HomeMy WebLinkAboutMIN COUNCIL 2017-05-17 2016-2018
County Council
th
12 Session
25 Aupuni Street
Hilo
May 17, 2017
INVOCATION: Pastor Bob Tominaga, of Thy Word Ministries gave the mornings invocation.
CALL TO y Council was called to order at
ORDER: 9:04 a.m., in the Council Chambers, Hilo, by Ms. Poindexter.
ROLL CALL:
Present: Ms. Valerie T. Poindexter, Chair
Ms. Karen Eoff, Vice Chair
Mr. Aaron S. Y. Chung, Member
Ms. Maile Medeiros David, Member
Mr. Dru Mamo Kanuha, Member
Ms. Susan L. K. Lee Loy, Member
Ms. Jennifer Ruggles, 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
CERTIFICATES Condolence.
OF MERIT, AND
EXPRESSIONS (There were none.)
OF CONDOLENCE:
STATEMENTS The Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public on Agenda Items.
PUBLIC ON
AGENDA ITEMS:
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The following individuals registered to speak and came forward when called
by the Chair:
Mike Miyahira: Res. 196-17 (Comm. 265), support.
(
YMCA)
Abraham Sadegh: Res. 198-17 (Comm. 267), comment.
Dwight S. Vicente: FC-13 (Comm. 247);
PC-11 (Comm. 245);
PC-12 (Comm. 246); and
PC-13 (Comm. 248), comment.
CHR. POINDEXTER: Thank you for your testimony. Seeing no other testifiers
he
Resolution 198-17 out of order, Mr. Clerk.
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:
Res. 198-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO SUPPORT ISLAND-WIDE
TRAININGS FOR THE POLICE DEPARTMENT
Transfers $7,000 from the Clerk-Council Services Contingency Relief
account (Council District 4); and credits to the Police Department, Training
account.
Reference: Comm. 267
Intr. by:
Move to Approve: -17. Seconded by
Ms. Ruggles.
CHR. POINDEXTER
: Yes. I wanted to ensure that we have the ability to have the best
police department we can, and part of that is a result of training. We expect a lot
, their boot camp, or their
police academy,
requirement. And they do have, I think another four months of working with a
a police officer, and times are getting even
more complex. In terms of civil rights issues and in terms of community
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interaction with the public. So I felt it was a great opportunity to use some of my
contingency funds, in fact the last of my contingency funds for this year, to award
to the police department, to have island-wide trainings. And I know officer is
here and if wants to come forward, he has a little more information on the trainer
that their considering hiring.
(Note: At this time, Police Lieutenant Robert Fujitake came forward to
address the members of the Council.)
MR. FUJITAKE: Good morning, Council Members. My name is
And as Council
we want to bring here is called Street Survival. It will be a two-day training
course, two days in Hilo and two days in Kona. That way it will give more
openings for officers throughout the island to attend. And as she had mentioned,
the training that we do receive in the recruit class training is for so many months.
And then after that, they go with veteran officers and train, and then a lot of times
ter. We do have training that the
department does provide, but this group that does this training here is proven very
effective with their training throughout the United States of America.
And it does help to improve the officers abilities out there in the field, not just
while working, but even off duty. Knowing what to do and what to expect,
because we have, you know, a service to the public to,
duty, that if we do see something occurring that we should take action if deemed
necessary. So they provide a wide variety of different topics that we can use, you
know, as mentioned. Such as thinking outside of the box, legal parameters,
physical and emotional health for the officers on and off duty. Some other things
that they provide is latest technology, video of current related incidents, case law,
and scientific data regarding stress management, human performance, and also
use of force parameters where members of the profession act irrationally,
unlawfully, and unprofessionally. It helped officers to deescalate situations much
more efficient.
again,
this is a very good training that, you know, we could bring back over 30 years
later to our department. That you know, again, it gives officers more tools to help
better serve the public.
: Thank you, o
MR. FUJITAKE: Yes, for sure.
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MS. : Thank you, for your information.
MR. FUJITAKE
CHR. POINDEXTER: Any other discussion? Okay, seeing or hearing none, all
Vote on Res. 198-17: The motion to adopt Res. 198-17 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, David, Eoff,
and Chair Poindexter 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: One more out of order, Resolution 196-17.
Res. 196-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE
ISLAND
PROGRAM
Transfers $2,500 from the Clerk-Council Services Contingency Relief
account (Council District 9); and credits to the Office of the Prosecuting
Attorney, Other Current Expenses account.
Reference: Comm. 265
Intr. by: Mr. Richards
Motion to Approve: Mr. Richards moved to adopt Res. 196-17. Seconded by
Ms. David.
CHR. POINDEXTER: Council Member Richards.
