having that business clear any conflict with the board, which is the Board of Ethics, right? O from that, back again, unless something changes within their business. Like say, that County , instead of just being like a, you know, someone lower than a supervisor; or maybe becoming like a department division chief or something like that; or maybe the wife might be-who has interest in the company might become a County employee now. That way, to me, would save time on those companies that already got their contract, got cleared by the Board of Ethics. And if going to be the same thing, coming the following year, to me, they should be okay. Should be status quo, and they Page 45 -23 October 7, 2015 the Board of Ethics again to get all the, I guess, to see if CHR. KANUHA: Sure, Ms. Wille, go right ahead. MS. WILLElthough my preference at this point would be to pass what we have here. I something better, you know, add that on. Anyway, that would beI think that amendment on that. But, I will defer to ething that you all want. as best as possible, and I will listen. Although, change at this point is necessary, and that we could do that in a second piece. But again, I would yield again and listen to what others on the Council have to say. CHR. KANUHA: Mr. Onishi, go right ahead. You still have the floor. MR. ONISHI: So, Members, we do have another communication, which is point one seven (.17), and I have that in there. Mr. Clerk, would it be better to read that in also so that way we could have discussion, or if just Members look at amendment at the second reading? CHR. KANUHAan get some sense of where the members might go with this one, and then we can come back to yours, as well. MR. ONISHI: Okay, we can do that then. I yield. CHR. KANUHA: Thank you. Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman. I agree with Mr. Onishi. That was my concern, as well. But first of all, I want to thank Ms. Wille for really trying to integrate all of the concerns that we had. Specifically for me, she took out that $50,000 number, which I thought really had no place in all of this. It has nothing to doa dollar figure has nothing to do with ethical behavior. I would want to see us be able to streamline this process for those people who are affected. how many people would be affected by this. But we can say, something to the effect, I was in the process of writing out something, but, you know, these approvals from the Board of Ethics may be used by contractors for subsequent contracts so long as the basic nature of the employee relationshipm just throwing stuff outhas not changed. So, I mean, just for youryou know, hopefully you can have another Draft 4 later. Page 46 -23 October 7, 2015 support this today since she did address my basic concern, but I really would like to see something else put in there. Thank you. CHR. KANUHA: Thank you, Mr. Chung. Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chairman. Yeah, I also want to say to Council Member Wille, the introducer of this, good job on addressing the concerns. And, I really like the fact that you have on Section (c)(2), employee has obtained approval from the board to the effect that there is no foreseeable conflict of interest resulting from the dual capacity relationship with the County. In the event approval by the board was not obtained in advance of submitting a bid, the officer or employee shall instead submit a copy of a letter or petition requesting review by the board. And, after that, contract shall be void if an officer or employee fails to provide the required disclosure in a timely manner or if the disclosure does not fully and clearly reveal the nature of the relationship between the officer or employee and the Countyhe reason why is some of the issues regardingit affects contracts out in the future. But if it was , a way. I really respect the amount of work, and energy, and time that you invested in this, and I can definitely support your amendment and the Bill 37. CHR. KANUHA: Mr. Ilagan. On first round. Okay, Ms. Wille. MS. WILLE: something up for thewe move this forward, wneed to hear it again. Ts fine with me, or we could pass this as is and submit something as a second. hings more efficient. We keep adding on. Each time I good suggestion, so I have a little bit of interest. done. parate bill, or Council Member Onishi doing it as well, only because this has been going on quite so long. It started with, whatever, several years ago, Mayor Kenoi, and then the prior Council. And, s through. But again, CHR. KANUHA: Thank you, Ms. Wille. Mr. Onishi. MR. ONISHI: Finance, you guys can come up? Just want to get maybe their opinion. Did you guys get to see the? Okay, so you can introduce yourself. (Note: At this time, Finance Purchasing Agent Jeff Dansdill came forward to address the members of the public.) Page 47 -23 October 7, 2015 MR. DANSDILL: Jeff Dansdill, Purchasing Agent. Deanna and Lisa