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HomeMy WebLinkAboutMIN COUNCIL 2015/11/18 2014-2016 th 26 Session 74-5044 Ane Keohoklole Highway, Building A Kailua- November 18, 2015 INVOCATION: Pastor Jason Meechan of the Kona Faith Center was unable to attend. Council Member Maile David CALL TO y Council was called to order at ORDER: 9:03 a.m., in the Council Chambers, Kona, by Mr. Dru Mamo Kanuha, Chair. ROLL CALL: Present: Mr. Dru Mamo Kanuha, Chair Ms. Valerie T. Poindexter, Vice Chair Mr. Aaron S. Y. Chung, Member Ms. Karen Eoff, Member Mr. Greggor Ilagan, Member Onishi, Member Mr. Danny Paleka, Member Ms. Margaret Wille, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge ALLEGIANCE: of Allegiance. (At this time, Ms. Eoff led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, MEMORIALS Petitions, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERITS, AND (Note: At this time Ms. Wille presented a Certificate of Merit to the family EXPRESSIONS of Nelson Doi OF CONDOLENCE: Recess: At 9:13 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:15 a.m. -26 November 18, 2015 (Note: At this time, Ms. Eoff and Ms. David presented a Certificate of Merit to the Kona Legends Senior Softball Team, who won the 2015 World Masters Championship Tournament.) Recess: At 9:25 a.m. the Chair called for a recess. Reconvene: The meeting reconvened at 9:29 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: The following individuals registered to speak and came forward when called by the Chair: James Weatherford: Res. 287-15 (Comm. 476), in support. Susan B. Rice: Res. 333-15 (Comm. 551), in support. (Representing the Education & Art) Abraham Sadegh: Bill 112 (Comm. 533), in support. Jerry Warren: Res. 287-15 (Comm. 476), in support. Iris Viacrusis: Res. 332-15 (Comm. 550); Res. 334-15 (Comm. 552); and Res. 336-15 (Comm. 556), in support. Richard Abbett: Res. 287-15 (Comm. 476), in support. Elizabeth Weatherford: Res. 287-15 (Comm. 476), in support. CHR. KANUHA: Mahalo, for your testimony. Anybody else here in Kona that else wishing to testify on the outer sites, please let me know. If not, I will close public testimony and move on with our agenda. APPROVAL The Chair directed the Council to proceed to the next order of business, OF MINUTES: Approval of Minutes. (There were none.) Page 2 -26 November 18, 2015 COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. (There were none.) CHR. KANUHA out of order. We have Sergeant Pauole in Hilo for Bill 113, that we could just do first Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following items were taken out of order: Bill 113: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING ENDING JUNE 30, 2016 Appropriates revenues in the Federal Grants (HCPD) Leica Scan Station account ($200,000); and appropriates the same to the HCPD Leica Scan Station account. Funds would be used by the Police Department to purchase a Leica Scan Station PS30, accessories, and training, which will reduce the time it takes to reopen a roadway after a fatality investigation and improve fatal motor vehicle collision reports. Reference: Comm. 544 Intr. by: Ms. Eoff Waived: FC Vote on Bill 113: Ms. Eoff moved to pass Bill 113 on first reading. Seconded (Approved) by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes, thank you, Sergeant Pauole. MR. PAUOLE: Thank you. CHR. KANUHA: Okay, we also have Resolution 329 for the Volunteer Fire Department. If we could do Resolution 329. Page 3 -26 November 18, 2015 Res. 329-15: AUTHORIZES THE TO AWARD FUNDS TO THE ANEKONA OULI KANEHOA VOLUNTEER FIRE DEPARTMENT (VFD) COMPANY A grant of $40,000 would be provided to the Anekona Ouli Kanehoa VFD Company to develop and implement a volunteer fire station in Kamuela. Reference: Comm. 543 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved a adopt Res. 329-15. Seconded by Ms. David. CHR. KANUHA: Ms. Eoff did you want to start us off, or we can give it to Ms. Wille? MS EOFF: Okay, go ahead, Ms. Wille. MS. WILLE: Yes, Guido, could you please come up? This is for the Volunteer Fire Department in my district, going down Kawaihae Road. We happen to have many fires in that area, causing a great deal of property, and the recent fire was very serious. Very serious injury to one of the fireman. And we have volunteers for this area, and no place for their equipment. And this would provide a small like utility shed. But if you could speak on behalf of the volunteer department? State your name, and tell us maybe a little bit about the project. (Note: At this time, Volunteer Fire Fighter Guido Giacametti came forward to address the members of the Council.) MR. GIACAMETTInteer for Anekona Ouli Kanehoa VFD -profit that tries to support 9-Bravo. 9-Bravo is a volunteer group that actually fights the fires, most of us is A-okay, are project, and support 9-Bravo. MS. WILLE the money is going to be used for. MR. GIACAMETTI: Certainly. 9-Bravo has been assigned one large, and one smaller brush truck and quite a bit of equipment. There are about 12 members of volunteers, all these vehicles are stored at their homes, and somewhat scattered. Our project is to provide a 2,000 square foot garage building. We have a piece of e have donated professional help, we have final plans, Page 4 -26 November 18, 2015 and we are prepared to start construction when we have collected enough money. And so this funds requested from the County will be a great help to get us started. We have other sources of funds, we have volunteer donations, in-kind donations. We have a State $20,000 appropriation, which we are currently using for pre-construction. And we have efforts afoot to acquire funds from private foundations, and hopefully from the Legislature this coming year. The project is located half way down the Kawaihae Road, and is in a place where djacent to the Ouli mutual self-help housing, across the street from the Ouli rental project, and quite a few homes in the neighborhood. So 9-Bravo has been a big help to the regular fire fighters in stopping wild fires that otherwise threaten homes and property. MS. WILLE: Thank you very much. CHR. KANUHA: Thank you, Ms. Wille. And we also have Chief Honda in him to answer any questions as well, Council Members. MS. WILLE: Okay. Chief, if you have anything else that you would like to add? additional points, that would be great. (Note: At this time, Assistant Fire Chief Glenn Honda came forward to address the members of the Council.) MR. HONDA: Glenn Honda, Assistant Chief, Fire Department. No, I think Guido did a great job with his presentation. The Fire Department obviously supports being able to house any of our equipment, keeping it under lock and key, and having it available for the volunt to get the funding completed. The Fire Department ishow do I say this? We agree MS. WILLE: And I just want to acknowledge all of your personal efforts s coming to my office. I gave some contingency funds the previous year. Just alland to State Legislature. It takes someone to champion each effort, and champion, at least concerned. MR. GIACAMETTI: Thank you for that, but I can assure you we have many other volunteers, that put a lot of time in and a lot expertise. Thank you. Page 5 -26 November 18, 2015 CHR. KANUHA: Thank you, Ms. Wille. Council Members any other discussion? Hearing or seei Vote on Res. 329-15: The motion to adopt Res. 329-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: go to Bills 108 and 110. Bill 108: AMENDS SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL TWENTY ACRES (A-20a) TO FAMILY TH AGRICULTURAL ONE ACRE (FA-1a) AT KALAOA 5, NORTH KONA, AX MAP KEY: 7-3-004:012 (Applicant: Brett W. Ritchie) (Area: Apprx. 