MR. RICHARDS: Okay, thank you. Ask Mr. Miyahira to come up to the table
real quick, just to answer some questions. The trigger for this as we went through
the non-profit grant process for the County and learning that this is the only aid
for transferring children in broken up families, kind of struck a chord with me,
d hard on the grant process
to award them funds. It touches
that, and you can fill in some of this Mike for me. But as my understanding, even
though the funding was drying up, people were still volunteering their time just to
make sure that we could transfer the kids between contentious parents just to keep
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e support
from my fellow colleagues. Mike can you come up please?
(Note: At this time, YMCA Board Member Mike Miyahira came forward
to address the members of the Council.)
MR. MIYAHIRA: Sure, thanks Tim. The program used to be funded out of the
Department of Justice, under a grant program called Safe Haven. That grant used
to be administered through the First Circuit Court, and prior to that grant program,
they were again under the Department of Justice program, Violence Against
Women Act. So we had continuous funding for about 19 years. After that grant
expired, we continued to receive supplemental funding from first circuit, but that
funding dried up, their budget is under scrutiny too. We tried working with third
circuit to see if we could get funding from them, and what we need to run the
program is slightly in excess of what there capable of doing.
have a difficult time trying to quantify what that need is, because even third
are
impacted out there. So in the meantime, or other alternate
sources of funding, and thanks to the Council and for yourself Tim, you know, it
of about five to six thousand a month right
now, an The
contingency relief funds are definitely welcomed in helping to meet the cost of
to pay them, because they do see the need and it is important.
MR. RICHARDS: Thank you. So again, the need is huge and what we can offer
from the CRF (Contingency Relief Funds) are all minimal, but every drop helps.
So anyway, I ask for your support. Thank you.
MR. MIYAHIRA: Thank you. And definitely every penny counts. Thanks.
CHR. POINDEXTER: Any other discussion? Council Member Eoff.
MS. EOFF: I would just like to thank you for your good work and for
persevering through all the hard financial issues. And for reaching out to us.
MR. MIYASHIRA: Thank you very much.
CHR. POINDEXTER: Council Member Lee Loy.
MS. LEE LOY: Thank you. Thank you, Mr. Miyahira for being here. You
know, I ha
to some of these agreements is the visitation agreement. And you know, its court
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And unfortunately when services like yours kind of dry up you
know, families to meet these visitation schedules. So thank you so much for
continuing to fill the gap, even as the funding dries up. One thing we did offer
during our grant and aid process is, as you go forward and look for other sources
of funding. You know, I offer,
because I believe that as you ask for monies from other departments or other
sources, when they see the county supporting the program it really validates the
grant or your justice grant you know, feel free to reach out to us.
MR. MIYAHIRA: Thank you, we certainly will.
CHR. POINDEXTER: Thank you. Any other discussion? Seeing or hearing
Vote on Res. 196-17: The motion to adopt Res. 196-17 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, David, Eoff,
and Chair Poindexter 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: Thank you, for coming.
MR. MIYAHIRA: Thank you.
CHR. POINDEXTER: One more out of order. We have our Corp Counsel
Ron Kim here for Resolution 200-17.
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Res. 200-17: AUTHORIZES THE ACQUISITION OF AN EASEMENT ON AND OVER
PRIVATE PROPERTY BY EMINENT DOMAIN OF A PORTION OF
TAX MAP KEY: 9-3-001:
MICROWAVE RADIO TOWER SITE
The County needs to replace its microwave radio tower due to corrosion. This
acquisition would allow the County to maintain current operations until the new
tower is completed.
Reference: Comm. 269
Intr. by: Ms. David (B/R)
Waived: FC
Note: First of two required readings,
Section 101-
Motion to Approve: Ms. David moved to pass Res. 200-17 on first reading.
Seconded by Mr. Richards.
CHR. POINDEXTER: Council Member David.
MS. DAVID: Yes, thank you, Chair. And this was requested of me to be waived,
in order that further delay to the construction would not occur. And Corp Counsel
Kim is here to explain the need to moving forward. Thank you, Mr. Kim.
(Note: At this time, Deputy Corporation Counsel Ronald Kim came
forward to address the members of the Council.)
MR. KIM: Good morning, m
Counsel. Good morning Council Members, and Council Chair. Just briefly, I
wanted to give you an over view of the system itself, so you understand what the
system is for. And just the critical importance, and need for us to have a good
viable communications network on this system. So this is a microwave radio
microwave radio network that our first responders rely upon. So we have a
microwave network which spans the entire island, and our first responders are
able to communicate using that network.
The problem here is that we have a site at South Point, where unfortunately, due
to the elements there, the towers become badly corroded. And we need to replace
the tower ASAP (As Soon As Possible). In order to do that though, we need to
, so that
we still have continuous services and coverage for that area. If the tower goes
down, then we lose first responder coverage in the South Point area actually. So,
that would be very critical and a huge concern to the County and to our first
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tower alongside the old
an eminent domain,
in order for us to obtain easement just for that expanded site.