could not make it today, so I can answer any questions you might have. MR. ONISHI: Well, you looked at the amendment that Ms. Wille has. So how does the department feel? How do you feel? MR. DANSDILLWe did have a couple of concerns. One was, on , on page two, the last paragraph, where it talks about required disclosure in a timely manner. We might consist of, to aid us. MS. WILLE: Page two, tell me where? MR. DANSDILL MS. WILLE: It says timely manner here? MR. DANSDILL: So, i CHR. KANUHA -83 (c), in the last paragraph. Page two. MS. WILLE: Oh, MR. ONISHI: So, were talking about the contract will be voided? MR. DANSDILL: Right, correct. MS. WILLE: Okay. MR. DANSDILL MR. ONISHI: Okay, so what would you suggest? MR. DANSDILL: right now, we could talk about. MR. ONISHI: Okay, anything else? MR. DANSDILL: Then also, there was a MR. ONISHI: What is that? Oh, okay. Go ahead, go. Page 48 -23 October 7, 2015 MR. HENRICKS: Sorry. Jon Henricks, Deputy County Clerk. I just heard Mr. Dansdill ask that question. I recall that we had talked about that, when you were drafting this amendment. That specific question was asked, as far as to what constituted the timely manner? The understanding that I had was that timely manner directly relates to item number one, which states that, he nature of the relationship, blah blah blah, shall be provided in full disclosure . . . as part of the bid for a contract or response to a request for proposals. So, timely manner comes in; i the bid for the contract or as part of the request for proposals, then it would not be provided in a timely manner. MR. ONISHI: So, MR. DANSDILL: Yeah, that would be fine. MR. ONISHI: Yeah, that would be fine. wellso be voided, right? Because then if number one, right, so MR. DANSDILL: Right, if void. MR. ONISHI: Right. MR. ILAGAN: Sorry, I just want to also point CHR. KANUHA: Mr. Ilagan, hold on. MR. ONISHI: Well, I can yield to CHR. KANUHA: Is there a point of clarification? Point of MR. ILAGAN: On two, is that, n the event approval . . . was not obtained in Clarification: advance of submitting a bid, the officer or employee shall instead submit a copy of a letter or petition requesting review by the board. they send a copy of a letter that they are requesting review. So, they can still submit their bid. Does that make sense? MR. ONISHI: No. Well, I understand. But the thing is if you going to do number one, you going to need the copy from the Board. And then, number two is saying that you could submit a copy from the Board saying that you are not in conflict, right? Is that correct, Ms. Wille? CHR. KANUHA: Are you asking Page 49 -23 October 7, 2015 MR. ONISHI: That could be a question to Ms. Wille or to Jeff. How do you read this, Jeff? You guys are the ones who going have to interpret this. MR. DANSDILL: Right. We were thinking that last paragraph was after the contract was executed. Maybe the follow-t provided, as required, and ld be void. But this is all still sort of new to us, as well. So, if Council Member Wille can expand. MR. ONISHI CHR. KANUHA: Hold on. Mr. Chung had a point to make about this, as well. I want to MR. CHUNG: You know, I think Mr. Dansdill brings up a really good point. Because especially voiding contracts, you , because you have, you know, a lot of people can object, right, ty. But, I think Mr. Onishi brings up a good point. And, I have to disagree with our Deputy County Clerk. The timeliness cannot only relate to this paragraph or subsection one b-part requirement; you have to have the disclosure, and then you have to obtain the approval. So what I would suggest is, you just say contract shall be void to the effect if it does not comply with the disclosure and approval provisions provided here-above, aYeah, because this first one only deals with the first part of, you know, getting the requestI mean, you know, what is this, regarding the proposal or the Request for Proposal phase of the contracting procedure. So, be used to define the timeliness. But, if we take out the timeliness word altogether then I CHR. KANUHA first read this. But, did you still want toMr. Chung? MR. CHUNG CHR. KANUHA: Okay. Mr. Ilagan. MR. ILAGAN: Thank you. Mr. Chung does bring up a good point regarding this. Section 1 is the disclosure, and Section 2 is the approval of the board. That last paragraph, it only mentions about disclosure, and it should encompass the approval of the board, and the first one and how to make that general enough to account for that. When I previously spoke, I accepted it. Because when I read it, it encompasses a void of contract if they did not fulfill those requirements. I wanted to make sure Page 50 -23 October 7, 2015 that there is something, where the contract would be voided, if the board later on finds out that there is a conflict of interest. But maybe, if you could clarify a little bit more, Deputy Clerk, if you have any further information that could add