5.94 acres) The Leeward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to create a three-lot family agricultural subdivision. The applicant states that the existing dwelling would be demolished and the family would construct three separate residences on lots ranging in size from 1.2 to 3.3 acres. Reference: Comm. 523 Intr. by: Mr. Ilagan (B/R) Approve: PC-34 Vote on Bill 108: Mr. Ilagan moved to pass Bill 108 on first reading and adopt (Approved) Planning Committee Report No. 34. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes, Bill 110. Page 6 -26 November 18, 2015 Bill 110: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL 10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL 20,000 SQUARE FEET (CN-20) AT TAX MAP KEY: 2-2-034:083 (Applicant: Nimr Tamimi) (Area: Apprx. 22,000 square feet) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to construct a 6,300 square and tenant space for other businesses. Reference: Comm. 525 Intr. by: Mr. Ilagan (B/R) Approve: PC-36 Vote on Bill 110: Mr. Ilagan moved to pass Bill 110 on first reading and adopt (Approved) Planning Committee Report No. 36. Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion is approved. Maybe we could just start at the top of the agenda, and go withoh, 109. Sorry, not the top of the agenda. Just real quickly, Bill 109. Page 7 -26 November 18, 2015 Bill 109: AMENDS ORDINANCE NO. 94-6, WHICH RECLASSIFIED LANDS FROM SINGLE FAMILY RESIDENTIAL 10,000 SQUARE FEET (RS-10) TO GENERAL COMMERCIAL 10,000 SQUARE FEET (CG- SOMAP KEY: 2-2-024:008 (Applicant: Eric Hoota) (Area: 26,770 square feet) The Windward Planning Commission forwards its favorable recommendation for this amendment to Ordinance 94-6, which would allow a five-year time extension for an office building to be constructed to accommodate a dental laboratory and financial services. The five-year time extension would commence on the date of the approval of this amendment. Reference: Comm. 524 Intr. by: Mr. Ilagan (B/R) Approve: PC-35 Vote on Bill 109: Mr. Ilagan moved to pass Bill 109 on first reading and adopt (Approved) Planning Committee Report No. 35. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Okay, now we can go to the top of the agenda. Mr. Clerk, Resolution 287. Return to Order The Chair directed the Council to return to the order of business. of Business: ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Page 8 -26 November 18, 2015 Res. 287-15: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF TAX MAP KEY: 9-5- 012:005 SITUATED IN THE KAHUA UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND The 13 acre Kahua 2014 Annual Report of the Public Access, Open Space, and Natural Resources Preservation Commission for its historical significance and cultural importance. Reference: Comm. 476 Intr. by: Ms. David Approve: FC-37 Postponed: October 20 and November 3, 2015 (Note: There is a pending motion by Ms. David and duly seconded by Mr. Paleka to approve Res. 287-15.) CHR. KANUHA: Ms. David. MS. DAVID: Yes, mahalo Chair. Thank you very much this morning for testimonies given from Mr. Weatherford and Mr. Abbett, and also Mr. Warren in Hilo regarding this matter. As you guys may recall earlier in the prior meeting regarding this matter, Mr. Chung had raised a question on whether there were some concerns in the fact that Mr. Weatherford may have had a special interest in the PONC creation, because of his employment with Mr. Jacobson. So Mr. Aaron Chung asked me to investigate this matter, and I did. And I checked the records, and with nd in the interest of transparency and open government this is what I found. In the term 2004-2006, where Mr. Jacobson introduced this matter, it was not the first time that the consideration of creating a public access, open space commission arose. It initially came about in the Council term 2002-2004, and it was brought forward by then Council Member Gary Safarik as a charter amendment, and that measure failed. Then at the time Mr. Jacobson introduced this matter in the 2004-2006 term, it was introduced as Bill 78, it was legislation again creating the PONC. It was dated March 18, 2005, and introduced by Council Member in the Finance Committee, and it was heard in April 2005. Bill 78 became effective on June 13, 2005, and Mr. Weatherford employment, Office, his employment with Mr. Jacobson began on July 1, 2005, after the effective date of Bill 78. And so in that regard, I believe I think we have cleared up any concern in my ial interest of the Weatherfords and this property. And I have echo the testimony of Mr. Abbett, that what we are here to consider, given the fact that we have clarified what was the major concern, is Page 9 -26 November 18, 2015 that this property is very significant in our cultural history, and it is worth preserving. So in that respect, I yield. CHR. KANUHA: Thank you, Ms. David. Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman, for allowing me to speak. Yeah, in response to what Ms. David provided to all of usand first of all, I really appreciate you doing that background check. But during the course of her discourse she talked about Mr. Chung, you know, asked these questions, and which I did. But really the theme of my questions, were really for the sake of telling the truth, a concerned citizen, which we as a legislative body have to follow up if there is a possibility of wrong doing. So I just wanted to get that straight, okay. Ms. David, I also agree with Mr. Abbett, because as you well know right after that hearing I spoke with you, and I said, Maile, just letting you know I support your initiative, because I trust your judgement. but we as a body have to do the necessary follow-up, just to maintain the public trust. that everybody understands here, right, the reasons for my questions. I I have anything against the Weatherfords, or even had questions about this. But I if we did not follow up. T support it. Thank you. CHR. KANUHA: Thank you, Mr. Chung. Mr. Onishi. MR. ONISHI: Okay, thanks. Can I have Hamana Ventura, you can introduce yourself when you come up. (Note: At this time, Property Manager Hamana Ventura came forward to address the members of the Council.) MR. VENTURA: Aloha, good morning. Hamana Ventura, Property Manager. MR. ONISHI: Thank you for coming. I just had a question, is it possible to subdivide this property, where we just take or 18 acres? MR. VENTURA: 13 acres. MR. ONISHI: Is the whole 13 acres historical, or just a portion of it? Page 10 -26 November 18, 2015 MR. VENTURA presented the 13 acres in totality was included in the application, and they believe that the entire parcel to have significance. MR. ONISHI: Okay, because I mean say like three acres is that historical part and the other 10 could be used as agriculture. I mean, what a waste right? Because we could have somebody to farm that property, or the Weatherfords could be farming that property on the 10 acres. And then just preserving the other three acres that could come under the County. MR. VENTURA: I believe part of the process is one do a total survey, bring in the experts to survey the entire property for archaeological significance. It may be dispersed throughout the parcel. MR. ONISHI: But then when a person buys a property, does that trigger anything like a survey being done? MR. VENTURA: It does. MR. ONISHI: And so when you purchasing a property, would it be known to purchasing? MR. VENTURA through just buying a cash sale. MR. ONISHI: Right. MR. VENTURA: And survey may not be required. How buyers and sellers negotiate between themselves, there are different types of transactions. If we were going for financing, whoever is providing the money may end up requiring survey, phase one environmental, some additional items to meet the criteria to lend money on the property. But in the case properties are bought with cash, then the sellers and buyers have the ability to negotiate in regards to what makes a trans required on every