MS. DAVID: Thank you, Mr. Kim. And how much land area are we talking
about for this eminent domain?
MR. KIM: 2,150 square feet.
MS. DAVID: Okay, great. Thank you very much, I yield.
CHR. POINDEXTER: Any other discussion? Council Member Richards.
MR. RICHARDS: So my understanding, we do an eminent domain
condemnation. Has conversations been ongoing to see if we just work with the
land owner?
MR. KIM: Yes. Conversations have been ongoing, and there still ongoing
actually, too. But this will give us a tool to move forward, and if we file an
eminent domain action, then we can also file a request for an order possession
with the court. And then that would allow us to get on to the site immediately and
start work right away. So this will help to accelerate the time table. And there are
some issues in negotiating with the landowner right now where we have divergent
ion to move forward.
Yesterday afternoon my office did get a call from the landowner though, and they
do want to continue possible discussions, even after we filed a complaint for
with the
landowner, but this is just such a critical need, that we need all the tools available
to us to be able to move forward with constructing the new tower.
MR. RICHARDS
n why they would delay this. Because this is obviously
, and the environment, very destructive on
steel
is this specifically?
MR. KIM: Hard a road down to that South Point
lookout basically.
MR. RICHARDS: Okay, on the way down there?
MR. KIM: Yes.
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MR. RICHARDS: Okay, thanks. I yield.
CHR. POINDEXTER
: Thank you, Mr. Kim, for coming forward to explain this a little
better. The existing cell tower is also on the same property, is that my
understanding?
MR. KIM
: So do we currently have a right of easement in perpetuity on the
MR. KIMn easement perpetuity for access to
the tower, we have an easement perpetuity for about a 900 square foot site.
MS. : Okay.
MR. KIM: But the present site is larger than 900 square feet, so we actually have
, through 2019 or 2020,
for the existing site basically, which is I think, 1,250 square feet I want to say, but
footprint and trying to extend that right of easement or whatever?
MR. KIM: Yes, correct. To give us that entitlement to have our tower there.
: So does this result in some kind of annual lease payment to the
owner?
MR. KIM: No, actually what we would do in eminent domain action
: Well eminent domain would be different.
MR. KIM: Yeah.
: I mean currently, are we paying some kind of lease payment to
the owner?
MR. KIM, the
negotiationsthe owner does want compensation now and is looking at rates that,
you know, one would charge commercial cell tower operators, but this is not a
commercial network. And unfortunately,
resources that commercial cellular companies have.
Page 9
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clarification.
MR. KIM
CHR. POINDEXTER
Vote on Res. 200-17: The motion to pass Res. 200-17 on first reading was carried
(Adopted) by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
and Chair Poindexter 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: Thank you. Mr. Clerk, can we move to the top of the
agenda and back up to Communications?
MR. MAEDA: Excuse me Chair, can we do approval of minutes?
CHR. POINDEXTER, approval of minutes first. This is the
second time I miss that. Okay, so the approval of minutes for November 18,
2015, and December 2, 2015.
Return to Order The Chair directed the Council to return to the order of business.
of Business:
APPROVAL The Chair directed the Council to proceed to the next order of business,
OF MINUTES: Approval of Minutes.
Motion to Approve: Ms. David moved to approve the Minutes of November 18,
2015 and December 2, 2015. Seconded by Mr. Kanuha.
CHR. POINDEXTER: Any discussion on the minutes? Council Member Chung,
you found an error?
MR. CHUNG
Ms. Will, you know, this is
approval of minutes for December 2, 2015, and there must be some kind of reason
to have minutes. When are we going to start getting this thing more up to speed?
sue, b
just wondering, Mr. Clerk, if you could give me a better idea.
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MR. MAEDA: also doing current minutes too, so there have been current
minutes that have come on I believe, and will be coming on
MR. CHUNG: I noticed that.
MR. MAEDA
, current as well as
past.
MR. CHUNG: Because I just would hate for us to run a file of any kind of law
MR. MAEDAtrying to catch up. Because we are at this
time not in compliance.
MR. CHUNG: What kind of time table you looking at?
MR. MAEDA
MR. CHUNG: Yeah, no, I mean when can we get everything up to speed you
think?
MR. MAEDA
MR. CHUNG: Okay, thank you.
CHR. POINDEXTER: Thank you. Any other discussion? Oh, Council Member
David.
MS. DAVID: Thank you for explaining that, because I think when I was clerking
with you we were so far back, that extra effort was being put into catching up
with the prior minutes. And I think, to mention that the staff is working
really hard to getting us up to compliance, and thank you and your staff.