value to the discussion. MR. HENRICKS: No, I think, that just this provision, as I understood when we were looking at this as an amendment, the standalone beneath number two applies only to number one in a sense that this says that it anything to do with disclosure of any kind. I just think that the standalone provision is probably not placed in the right spot, so that it appears to apply to both items one and two. It might have been better provided within one itself, although that might not have read very well, if you und But it is two, it only applies to the disclosure portion. Ary at all, because the Finance Department could ollowed through onI thought it was there simply becausethat somehow a contract award could have been made without number one being followed, by no fault necessarily, just it was provided at that time. The agency that awarded the Tare that they needed to do that, and somehow it came out, then the responsibility of the agency would be to void it. My understanding was that Ms. Wille wanted explicit language in this ordinance to tell them to do that, not to give the department that awarded the contract the discretion to void it. r contract is void. Now, whether that makes sense in the procurement aspect, know. But, that was my understanding of what the legislative intent for this new subsection (c) was, or is. MR. ILAGAN: suggestion because I like the fact that it covers one and two. And, I like the second sentence in two, because the person who is bidding for the contract is still able to go through the process and not accounting forthere might be a problem with filling in the Ethics Commission. T in the next two months. A through this process. But the fact that they can submit a copy, a letter that they requesting to have theirreviewed by the board, and later on th-on that saysat the end they found out the Ethics Board finds a conflict then it could be voided. So, I just wanted to relay that concerns, Council Member Wille, and I know figure it out how to word it all. Thank you. Page 51 -23 October 7, 2015 CHR. KANUHA: Thank you, Mr. Ilagan. Mr. Onishi. MR. ONISHI: Okay, so I can get back to Jeff again, because I know you had a couple concerns. But, to me, this first one, I think the wording should come from maybe from you or the department, or like from maybe Deanna guys, because you guys going have to deal with this. I easiest if you folks can understand because wegoing to be gone one day, but you folks goingyou going to still be here, so you going have to interpret what had happened, right? better for y helping Ms. Wille in what her concerns are. MR. DANSDILL: Either way is fine with us. We will be more than willing to assist, asked of us, yeah. MR. ONISHI: Yeah, I think that would be better. What was your other concern then? MR. DANSDILL: It was just in regards in implementing these changes. Maybe , maybe like a six-month delay or six-month time period for people to go to the Ethics Board to get approved; so , you know, maybe not being allowed to bid. Or, maybe give them a chance to comply with these changes. MR. ONISHI: That sounds good too, so maybe you can work on that. Anything else? MR. DANSDILL: No, that be it. We were happy with the majority of changes that were made. MR. ONISHI: So, now maybe we shouldforward, right, because then ges that needs to be done. So hopefully, Ms. Wille, will postpone it? So, ou do the motion. Thank you. Thanks, Jeff. CHR. KANUHA: Thank you, Mr. Onishi. Before I get back to Ms. Wille, Ms. David. MS. DAVID: Yes, hi. Thank you, Mr. Dansdill. I think you answered my question. Because given the fact that we were discussing changing the lastthe timely paragraph to apply to both paragraphs, the disclosure paragraph says they shall submit the bid or request for proposal, but then the second paragraph says . . . was not obtained in advance of submitting a bid, they shall submit it by petition. My question was the timing; would that affect your processing of the bid or the proposal, so I think you answered that. Thanks for clarifying that because that was my question, since changing that around. Okay, thank you very much. Page 52 -23 October 7, 2015 CHR. KANUHA: Ms. Eoff. MS. EOFF: I kind of ran into the same problem when I was adding language to Article 42, which is going to come up later, where there was a standalone sentence. It was out of place, so I actually later. But, I think Mr. Henricks touched on that, that maybe this standalone paragraph at the bottom could be incorporated into number one, somehow, and make more sense. CHR. KANUHA: Thank you, Ms. Eoff. Ms. Wille. MS. WILLE: Let me just address what Ms. Eoff said first. Because I actually agree more with Council Members Onishi and Chung, or at least with respect to that we make thisthat it comply with both of those provisions. not quite ecause, really where that itthat this sect Treatment, so standards. Then 285 is like the converse