transaction. MR. ONISHI: Okay, good. MR. VENTURA: There have been properties that may have been acquired via cash transaction or handed down through inheritance or surveys, or studies have archaeological significant items on these properties that never been discovered. Page 11 -26 November 18, 2015 MR. ONISHI: Okay, so once this resolution is passed, then would you folks be able to get that information on how the purchase was done, and if there was any survey done before? MR. VENTURA: We can check into that. MR. ONISHI: Yeah, okay. You know why, once we pass this reso, . You guys are not coming back to us, right? MR. VENTURA: No. MR. ONISHI: And so, like I mentioned, is it possible for you guys to look into maybe subt like two acres, then why are we going to take the other 11, when it could be used in production of agriculture. And we talked about being sustainable, and now we going take out maybe whatever acres out of the land bank of agricultural land, right. And so that much less we get . And then the last thing, I think at the last meeting or the first time this came up, was mentioned a buyer for that property. Do you know anything about that? MR. VENTURA: No, MR. ONISHI: Okay, thank you. MR. VENTURA: Thank you. CHR. KANUHAthe first round Council Members. Anybody on the first round? Okay, moving on to the second round Ms. David. MS. DAVID: Yes. Thank you, Chair. And with respect to the location of the sewage treatment plant, in the State Historic Preservation Division letter to Mr. Weatherford, they clarify that the environmental review of the wastewater treatment plant included a proposed easement through parcel five, which is Kahua Oloh. So I just wanted to confirm that. Also, with respect to the significance on whether in the archaeological survey report that they did in conjunction with the proposed location of the sewage t when I cover my proposed amendment for the resolution, but I wanted to confirm that, a part of it, the entire parcel according to the archaeological survey was a gaming field. And there are many gaming fields throughout Nlehu. And so I will save my further discussion when we discuss my amendment. Thank you. CHR. KANUHA: Thank you. I saw Mr. Chung had a question, no. Okay, Ms. David, you might as well just make the amendment or make a motion now. Page 12 -26 November 18, 2015 Motion to Amend: Ms. David moved to amend Res. 287-15 with the contents of Comm. 476.9. Seconded by Mr. Paleka. CHR. KANUHA: Ms. David. MS. DAVID: Thank you, Chair. So before I explain the reasons for bringing forward these amendments, I would like to also just thank Mr. Chung for clarifying that this was a concern of a testifier, of a constituent. And the reason I named him in my response was because he personally asked me to investigate this, and I agreed because I believe that we need to be transparent, as he said. So at I had with three constituents. Two native Hawaiian constituents, that met with me and discussed the current form of my resolution, and what they interpret my resolution by reading it to imply thatand some of the testimony that was given, written, that Kahua Olohas the actual makahiki ground. And after a lengthily discussion and verifying this matter with the archaeological report, it was actually the gaming ground that is associated with makahiki. And and I told her that I would be willing to make the amendment to make it clear that people will not assume that this 13-acre parcel is the makahiki grounds. Because the makahiki grounds is huge, and gaming fields were scattered throughout the makahiki grounds. So I really thought that was very important to clarify, before we move forward. So I thank Darlene, Liz, and Allen, for meeting with me, and this is why I had brought forward the proposed amendment. And I also did a little bit of house cleaning, because based on that we need to go into that much detail in the sixth Whereas. And therefore if you look at Comm. 476.9, you can see that I actually clarify that the sight is associated with the historically famous wahi panaUsed as the traditional gaming field for Hawaiian sports and makahiki. I deleted paragraph two which is redundant, because I think it describes it adequately in paragraph one. Changed paragraph three to paragraph two, and deleted in its entirety paragraph four, because basically, based on testimony from the PONC Alex, i for that. So I deleted that in its entirety. a cleaner reso, ias far as its reference to the significance of this place. And that means that I ask your support. CHR. KANUHA: Thank you, Ms. David. Council Members, on the amendment, Mr. Paleka. MR. PALEKA: Are there any plans for this property, if it is acquired? MR. VENTURA: Well our plans are to preserve it. Page 13 -26 November 18, 2015 CHR. KANUHA: Again, can you restate your name for the record. MR. VENTURA: Excuse me, Hamana Ventura, Property Manager. Of course our plans are always to protect and preserve. Going forward then stewardships our stewardship community, based on community input. There may be some cultural activities that we may be able to utilize the property for, based on MR. PALEKA: Thank you. CHR. KANUHA: Thank you, Mr. Paleka. Any other discussion on the amendment? Ms. Eoff. MS. EOFF: Well specifically to the amendment, I think Ms. David did her due diligence and made good corrections here. So I totally support the amendment. A, there probably are quite a lot of acres of historically significant sites in this area, but unfortunately, you know, we can only really preserve and utilize some of them. And through this fund, we have the opportunity to maybe, like Mr. Ventura just stated, reuse the lands for those purposes that they were once used for, which would be an asset to our Hawaiian culture and to the community at large, just to be able to learn and see and do, and keep Hawaiian culture alive. hy I support this fund so wholeheartedly, is because like we were saying yesterday, there is pressure to develop. There is more people coming here and when we do have an opportunity to leave some lands in open space, and further opportunity to be able to revitalize them for purposes that, you know, could be educational, I thinnd thank you for helping us understand that. And this reso actually just authorizes you to do the as I understand it, now you have to look into it further to get to the final purchase. But thank you, Ms. David. Thank you. CHR. KANUHA: Thank you, Ms. Eoff. Any other discussion on the amendment? Okay, hearing or seeing none all i Vote on Motion to: The motion to amend Res. 287-15 with the contents of Amend: Comm. 476.9 was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. Page 14 -26 November 18, 2015 CHR. KANUHA: Motion passes, we are now on to main resolution as amended. But because of our Rule 24 and the changes that we made, this is up for final reading, s anyyes, Ms. David. MS. DAVID-day reconsideration. CHR. KANUHA: Would you like, no, no. Would you like to suspend our Rule 24? MS. DAVID: Yes. Move to suspend Rule 24, so we can vote on it today. Vote on Motion to Ms. David moved to suspend Council Rule 24 to waive Suspend Council the holdover for substantive amendment of Res. 287-15. Rule: Seconded by Ms. Wille and carried by the following voice (Approved) vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes, so now we can actually discuss this, and vote on this today. Ms. David, on the main motion as amended. MS. DAVID of transparency and open government, and I just ask for your support for this very important purchase. Mahalo. CHR. KANUHA: Thank you, Ms. David. Mr. Onishi. MR. ONISHI: Yeah, I just wanted to let the public know, because I guess the sewer plant or wastewater treatment thing, was supposed to be located on that property. But then Thank you. MS. DAVID: Thank you. The initial proposed sewage treatment plant surrounded this parcel. S when they fou where the sewage treatment plant was going to be located, had so many archaeological sites and features, that they recommended that it not be used as the proposed site. So as far as I understand it Nlehu. So does that answer your question? Page 15 -26 November 18, 2015 CHR. KANUHA: Thank you, Ms. David. Thank you, Mr. Onishi. Any other discussion on this resolution as amended? Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman. You know, t going to say, talk about this. But first of all, the bottom line is I support this, okay. I support Maut you know, I got a number of calls regarding this. raise some of the concerns, so I have to least on behalf of those persons who contacted me none of whom were Mr. Warren coincidentally, okay. But this actually piqued the interest of quite a bit of people. And you know, right after our meeting I did do follow-up on the timing of everything. And then, you know, it is as Ms. David stated, you know, it was Mr. Jacobson who introduced this, I think M that time. , heightened state of alert as it relates to ethics, and even with my explanation, rect. Okay, there are concerns. You know, people are always worried about insider information and g aspersions towards anyone here, but I just want everyone to know, that there are people in the public who are concerned about this. But as Mr. Abbett stated, and I stated earlier, that has nothing to do with the merits of this resolution which I continue to support. So I will do that, but on behalf of the people who did contact me, and maybe others have received those same communications, I think I owe it to them to at least state their concerns, thank you. CHR. KANUHA: Thank you, Mr. Chung. Ms. David. MS. DAVID: Yes, thank you. And thank you for informing me of that, and would you be able to have them call my office? Because if my constituents is unapproachable, w ened state of accountability, but I believe that if there are valid concerns about ethical matters, that this is not the body to deal with it per se. That we can address it as much as we can, and bring it out in open session. these concerned citizens may have. If we can support the resolution anyway, , I would like to give them an option. I this body, then I think I need to tell them where they can go, where they can take their concerns to get it properly addressed. You know, perception is perception, but I brought forth facts about the timing of this entire purchase and creation of Page 16 -26 November 18, 2015 the PONC can contact, so I can at least talk to them. CHR. KANUHA: Mr. Chung, if you could respond. MR. CHUNG: Thank you. You know, I d, I . The people who called or talked to me, were just people who are concerned about the process. Not so much the specifics of this measure, but just in terms of ethics, okay. And like anything else, , maybe s like any other measure, when you think about it if you public see And tt the nature of the game, right. B s of no consequence to this measure, okay. But I just wanted to say on their behalf, that there are some concerns about other things, and t CHR. KANUHA: Thank you, Mr. Chung. Ms. David, if you could just finish this off, and send us on a positive note here. MS. DAVID: Yes, I will. I would appreciate it very much, support of this measure, and thank you very much for the discussion. CHR. KANUHA like to say I support this as well. You know, glad to see all the workings going on between each and everyone of us to make sure that these resolutions and bills are passed and vetted thoroughly. So I appreciate that process. All in favor of Resolution 287-. Vote on Res. 287-15 The motion to adopt Res. 287-15, as amended to Draft 2, (Draft 2): and Finance Committee Report No. 37 was, carried by (Adopted) the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes, thank you very much. I know Ms. Rice has been waiting awhile, can we please go to Resolution 333? Page 17 -26 November 18, 2015 Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following item were taken out of order: Res. 333-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO PROMOTIONAL ADVERTISING AND MATERIALS FOR THE SOUTH KONA CULTURAL EVENTS Transfers $3,000 from the Clerk-Council Services Contingency Relief account (Council District 6); and credits to the Research and Development, Tourism Promotion account. Funds would be used for promotional advertising and materials for exhibition rooms showcasing Hawaiian quilts and artistry. Reference: Comm. 551 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 333-15. Seconded by Mr. Paleka. CHR. KANUHA: Go right ahead, Ms. David. MS. DAVID: Thank you very much. Thank you, Ms. Rice, for coming and describing the events of the SKEA (South Kona Education Association) project. And I would just like to, aside to what she says, I know where SKEA been in existence for as long as I can remember. And I really believe that your two programs are going to do justice to the community of South Kona, and promote the Hawaiian quilt and the artistry that is very up and coming in our little rural town of South Kona. So thank you very much for all that you do, and the children that you serve and the kupuna that you serve, too, in South Kona. And I would just want to ask for my Council Members support. CHR. KANUHA: Thank you, agenda, but if you could just say what SKEA means. You know, some people in the public might not understand exactly what SKEA stands for. (Note: At this time, Education and Art, came forward to address the members of the Council.) MS. RICE: It stands for South Kona Education Association. That was our Education and Art. Because we felt that having the term art in there was a great importance, and that everybody knows it as SKEA. And as Maile has indicated, in 1981, by a group of families who wanted to provide art education for their Page 18 -26 November 18, 2015 children and other children as well. And it has expanded over the yearstill a small organization, but we do as much as we can, and our programs, we hold them to a very high standard, and our community really appreciates that. CHR. KANUHA: Thank you. Council Members, any other discussion on this resolution? Okay, hearing or seei Vote on Res. 333-15: The motion to adopt Res. 333-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes, thank you. MS. RICE: Thank you. CHR. KANUHA: five or ten minute recess. Okay, recess. Recess: At 10:34 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 10:45 a.m. CHR. KANUHA: We are coming out of recess, mahalo for your patience. Mr. Clerk, if we could just go right down the agenda with Resolution 312, Draft 2. Return to Order The Chair directed the Council to return to the order of business. of Business: ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. (Note: Items in this category were taken up previously, out of order.) Page 19 -26 November 18, 2015 Res. 312-15 AUTHORIZES THE ACCEPTANCE OF THE DONATION OF LOT 45, (Draft 2): SITUATED AT KAIWIKI, DISTRICT OF SOUTH HILO, ISLAND OF AX MAP KEY: 2-9-004:014 (POR.), FROM KAHUNA FALLS, LLC, DBA KAHUNA FALLS OF MARYLAND, LLC The donation would remedy a County paved road encroaching onto private property. Reference: Comm. 515.2 Intr. by: Ms. Poindexter Approve: PWPRC-18 Vote on Res. 312-15 Ms. Poindexter moved to adopt Res. 312-15, Draft 2, and (Draft 2): Public Works and Parks and Recreation Committee Report (Adopted) No. 18. Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Next item. Res. 320-15: ACCEPTS THE DEDICATION OF ROAD LOTS 50, 51, R-3, R-2-B, 501, 502, 503, 6-C AND 142, BEING A PORTION OF TAX MAP KEY NOS.: 7-3- 060:051 (POR), 7-3-061:053 AND 054, AND 7-3-010:057, SITUATED AT TH KALAOA 5 CORPORATION The road lots would be used for public roadway purposes. Reference: Comm. 529 Intr. by: Ms. Poindexter Approve: PWPRC-19 Page 20 -26 November 18, 2015 Vote on Res. 320-15: Ms. Poindexter moved to adopt Res. 320-15 and Public Works and Park and Recreation Committee Report No. 19. Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes, next item. Res. 321-15: ACCEPTS THE DEDICATION OF ROAD LOTS 110, 111 AND 509, BEING A PORTION OF TAX MAP KEY NOS.: 7-3-060:051 (POR) AND 7-3- TH 061:053, SITUATED AT KALAOA 5, DISTRICT OF NORTH KONA, HOLDINGS, INC., A CORPORATION The road lots would be used for public roadway purposes. Reference: Comm. 530 Intr. by: Ms. Poindexter Approve: PWPRC-20 Vote on Res. 321-15: Ms. Poindexter moved to adopt Res. 321-15 and Public (Adopted) Works and Parks and Recreation Committee Report No. 20. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes, next item. Page 21 -26 November 18, 2015 Res. 325-15: SLATE OF OFFICERS FOR FISCAL YEAR 2015-2016 This resolution would approve the following HSAC slate of officers: President, Michael P. Victorino (Maui County Council - Gladys Baisa, Daniel K. Paleka Jr., Alternate); Treasurer, J. Ikaika Anderson (Honolulu City Council - Joey Manahan, Alterna Council - Ross Kagawa, Alternate). Reference: Comm. 539 Intr. by: Mr. Onishi Waived: GREDC Motion to Approve: Mr. Onishi moved to adopt Res. 325-15. Seconded by Ms. Eoff. CHR. KANUHA: Go ahead, Mr. Onishi. MR. ONISHI my colleagues support. At the HSAC the meeting when we had this done, when we voted on it, I told them that I would be supporting it even though the Council Member watching this live stream. That you know, had been happening in the past, encourage you folks to support this. Thank you. CHR. KANUHA: Thank you, Mr. Onishi. Council Members, any other discussion? Hearing or seeing no other discussion, all in favor of Resolution 325 . Vote on Res. 325-15: The motion to adopt Res. 325-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Next item which is Resolution 330. Page 22 -26 November 18, 2015 Res. 330-15: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE OF TRANSPORTATION SECTION 46-7, POLICE DEPARTMENT Funds of $200,000 would be used by the Police Department to purchase a Leica Scan Station PS30, accessories, and training, which will reduce the time it takes to reopen a roadway after a fatality investigation and improve the completeness, consistency and accuracy of the Motor Vehicle Accident Report Diagram in fatal Motor Vehicle Collision reports. Reference: Comm. 544 Intr. by: Ms. Eoff Waived: FC Vote on Res. 330-15: Ms. Eoff moved to adopt Res. 330-15. Seconded by (Adopted) Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Next item. Res. 331-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FOUNDATION, TO ASSIST WITH EXPENSES RELATED TO TRANSPORTATION FOR THE STARBASE DURING THE 2015-2016 SCHOOL YEAR Transfers $1,000 from the Clerk-Council Services Contingency Relief account (Council District 4); and credits to the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 548 Intr. by: Mr. Ilagan Motion to Approve: Mr. Ilagan moved to adopt Res. 331-15. Seconded by Mr. Paleka. CHR. KANUHA: Good ahead, Mr. Ilagan. Page 23 -26 November 18, 2015 MR. ILAGAN: Thank you, Mr. Chair. This resolution originated because of Council Member Onishi and his advocacy in the Starbase program. I am aware in the Puna area, who is also involved in this program. And I want to support Mr. Onishi and also the Starbase in this effort, and this is the in the support. And I hope that my fellow Council Members can support me, thank you. CHR. KANUHA: Thank you, Mr. Ilagan. Any other discussion? Hearing or see. Vote on Res. 331-15: The motion to adopt Res. 331-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Resolution 332. Res. 332-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL FOR EXPENSES RELATING TO THE INAUGURAL SAKADA DAY CELEBRATION Transfers $2,000 from the Clerk-Council Services Contingency Relief account (Council District 4); and credits to the County Resource Center account. Reference: Comm. 550 Intr. by: Mr. Ilagan Motion to Approve: Mr. Ilagan moved to adopt Res. 332-15. Seconded by Mr. Paleka. CHR. KANUHA: Go right ahead, Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chair. First of all I just want to say this is, supporting the Sakada Day celebration. But I want to also point out that Council Member Poindexter and also Council Member Paleka is putting in money into this effort. And I just Page 24 -26 November 18, 2015 wanted to recognize their support, because this is more of a collaborative effort than a single Council Member like myself putting in the $2,000. And I just , as a testifier mentioned earlier, the history of this effort. And I just want to thank the Council Members who are putting in money into this, and I hope that it will be a great success. Thank you. CHR. KANUHA: Thank you, Mr. Ilagan. Any other discussion? Hearing or see. Vote on Res. 332-15: The motion to adopt Res. 332-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Resolution 334. Res. 334-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST WITH EXPENSES RELATED TO THE INAUGURAL SAKADA DAY CELEBRATION Transfers $1,000 from the Clerk-Council Services Contingency Relief account (Council District 5); and credits to the County Resource Center account. Reference: Comm. 552 Intr. by: Mr. Paleka Motion to Approve: Mr. Paleka moved to adopt Res. 334-15. Seconded by Ms. David. CHR. KANUHA: Go right ahead, Mr. Paleka. MR. PALEKA know, going back when you think about it, this celebration is to commemorate those brave souls, those pioneers that came over, it must have been really, think back must have been really hard. I away to a foreign land to go to work and try and make a better life, not only for Page 25 -26 November 18, 2015 yourself but for your family. So I just hope everyoneI want to thank my fellow Council Members Ilagan and Poindexter in supporting this celebration. And thank you for all the volunteers and supporters who are going to carry on this CHR. KANUHA: Thank you, Mr. Paleka. Any other discussion? Hearing or see. Vote on Res. 334-15: The motion to adopt Res. 334-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes, next item. Res. 335-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO TRANSPORTATION EXPENSES FOR THE 2015-2016 SCHOOL YEAR Transfers $400 from the Clerk-Council Services Contingency Relief account (Council District 2); and credits to the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 555 Intr. by: Mr. Chung Motion to Approve: Mr. Chung moved to adopt Res. 335-15. Seconded by Mr. Onishi. CHR. KANUHA: Go right ahead, Mr. Chung. I want to make sure your microphone is on. MR. CHUNG: I wanted to echo a remark made by Mr. Ilagan with regard to the efforts made by Mr. Onishi was really the one gathering all of these funds. And I wanted to giveyou. You know, this really trying to get these things, and you guys all know how he can be, right. You $400 amount. I figured if I made an odd Page 26 -26 November 18, 2015 amount he would forget, but after two months he remembered the exact amount. So it was hard for me to back out at that point already. So just be careful okay, CHR. KANUHA: Thank you, Mr. Chung. Any other discussion Council Members? Okay, hearing or see. Vote on Res. 335-15: The motion to adopt Res. 335-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes, Resolution 336. Res. 336-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL FOR THE SAKADA DAY CELEBRATION 2015 Transfers $2,000 from the Clerk-Council Services Contingency Relief account (Council District 1); and credits to the County Resource Center account. Reference: Comm. 556 Intr. by: Ms. Poindexter Motion to Approve: Ms. Poindexter moved to adopt Res. 336-15. Seconded by Mr. Paleka. CHR. KANUHA: Go right ahead, Ms. Poindexter. MS. POINDEXTER: And I liked to also echo what Council Member Ilagan and Council Member Paleka stated so eloquently. And that we honor our Sakadas and all of those who came before us, because they built these plantation towns on their backs. They worked hard, so that we could have what we have today. And honoring the cultural in why ei, this beautiful place, it was because of their hard work. So thank you, I ask for your support. Aloha. CHR. KANUHA: Thank you, Ms. Poindexter. Mr. Chung. Page 27 -26 November 18, 2015 MR. CHUNG: since three people contributed to this, if so CHR. KANUHA: Ms. Poindexter. MS. POINDEXTER: Okay, sharing a lot of the culture and history of why we ue into the Sakada celebration from our Barrio Fiest and America. And the sugar plantation. So we just had Romel Dela Cruz, his dad was in my area in o he was one of the last Sakadas that were alive and just passed away. But we still have some Sakadas still alive, that we want to celebrate culture when they came to work on the plantation. MR. CHUNG: way back when, when they had the centinial I gave $20,000 dollars for that celebration. MS. POINDEXTER: Wonderful, thank you. MR. CHUNG: t you know, I would maybe be interested in they going have like some kind of presentation, what is it? MS. POINDEXTER you meet with? Because I met with Iris and the presentation, and some of the history behind some of the Sakadas, and actually trying to get some of the that money, I remember we had a big celebration of Sakada basically Iris them are looking at when they came into Olaa, because that has a area, which I them to look at the rich culture and why Olaa use to exists. And what happen there when they came to work in the Olaa plantation. CHR. KANUHA: Mr. Ilagan. MR. ILAGAN: CHR. KANUHA: I think Mr. Chung was just asking questions, so if you want to follow up on that original question. MR. ILAGAN: Thank you. As Council Member Poindexter mentioned, Iris is currently planning and sharing the committee to have this celebration. And I just Page 28 -26 November 18, 2015 want to read out the points that were emphasised regarding the request. What Iris mentioned is, this is the first ever Sakada day, and it will be held where this dedicating December 20 as Sakada day, an honor that has been long overdue. 15 Filipinos working as plantation workers. Filipinos since then have been great contributors in our community, I humbly accepted the position of the Chairperson. So this is what she wrote to us, and her plan or his plan, is to showcase the rich heritage of these brave Filipinos, and present an exhibit that will show how they will lend some artifacts from the plantation era including tools, photos, and clothing, along with a fiesta type of gathering with a talk story session with Sakada offspring. Invite authors of books about plantation life, like Patricia Brown. The honors of Filipinos in our community, we help promote the heritage of the Filipinos and their contributions to the community. also this part I must read. No Filipino celebration is complete without the famous fiesta, highlighting pinoy food, lechon and hospitality. CHR. KANUHA: Mr. Chung. MR. CHUNG: Thank you, I really appreciate that from both Val and Mr. Ilagan, and CHR. KANUHAn. You know, just to know where exactly the money is going to go for the celebration. So I appreciate that or see. Vote on Res. 336-15: The motion to adopt Res. 336-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Resolution 340. Res. 340-15: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR Page 29 -26 November 18, 2015 AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR SUBSCRIPTION AGREEMENT WITH THOMPSON REUTERS, WESTLAW Authorizes the Mayor to enter into a five-year subscription agreement for online legal research services and legal print resources for the Office of Corporation Counsel, at an approximate cost of $72,000 per year. Reference: Comm. 560 Intr. by: Ms. Eoff Waived: FC Vote on Res. 340-15: Ms. Eoff moved to adopt Res. 340-15. Seconded by (Adopted) Mr. Onishi and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes, Resolution 341. Res. 341-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO VOLUNTEER SUPPORT ORGANIZATION, INC., TO ASSIST WITH TRANSPORTATION FOR THE 2015-2016 SCHOOL YEAR Transfers $2,000 from the Clerk-Council Services Contingency Relief account (Council District 3); and credits to the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 553 Intr. by: Mr. Onishi Move to Approve: Mr. Onishi moved to adopt Res. 341-15. Seconded by Mr. Paleka. CHR. KANUHA: Mr. Onishi. Page 30 -26 November 18, 2015 MR. ONISHI: Yeah, I just wanted to e Council Members are donating or providing the funding for Starbase. But you know, what was funny my resolution, my title was wrong. So I need to do an amendment, okay. Motion to Amend: Mr. Onishi moved to amend Res. 341-15 with the contents of Comm. 553.1. Seconded by Mr. Paleka. MR. ONISHI Organization Inc. and putting in the Youth Challenge Academy Foundation. And then also adding in for, in the title. CHR. KANUHA: Any discussion Council Members on the amendment? Okay, this is also one of those significant amendments, so if you want just MR. ONISHI: Can I suspend Rule 24? CHR. KANUHA Mr. Paleka to suspend Rule MR. HENRICKS vote on the amendment. CHR. KANUHA: Oh, sorry. My bad, take that back all in favor of the motion to . Vote on Motion The motion to amend Res. 341-15 with the contents of to Amend: Comm. 553.1 was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Now on to the motion Page 31 -26 November 18, 2015 Vote on Motion to Mr. Onishi moved to suspend Council Rule 24 to waive Suspend Council the holdover for the amendment of Res. 341-15. Seconded Rules: by Mr. Paleka and carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Mr. Onishi, any more to say? MR. ONISHI: And I just wanted to let you folks know that in your blue folder, funding. But he appreciates all the support, and he put in a little note in there for you folks. Thank you. CHR. KANUHA: Thank you, Mr. Onishi. Any other discussion? Mr. Paleka. MR. PALEKA: I know this organization and the Starbase program is a great program. So just a question. Have they filled their funding needs for transportation with this? MR. ONISHI Ms. David, did you get to put in some contingency funds? You did, okay. Yeah, so I think with all this we should be (Department of Education), , $7,500, and then the DOE is matching the other $7,500, for all the transportation. MR. PALEKAopportunity go down visit the site, please do. I a fantastic program. CHR. KANUHA: Thank you for that information. Mr. Onishi. MR. ONISHI: And I just wanted to mention that I want to say thank you to Keone Farias who is the District Superintendent for that area. Thank you. CHR. KANUHA: Thank you, Mr. Onishi. Any other discussion? Hearing or see. Page 32 -26 November 18, 2015 Vote on Res. 341-15 The motion to adopt Res. 341-15, Draft 2, as amended was (Draft 2): carried by the following voice vote: (Adopted) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Bill 114. BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (Note: Items in this category were taken up previously, out of order.) Bill 114: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING ENDING JUNE 30, 2016 Increases revenues in the Federal Grants (HCPD) Traffic Investigation Program account ($8,700); and appropriates the same to the HCPD Traffic Investigation Program Grant account. Funds would be used with existing funds to increase the number of officers trained in traffic crash reconstruction, other traffic crash related courses, and additional funding for a Crash Data Retrieval Unit. Reference: Comm. 545 Intr. by: Ms. Eoff Waived: FC Vote on Bill 114: Ms. Eoff moved to pass Bill 114 on first reading. Seconded (Approved) by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes, next item. Page 33 -26 November 18, 2015 ORDER