of that, okay, what happens? Let me just say, so you want the person to have disclosed everything. You know, you wantboth of those are really a disclosure. I think that sentence, about the letter, and that really came from talking to Deanna. I mean, we were actually sitting out there and I think Molly was there for part of the conversation. And then it was Bonnie who said that she felt it was important to actually point out that it would be void, that, that should be in here. Anyway, she was more comfortable t do what was right. A h, they just forgot and let it go. That this is important. So anyway, my understanding, , in terms of that last sentence, be really compliant, ne and two; and then, e to coming in every contract. has some, you know, pe there, and that just formake it a little more efficient. But, I do feel that good to be nitpicky on this stuff and where it is contract, so we could have multi-million dollar contracts, and was there a proper disclosure, and getting into ambiguity. said to me, this takes effectis to maybe have it start January 1, which is probably what I would do, and not say six months, but I guess thing. does anybody here have an opinion? Do you want me tosix months might be better because the Ethics Board has hardly any members on it, and that might be a better thing to do. So, maybe I ought to even say July 1. Page 53 -23 October 7, 2015 . Unless if someone wants to, you know, pop up right now plenty of time, on effective date. Okay, I yield. I do think this is important. And, so I now move to postpone. CHR. KANUHA: You want to keep most of this language inside here, going to just amend the MS. WILLE: Yes. So, what do we need to approve? Whis to have this be the working draft. In other words, I just want to check on procedure. In other asked to amend with the isthe process that we and then postpone. this is just a communication. The change is the 50,000, and that we have a good draft. And then, that we suggested right now. CHR. KANUHA: Okay. If you couldokay, you have the floor. MS. WILLEpass this. So, . d like to go ahead, and urge you all to pass to amend Bill 37, Draft 3, with the contents of 231.18. And, we will be addressing the other issues after that. CHR. KANUHA: Mr. Ilagan. MR. ILAGAN: Yes, I agree with that, because once we pass the amendment, at least the Council Members who has further amendments can work off of that draft. CHR. KANUHA Any other discussion on this motion? And just for clarifications p amendthe motion on the floor is to amend Bill 37, Draft 3, with the contents of Communication 231.18. Everyone got it? Okay. All in favor of that motion say Vote on Motion to The motion to amend Bill 37, Draft 3, with the contents of Amend: Comm. 231.18 was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. We are now on Bill 37, Draft 4. Ms. Wille. Page 54 -23 October 7, 2015 MS. WILLE: Okay. Ms. Wille would like to postpone Bill 37, Draft 3, as st Draft 4, until the next meeting of the Council, which is I believe the 21? CHR. KANUHA: Okay, Ms. Wille has moved to postpone MS. POINDEXTER: This is Draft 3? CHR. KANUHA MS. EOFF: As amended? MS. POINDEXTER: Draft 3 is amended. CHR. KANUHA: As amended. Draft 3, as amended, to the next Council meeting. MR. ONISHI: Second. Motion to Ms. Wille moved to postpone Bill 37, Draft 4, to Postpone: October 20, 2015. Seconded by Mr. Onishi. CHR. KANUHA: Is there any discussion on the postponement? MR. ONISHI: I CHR. KANUHA: Mr. Onishi, on the postponement. MR. ONISHI: Yes, on the postponement. During that time that you have, if you can please work with Jeff guys to get, you know, I guess get them to understand what your intent is. And also, if you can look at my communication, and maybe using part of that wordings in your amendment, when you do about for the contractors not coming back again, yeah? Okay, thank you. MS. WILLE: Both of those things I plan to do. CHR. KANUHA: Thank you, Mr. Onishi and Ms. Wille. Any other discussion on the postponement? Page 55 -23 October 7, 2015 Vote on Motion to The motion to postpone Bill 37, Draft 4, to October 20, 2015, Postpone: was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. Bill 78, is that Draft 2? Bill 78 AMENDS CHAPTER 2, ARTICLE 16, SECTION 2- (Draft 2): 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. 