OF The Chair directed the Council to proceed to the next order of business, Order THE DAY of the Day (Seconded or Final Reading). (SECOND OR FINAL READING): Bill 100 AMENDS CHAPTER 20, ARTICLE 5, SECTIONS 20-50 AND 20-52 OF (Draft 2): RELATING TO REFUSE Amendments would allow for the transport of refuse from transfer stations to the non-designated landfill if doing so would avoid penalty fees, help to meet minimum volumes to qualify for discounted fees, or if the designated landfill is under repair. Reference: Comm. 493.2 Intr. by: Ms. Wille First Reading: November 3, 2015 Motion to Approve: Ms. Wille moved to pass Bill 100, Draft 2, on second and final reading. Seconded by Mr. Onishi. CHR. KANUHA: Ms. Wille. MS. WILLE: Yes, I think we had the discussion on this at quite some length, if enable the Director to be able to designate landfill trash, not greenwaste, not recyclables, from the Hilo site to the Kona site. And that we will save some $60,000 or so. This will also enable the department to use those same trucks for moving mulch over to the Hilo side that is notso that we can avoid EPA fines, or too much mulch on that side. And the demand is not there right now, and it is in demand on the east side. And this will segue into our composting operation that will be on the Hilo side, where we will be doing those greenwaste, and then eventually also food scraps, and get more and more of that methane producing operation. So all of these tied together, I know that I have had some concerns in my district including one, which, getting into the coqui frogs or fire-ants, be dealt with there. I think in other words, from the east side to the west side, you know, are we bringing over coqui frogs or fire-ants? And so I have been in consultation with the Director, you know, what the trucks are nearly going over saddle road, and then they are covered and they , is Page 34 -26 November 18, 2015 vered everyday and all of that. So I think that there are various issues, this in a way that it does, you know, it is fiscally responsible. That money right now even for the composting program, as with most programs, the cost are all going up. You know, we could use those funds, and also getting open, sure that the Hilo site for the reuse center is open. T complaints right now that there are insufficient bins for the greenwaste. I know on last Sunday it was filled by people that were coming there 1:00 or 1:30, it was already filled, and it was all going into the landfill. Rubbish, which is not the way things should go. ut we need to sort of catch up on where we are and work with the department on that. So this is, you know, one piece of the big picture puzzle; and you know, I think we move ahead on this, and work together. And I think thatlike I said it is my district, there have a lot of concerns, but I explained why it is important for us to proceed. So again if you have any questions I would be happy to answer them, and otherwise I ask for your support. CHR. KANUHA: Thank you, Ms. Wille. next, but Ms. Eoff second, and then Mr. Paleka after. So Ms. Eoff. MS. EOFF: Thank you, Mr. Chair. And thank you, Ms. Wille. I appreciate the amendment that we are looking at right now with Draft 2, because the definition of biodegradable plastics is part of the compostables. So those were sorted out. And yeah, you did speak about some of the concerns, that I have also heard regarding invasives, the frogs and the ants. But I did talk to both Greg and Bobby Jean, who pretty much said what you just articulated that the P site is very dry and hot, and will not spread those pests. Hopefully they would be diligent about that. Then the other thing that I think we should mention is this only means a couple trucks a day, in the event we need to fulfill our required mandates so that we could save money, right. be too much impact on our road. And I also wanted to mention that we have a testimony from the Kohala Coast Resort Association that they are in favor of Bill 100, which is good, because I think in the previous rendition the resort association had some issues. They do state that they would like to see the hauling along the Daniel K Inouye Highway as the primary means of transit. So I hope that the administration will continue to use that route. Page 35 -26 November 18, 2015 money for the County. CHR. KANUHA: Thank you, Ms. Eoff. Mr. Paleka. MR. PALEKA: Thank you, Mr. Chair. That was one of my questions, just a comment, maybe a side note. Since the trucks are going to be coming over from the east side, and this just a feasibility, and if we have two, three hauls a day -e wear and tear on the vehicles? B know, I had to repair my own truck, because of over using and going up a hill like that. So I just wondered if they had weighed those factors? MS. WILLE: Yeah. MR. PALEKA: Thank you, Margaret. MS. WILLE: Can I answer that? CHR. KANUHA: Ms. Wille. MS. WILLE: Yeah, and this has been a concern and the Kohala Coast Resort asked those questions. And the department then calculated what would be their cost, and they figured it will cost on average right now $5,000 a month. So if you figure just in terms of the trucks we were calculating somewhere around $60,000 to $70,000. B$60,000 that would bring it down to a $55,000 savings. But then if you were to count in, we now have to also truck mulch going the other direction, which we have to do anyway right now. And I That would also add more of a discount. So I think, I did attend the environmental management meeting last week and the commissioners, discussed sort of weighing all those things. But the no CHR. KANUHA: Thank you, Ms. Wille. MS. WILLE: You know, I just want to say one thing. You know, just so people because of this piece of paper right here, this is the waste management contract. Which the resolution was not under our watch, thank goodness. But it is not something that I would be proud of. I just goes up, up picture on that. Page 36 -26 November 18, 2015 CHR. KANUHA: Thank you, Ms. Wille. Mr. Paleka, if you had any follow up or continue your MR. PALEKA: I forgot what I wanted to ask now. CHR. KANUHA: Well she answered the original question. MR. PALEKA: Nah, nah. A comment is as we go along, and as we do it, I would hope they still follow up and see if their calculations are correct to make sure that the gas and the fuel savings. And the wear and tear on the vehicles, nd I know, those machinery are expensive, so you saving $70,000 a year, but you costing $60,000 a year for hauling, but you not taking into account the replacement of the equipment. What if you got to start replacing $60,000 piece of equipments? Because one truck over $60,000, not to mention the trailer. I hope they keeping track of that, just to be CHR. KANUHA: Just for the record? MR. PALEKA: Yeah. CHR. KANUHA: Thank you, Mr. Paleka. Mr. Onishi. MR. ONISHI: Yeah, first of all, I just want to say thank you, Ms. Wille, for having this, because last term I looked at doing this. Because I had talked to solid k there was an article in the newspaper about this proposal. But then I gotten calls saying, o you have enough votes to support this it. But thank you for doing it. Council Members you got to remember, back in 2010 and earlier they were trucking already to Then in my second term which was like 2010-2012 or 2011-2012, Council Members put in an ordinance you cannot truck anymore. So it was already being trucked over, but then they stopped it. So now with Ms. Wille doing this to ten feet of that soft trash that got to go on the bottom of the lining, before they can throw in the hard trash. Oka those penalties because of not being enough waste to put in there. So thank you very much for initiating this. CHR. KANUHA: Thank you, Mr. Onishi. First round, second round, Ms. Eoff. Page 37 -26 November 18, 2015 MS. EOFF trucking came