422.3 Intr. by: Mr. Ilagan Postponed: September 16, 2015 (Note: There is a pending motion by Mr. Ilagan and duly seconded by Ms. Wille to approve Bill 78, Draft 2.) (Note: Comm. 422.6, from Council Member Margaret Wille dated October 5, 2015, transmitting proposed amendments to Bill 78, Draft 2, was circulated.) CHR. KANUHA: Mr. Ilagan. MR. ILAGANn open motion. It looks like Council Member Wille has an amendment, so her motion. CHR. KANUHA: Thank you, Mr. Ilagan. Ms. Wille. MS. WILLE: Yes, and let me just say here there were some questions and suggestions to CHR. KANUHA: Are you going to move to amend? Page 56 -23 October 7, 2015 MS. WILLE: , Draft 2, with the contents of Communication Number 422.6. Motion to Amend: Ms. Wille moved to amend Bill 78, Draft 2, with the contents of Comm. 422.6. Seconded by Mr. Onishi. CHR. KANUHA: Ms. Wille. MS. WILLE: Okay. Again, if you look at the second page there were questions raised, and feelings that some things were ambiguous or could be better written. So I tried to clarify and just make it clearer. Originally, I had said that the purchase of alcoholic beverages on public funds would be prohibited, and similarly expensive gifts in excess of $100 would be prohibited, and the suggestion was that they be prohibited unless provided by authorized exception. So, nd made it clear that all of this information would be then available to the public. The Department of Finance m not adding any additional work that has to do with, like in terms of travel, that that would be something that would be available to the public. But in terms of Communication 422.6, it was really to clarify the language in parts (b)(4),(5), and (6). be happy to answer. CHR. KANUHA: Thank you, Ms. Wille. Council Members, any comments? Okay. Good, the motion on the floor is to amend Bill 78, Draft 2, with the contents of Communication 422.6. All in favor say Vote on Motion to The motion to amend Bill 78, Draft 2, with the contents of Amend: Comm. 422.6 was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. Now on to the main motion, as amended. Any discussion? Page 57 -23 October 7, 2015 Vote on Bill 78 The motion to pass Bill 78, as amended to Draft 3, on first (Draft 3): reading was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. Okay. Mr. Clerk, Bill 90. Bill 90 (Draft 2): 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. 455.2 Intr. by: Ms. Eoff Approve: FC-35 (Note: Comm. 455.3, from Council Member Karen Eoff dated September 28, 2015, transmitting proposed amendments to Bill 90, Draft 2, was circulated.) Motion to Approve: Ms. Eoff moved to pass Bill 90 on first reading and adopt Finance Committee Report No. 35. Seconded by Ms. David. MS. EOFF: Okay, thank you. As I was submitting for this Draft 2 to come before us today, we realized that there were a couple of things that could be tightened up. Actually, I knew when I first introduced this change to Article 42 there was a couple of structural problems that happened in certain sections. So I went ahead, and with some help of my staff and LRB, we were able to craft this amendment. If okay, I would like to introduce Comm. 455.3. Motion to Amend: Ms. Eoff moved to amend Bill 90, Draft 2, with the contents of Comm. 455.3. Seconded by Ms. Wille. CHR. KANUHA: Ms. Eoff. Page 58 -23 October 7, 2015 MS. EOFF: So just to explain what this amendment does. It kind of just improves clarity. In Section 2-217, there were just some structural changes that happened kind of athere was a hanging statement that was in the middle of all with the way this is laid out. So, that it says, he duties and responsibilities of this commission are: hat I did was take ouhe commission shall give emphasis to land acquisitions where the County contribution can be leveraged to obtain State, Federal, and/or private lands, and I combined it into number one because it has to do with the prioritized list. So that way the following three provisions, which are just the ones that I was adding, grammatically and structurally worked better in the whole section. So nothing has really changed. I just moved the sentence, from standing alone to incorporating it into number one. Oh, another thing, I took something out of number one, as well, because there was a sentence, with regards to the initial formation of this commission, which the original ordinance required that a list be submitted within six months of being confirmed to the commission by the Council; that that commission would submit a list. So that is no longer valid. It was a one-time requirement. The list is now submitted every year for the Charter. But, I just deleted that sentence. And then, there were just a couple of other colons, oh no, not colons but semicolons and periods that are changed. So, nt does. Are there any questions on that one? CHR. KANUHAThank you, Ms. Eoff. Discussion? I d MS. WILLE CHR. KANUHA: Ms. David. MS. DAVID: Thank you, Chair. I just wanted to thank Ms. Eoff for clarifying this bill and also for bringing this forward. I think, though, this issue on maintenance was long overdue and I think this clarification will make the entire Public Access, Open Space together with the Maintenance Fund work well. I look forward to the administration and their help in this, too. So thank you, Ms. Eoff. CHR. KANUHA: Thank you, Ms. David. Any other discussion on the amendment? Ms. Wille. MS. WILLE: Yeah. I just want to echo what Ms. David said. I know that the constituents in my district, particularly those in North Kohala that have worked on Page 59 -23 October 7, 2015 these issues, r, previously by what they thought they had done correctly and then it turned out however things are interpreted differently. So thanks, Council Member Eoff. CHR. KANUHA: I give some discretion to that, because I know on the amendment and you guys wanted to say something. But, any other Council Members would like any other discussion on the amendment, Communication 455.3? Okay, hearing or seeing none, all in favor of amending with Communication 455.3 Vote on Motion to The motion to amend Bill 90, Draft 2, with the contents of Amend: Comm. 455.3 was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. Now, on to the main motion as amended. Any discussion? Ms. Eoff. MS. EOFF: Thank you, Council Members, and thank you for your comments. I did take into consideration input from the Public Access, Open Space Commission, as well as the Department of Finance and the Department of Parks and Rec., and a couple of other letters and discussions I had with interested people who have been a part of the process of nominating parcels for acquisition. One thing Ms. Si questions with that anymore, but there is language already in the Code and the Charter, with regards to providing adequate staff in the Department of Finance. In my original bill, there is also a mention that adequate staff shall be provided by the Department of Parks and Rec., which I think right now, they feel they have; b, in case they do need to advocate for a position. But, basically, yeah, , solve a problem that I saw manifesting over the last few years, and I just wanted to make sure that this process can run smoothly and effectively. So, I ask for your support. CHR. KANUHA: Thank you, Ms. Eoff. Any other discussion? Okay, hearing or seeing none, all Page 60 -23 October 7, 2015 Vote on Bill 90 The motion to pass Bill 90, as amended to Draft 3, on first (Draft 3): reading and adopt Finance Committee Report No. 35 was (Approved) carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. Okay, Mr. Clerk, next item. Bill 96: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING 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 Waived: FC Motion to Approve: Ms. Eoff moved to pass Bill 96 on first reading. Seconded by Mr. Onishi. CHR. KANUHA: Ms. Eoff. MS. EOFF that this is a companion to a resolution earlier today to accept funds from the Federal Highway Administration. CHR. KANUHA: Thank you. Any other discussion? Okay, hearing or seeing none, all Page 61 -23 October 7, 2015 Vote on Bill 96: The motion to pass Bill 96 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. Bill 97. Bill 97: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF 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 Waived: FC Vote on Bill 97: Ms. Eoff moved to pass Bill 97 on first reading. Seconded by (Approved) Ms. David and carried by the following voice vote. Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. Bill 98. Page 62 -23 October 7, 2015 Bill 98: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING ENDING JUNE 30, 2016 Increases revenues in the Federal Grants (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 Waived: FC Motion to Approve: Ms. Eoff moved to pass Bill 98 on first reading. Seconded by Ms. David. CHR. KANUHA: Any discussion? Mr. Onishi. MR. ONISHI: Mr. Chair, maybe at the next reading, if you can have somebody from Police to come over and explain about what the funds going to bewhat are they going to be purchasing? Okay, thank you. CHR. KANUHA: Thank you, Mr. Onishi. Any other discussion? Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chairman. I thought it was a Council Member whonever mind. CHR. KANUHA: Yeah, usually the Council Member that has a question about whether they need the d But, I have no problem with doing that, or Ms. Eoff, the Finance Chair, so we can make that happen. Okay, hearing orany other discussion? Hearing or seeing none, all in Vote on Bill 98: The motion to pass Bill 98 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka - 1. Excused: None. CHR. KANUHA: Motion passes. Bill 99. Page 63 -23 October 7, 2015 Bill 99: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING 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 Waived: FC Vote on Bill 99: Ms. Eoff moved to pass Bill 99 on first reading. Seconded (Approved) by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka - 1. Excused: None. CHR. KANUHA: Motion passes. Bill 81. ORDER OF The Chair directed the Council to proceed to the next order of business, THE DAY Order of the Day (Second or Final Reading). (SECOND OR FINAL READING): Bill 81: AMENDS CHAPTER COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Adds two separate portions of Mohouli Street to Section 24-280 (No parking at anytime), Subsection (c), South Hilo. Reference: Comm. 440 Intr. by: Ms. Poindexter First Reading: September 16, 2015 Page 64 -23 October 7, 2015 Vote on Bill 81: Ms. Poindexter moved to pass Bill 81 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, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. Bill 82. Bill 82: COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Adds a portion of Kaomoloa Road to Section 24-279 (Parking on pavement prohibited at all times), Subsection (e), Kohala. Reference: Comm. 441 Intr. by: Ms. Poindexter First Reading: September 16, 2015 Vote on Bill 82: Ms. Poindexter moved to pass Bill 82 on second and (Adopted) final reading. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. Bill 83. Bill 83: COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO LOADING ZONES Adds the western terminus of Kahauloa Road to Section 24-288.1 (Active loading and unloading zones), Subsection (f), Kona. Reference: Comm. 442 Intr. by: Ms. Poindexter First Reading: September 16, 2015 Page 65 -23 October 7, 2015 Vote on Bill 83: Ms. Poindexter moved to pass Bill 83 on second and (Adopted) final reading. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. Bill 84. Bill 84 (Draft 2): COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Amends Section 24-280 (No parking at anytime), Subsection (f), Kona, by extending the portion of Hina-Lani Street where parking is prohibited. Reference: Comm. 443.2 Intr. by: Ms. Poindexter First Reading: September 16, 2015 Vote on Bill 84 Ms. Poindexter moved to pass Bill 84, Draft 2, on second (Draft 2): and final reading. Seconded by Ms. David and carried by (Adopted) the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. Bill 87. Page 66 -23 October 7, 2015 Bill 87: AMENDS ORDINANCE NO. 15-58, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2015, TO JUNE 30, 2016 Adds the Public Works Kahilu Road Resurfacing State project for $500,000 to the Capital Budget. Funds for the project shall be provided from State Grants Receivable ($500,000). Funds would be used towards labor and equipment. Reference: Comm. 451 Intr. by: Ms. Eoff First Reading: September 16, 2015 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10- Charter Vote on Bill 87: Ms. Eoff moved to pass Bill 87 on second and (Adopted) final reading. Seconded by Mr. Onishi and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. (Note: Comm. 451.1, from Public Works Director Warren H. W. Lee dated September 29, 2015, was circulated.) CHR. KANUHA: Motion passes. MS. EOFF: Mr. Chair? CHR. KANUHA: Ms. Eoff. MS. EOFF: iod, Council Rule Number 15 for Bill 87. Page 67 -23 October 7, 2015 Vote on Motion to Ms. Eoff moved to suspend Council Rule 15 to waive Suspend Council the 5-day hold for reconsideration. Seconded by Rules: Ms. Poindexter and carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. Bill 88. Bill 88: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING ENDING JUNE 30, 2016 Increases revenues in the Transfer from General Fund account ($900); and appropriates the same to the Signs and Markings, Other Current Expenses account (Roadway Safety Mirrors District 3). Funds would be used to install three convex mirrors to provide improved sight distance to driveways in District 3. Reference: Comm. 452 Intr. by: Ms. Eoff First Reading: September 16, 2015 Vote on Bill 88: Ms. Eoff moved to pass Bill 88 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, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. Bill 89. Page 68 -23 October 7, 2015 Bill 89: 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 Parks and Recreation Hilo Trap and Skeet Range Federal project for $643,250 to the Capital Budget. Funds for the project shall be provided from Federal Grants Receivable ($643,250). Funds would be used to upgrade the project, which would include repairing building structures, paving of the entrance road and parking lot, and drywell installation. Reference: Comm. 453 Intr. by: Ms. Eoff First Reading: September 16, 2015 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10- Charter Vote on Bill 89: Ms. Eoff moved to pass Bill 89 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, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Paleka 1. Excused: None. CHR. KANUHA: Motion passes. Before I ask for a motion to adjourn, Mr. s? MR. ONISHI: Mr. Chair, I going have to make a comment. CHR. KANUHA: Okay, hold on. MR. MAEDA: Yes, Chair, w CHR. KANUHA: Thank you. Mr. Onishi. MR. ONISHI: Okay, I might have to reconsider my vote on Bill 98. Because if you look at the documents on Bill 98, and if you look at the last page, it was requested that it be waived from the Finance Committee. But if you look at the bill numbers, it says Bill Number 98, but resolution authorized acceptance of Page 69 -23 October 7, 2015 donation of 25 cases of 12 gauge ammunition to the Department of Parks and Rec. MR. MAEDA: Bill 98. Is that the correct bill, Mr. Onishi? MR. ONISHI: Okay. On the first reading, it says Bill 98, right? The operating budget appropriates $500 to HPD? So, you have this waiver; which