up a few terms ago, I think it put the restrictions on where different trash had to go. It was, I think assumed that it would be a lot more trash coming from one side of the island to the other. And with the way Ms. Wille has designed this bill where we separating out all the compostables, trucks will come with trash, it term when they amended the code. CHR. KANUHA: Thank you, Ms. Eoff. Ms. Wille. MS. WILLE: You know, steps towards zero waste and re-use and recycling, and you know, I think that we need to sort of level out. Get our composting, get all of these things in line, and then we can re-look at this situation. What we need to do, I mean getting the re-use center in Hilo was to me is just he greenwaste bins. And really sort of whatwe got a lot going, and really just get it going and working right. And we got new bins, and new greenwaste places, and sort of get the implementation now up to where all of what we have in the works. So you know, for those who are concerned about the whole zero waste program, this is part of it and we will now need to do more educating and get people really using it. And in fact now they are doing so much more, that you know, the greenwaste bins that are there are not enough. People are saying, o I think we need to catch up, we got a lot going and then we can look where we go from there. Thank you. CHR. KANUHA: Thank you, Ms. Wille. Mr. Onishi last MR. ONISHI: Yeah, thank you. I just wanted to mention that it was very political, there were two Council Members that did it. So it was a political thing going save this and that. But then also if you look at the waste management plan the cheapest way to dispose our waste was to truck it ov in the plan it does say that. But I just wanted to make it clear that was politically, I guess motivated for this not trucking it over. Thank you. CHR. KANUHA: Thanks, Mr. Onishi. Mr. Chung. MR. CHUNG: Yeah. Sorry, Mr. Chairman. CHR. KANUHA: No problem. MR. CHUNG: But yeah, I have to echo the sentiments of Mr. Onishi. It really was a political situation, and it was feeding off some rational fears on the part of some, and people were trying to gain political capital. But think about it this way, Page 38 -26 November 18, 2015 you know, Mr. Onishi stated that he had this idea too, it was probably the most practical way, most cost efficient, the best way to do things. But if somebody wn, and it would of just blown this thing out of proportion. So actually, you know, in that sense we credit Ms. Wille good. Even if she might have a few bits of criticism, maybe not, on the part of her constituents. But I think all in all, you know, she was the right person to introduce this, so thank you. CHR. KANUHA: Thank you, Mr. Chung. Mr. Paleka. MR. PALEKA: And I congratulate all of you on the merits. ng to support , it seems efficient, but I just wanted to put it out there that we should watch the fuel cost. Just to be sure that we are accomplishing what we want tout I am going to support this. Thank you. CHR. KANUHA: Thank you, Mr. Paleka. Okay, any other discussi going to wrap it up, or did you want to say one more thing? MS. WILLE: another Hilo landfill, okay. And that by taking out all of these compostables, like right now the trucking will only be the landfill trash. I mean I know the Director part of our zero waste program that it would not be the compostables, not be recyclables in the landfill. So I think that in the past the sense was well basically the whole answer to our do we do about zero waste, what do we do if we take out 40 percent of what it is and get it back to the farms and residents. So it was very political, and you know, , or who are the mayoral candidates to be, or whatever it was. But I think that we are on the right track, and I do appreciate everyone supporting this. CHR. KANUHA: Thank you, Ms. Wille. We can end discussion there, thank you, Ms. Wille, again for introducing thill to support. Okay, all in favor of Bill 100. Page 39 -26 November 18, 2015 Vote on Bill 100 The motion to pass Bill 100, Draft 2, on second and final (Draft 2): reading was carried by the following voice vote: (Adopted) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Bill 111. Bill 111: 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 Mass Transit Maintenance and Baseyard Facility County project for $2 million to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund Fund Balance and/or other Sources ($2 million). Funds would be added to previously appropriated funds to cover higher than expected costs for the construction of the facility. Reference: Comm. 532 Intr. by: Ms. Eoff First Reading: November 3, 2015 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10- Vote on Bill 111: Ms. Eoff moved to pass Bill 111 on second and final (Adopted) reading. Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. MS. EOFF: Mr. Chair? Page 40 -26 November 18, 2015 CHR. KANUHA: Yes. MS EOFFwaive our five day hold over Rule 15, I believe, for reconsideration. The Finance Department is requesting that we process it as fast as possible. CHR. KANUHA: Okay, do you want to make a motion to suspend our rule Vote on Motion to Ms. Eoff moved to Suspend Council Rule 15 to waive the Suspend Council 5-day hold for reconsideration of Bill 111. Seconded by Rules: Mr. Paleka and carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Thank you, Ms. Eoff, okay, now Bill 112. Bill 112: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF ENDING JUNE 30, 2016 Appropriates revenues in the Federal Grants Justice Assistance Grant account ($92,825); and appropriates the same to the Justice Assistance Grant account. Funds would be used by the Police Department to purchase equipment and related technology to assist in tracking and managing accreditation files, a microfilm conservation project, and the installation of a security door system for its Criminal Investigation Division. Reference: Comm. 533 Intr. by: Ms. Eoff First Reading: November 3, 2015 Vote on Bill 112: Ms. Eoff moved to pass Bill 112 on second and final (Adopted) reading. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. Page 41 -26 November 18, 2015 CHR. KANUHA: Motion passes. Reports. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. PC-33 NOMINATION OF BENJAMIN N. NEY TO THE NORTH KOHALA (Comm. 522): COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE Motion to Approve: Ms. Wille moved to confirm the appointment of Mr. Benjamin N. Ney to the North Kohala Community Development Plan Action Committee. Seconded by Ms. Eoff. (Council Members spoke in support of the nomination.) Vote on PC-33: The motion to confirm the appointment of Mr. Benjamin (Approved) N. Ney to the North Kohala Community Development Plan Action Committee was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes, Financial Report. Financial Report: Monthly Budget Status Report for the Month Ended June 30, 2015, from the Department of Finance. Vote on Financial Ms. Eoff moved to close file on the Monthly Budget Report: Status Report for the Month Ended June 30, 2015. Seconded (Filed) Seconded by Ms. Poindexter and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Mr. Clerk, did we get everything? MR. HENRICKS: Slate is clear. Page 42 Hawai`i County Council-26 November 18, 2015 REFERRALS The Chair directed the Council to proceed to the next order of business, FOR EXECUTIVE Referrals for Executive Session. SESSION: (There were none.) OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There was none.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) CHR. KANUHA: May I have a motion to adjourn. ADJOURN- There being no other business, at 11:30 a.m., Mr. Onishi moved to adjourn MENT: the meeting. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: We are adjourned. Council Approval: MAY 1 7 2017 o TY CLERK SM/ja/rk Page 43