isthe bill number is 98, but the reso, the title is about the Parks and Rec. CHR. KANUHACounty Police Department, Click-It or Ticket. MR. ONISHI: But if you look on the last page of the documents, that you folks signed. And if you read the title, it says Bill 98, right, but look at what it says. I we cannot pass that. CHR. KANUHA: Okay. whole differentokay. a different t can I have a motion to reconsider? MR. ONISHI: Yes, I motion to reconsider. Motion to Mr. Onishi moved to reconsider the vote taken on Reconsider: Bill 98. Seconded by Ms. Poindexter. CHR. KANUHA: Mr. Clerk, but I think anybody needs to discuss that. MS. WILLE: Maybe CHR. KANUHA: Okay. Mr. Onishi, discussion? MR. ONISHI: Well, I just wanted to state that I guesss Bill 98 was supposed to be waived or was it to be accepting that donation on Resolution 288-15? Because the ammunition is from Wal-Mart, right, which the title is talking about. MS. EOFF: The waiver has the wrong title. CHR. KANUHAg. MR. CHUNG: Can I ask the Clerk whatI mean is this fatally defective? MR. MAEDA Page 70 -23 October 7, 2015 MR. CHUNG: If some member of the public wants to object to it, then they can. But t the zoning code or e any big deal, quite frankly. But go back to square one CHR. KANUHA: Thank you. Maybe we could get aMolly, would you even have an opinion about that? MR. ONISHI: Mr. Chair, can I maybe mention something to why I brought this up? Is that, because I had mentioned that at the next meeting to have Police responsible person that supposed to invite them. But, it got waived from committee so asked if Police could be here at the next meeting. You know, getting comments that it, so I just bringing this up to show that, hey, it was waived from committee so s why we had no discussion; so I one being penalized to being the one to call Police, tell, Make sure that you know. So, I just wanted to bring that up. Thank you. CHR. KANUHA: Well, this did go throughyeah, okay. Molly. (Note: At this time, Corporation Counsel Molly Stebbins came forward to address the members of the Council.) MS. STEBBINS: Good afternoon. Molly Stebbins, Corporation Counsel. think that the waiver with the wrong heading is fatally defective to the vote that you took. has the wrong heading, or actually it CHR. KANUHA: Ms. Eoff. MS. EOFF: It was intended to be waived. MS. STEBBINS: It was? MS. EOFF: Yes. It just got mixed up with this other one, I think. MS. STEBBINS: Right, for Reso 288. Yeah, you knproperly noticed on the agenda. This particular correspondence with the wrong heading, minor; if you want to move forward, it would be fine. MS. EOFF: And we will make sure that olice here next time. Page 71 -23 October 7, 2015 MR. ONISHI Members to retract what they said to me. CHR. KANUHA: No, we said that we would get that. MR. ONISHI: I know, but I want to just have them retract, that, yeah, like apologize maybe? CHR. KANUHA: Okay. We heard from Corp. Counsel, motion to reconsider. Ms. Poindexter. MS. POINDEXTER: Yeah, my concern is that if we do reconsider this and we hold it off to the next one, it was waived maybe for a reason. That time is of the essence; that they need to get the basketballs, volleyballs, baseballs, footballs for their program. nything that would delay something that is the programs for our youth, our children. So if this was waived for that purpose, because time is of the essence, then I think with what Molly had stated, Ms. Stebbins had stated, I think maybe even, I would hope that we could just allow it to go through. And, maybe Council Member Onishi would be willing to withdraw the reconsideration. CHR. KANUHA: Thank you. Mr. Ilagan on the motion to reconsider, please. MR. ILAGAN: First of all, good catch to Council Member Onishi. Practice is practice, ctice definitely was sent to LRB. CHR. KANUHA: Okay, enough joking around. Withdraw Motion MR. ONISHI, what you call, I mean to Reconsider: reconsideration. CHR. KANUHA: Thank you. MR. ONISHI one rush. $500 is not that much, so I think the department could, within the HI-PAL budget or within Click It Ticket budget, would have money to purchase that. But okay, thank you. CHR. KANUHA: Thank you for noticing that, and we should be able to fix that. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. (There were none.) Page 72 Hawai`i County Council-23 October 7,2015 REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: (There were none.) OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There were none.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) CHR. KANUHA: Can I have a motion to adjourn? ADJOURN- There being no further business, at 3:00 p.m., Ms. Poindexter moved to adjourn MENT: the meeting. Seconded by Ms. Wille and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha—8. Noes: None. Absent: Council Member Paleka— 1. Excused: None. CHR. KANUHA: We are adjourned. MAY 0 3 2017 Council Approval: di COT TY CLERK SM/na/hs Page 73