CHR. POINDEXTER: Thank you. Any other discussion? Seeing or hearing
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Vote on Approval of: The motion to approve the minutes of November 18, 2015
Minutes: and December 2, 2015 was carried by the following voice
(Approved) vote:
Ayes: Council Members Chung, David, Eoff,
and Chair Poindexter 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: Okay, Mr. Clerk, Communication 73.3.
COMMUNI- The Chair directed the Council to proceed to the next order of business,
CATIONS: Communications.
Comm. 73.3: REPORTS THE ATTENDANCE OF COUNCIL MEMBER DAVID,
COUNCIL MEMBER EOFF, AND COUNCIL MEMBER RICHARDS AT
,
2017, AT THE WEST
From Council Member Richards, dated April 24, 2017.
Motion to Close File: Mr. Richards moved to close file on Comm. 73.3. Seconded
by Ms. David.
CHR. POINDEXTER: Council Member Richards.
MR. RICHARDS
understand why, at an informative get together, we must keep reporting, but filing
to be compliant.
CHR. POINDEXTER: Thank you. Council Member Eoff.
MS. EOFF: Thank you. So Ms. David and I were presenters at this forum, and it
was nice that Mr. Richards was in attendance. I think at least we can have two
Council Members there, so if this is the methodology to be able to do that, so be
it. Thank you for bringing this up so we can be compliant.
CHR. POINDEXTER
: This is our only opportunity to kind of discuss this in public, and
before our previous Corporation Counsel left, I had asked Ms. Stebbins for her
opinion o
actually required to do the reporting? And the clarification comes in terms of
whether or not the discussion at said public meeting leads to future legislation,
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which
foresee that there might be something that comes up that will lead to future
legislation,
been at some public meetings or public events
meetings. Mr. Chung, Ms. Lee Loy, and I were asked to speak at a media
symposium recently, and the only legislation we ended up discussing was
State law. But you know, when is it really necessary to do this reporting? I know
ng it just because we want to err on the side of caution, yet I
t have better clarification from our Corporation
Counsel as to when
CHR. POINDEXTER: Mr. Kamelamela, if you can hear us, if you could come
in.
(Note: At this time, Corporation Counsel Joseph Kamelamela came
forward to address the members of the Council.)
: We were discussing the requirement to do the reporting when
received from your predecessor, Ms. Stebbins, was it really hinges on the
legislation coming out of that public event. .
I was describing an event where it was a media symposium and Mr. Chung,
Ms. Lee Loy and I were invited to speak. The only legislation we discussed was
the Sunshine Law, which is a State law and not under a purview. So,
kind of wanting a clarification on when do we actually need to be doing these
reports. I understand erring on the side of caution, but it gets a little onerous
because we never know who is going to show up at what meeting,
going to be discussed publicly.
MR. KAMELAMELA: Very good question. at the
committee you sit on with the C
because I keep on hearing, you know, the Sunshine Law matters, which to me
ounty function with what needs to be done. So let me address
the best I can
just talk about what our office refers to as PIG (Permitted Interactive Groups). So
n ad hoc committee that usually gets set up to
those kind of things, s
one or two people, at least with the current
, just two people going,
s a need to report certain things. Only because
ng
to a meeting and being there, and taking in the information.
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information, maybe we should at least get the information back to the Council.
Anything more than ta report. S
have three people, like in a community setting, you know, that you had brought
up or somebody in the member had set up, then you would make a report to the
Council,
being taken. But at least that would satisfy the requirements of the current
you know, certain changes were being
passed.
than two
members present at any public event, whether or not it leads to any discussion on
legislation that we need to make this report?
understanding it.
MR. KAMELAMELA: The only exception to that is like in a situation where this
. It
MR. KAMELAMELA: Yeah.
: And in fact, we insult the public often because they invite all the
Council to attend certain events that are considered informational to the public,
a the
Sunshine Law. So it turns out insulting the public, and it seems that you know,
content at the meeting that will lead us to a future legislation.
MR. KAMELAMELA: Right.
: Which those three or plus members all here together.
MR. KAMELAMELA: And then I would like to just let you know, too, that we
have disagreements on certain positions that the OIP (Office of Information
like at this stage, this is our
have information get flowed freely, so that all you could do the work of the
Council and the County.
: So for instance
more than two Council Members present that would
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MR. KAMELAMELA: You mean like a rally? No, I
: No, like a convention.
MR. KAMELAMELA
MR. KAMELAMELA: Okay, so I would take the position no.
: No, not necessary.
MR. KAMELAMELA: But when we get there, just give me the question because
what I want to do is just double check. You know, whatever opinions that the
OIP has, you know, I mean I could disagree with them.
Point of Order: MR. KANUHA: Just a point of order, madam Chair.
CHR. POINDEXTER: Yeah, point of order. Go ahead Council Member Kanuha.
MR. KANUHA: Just on the point, I know we could get into the conversation of
what if, and the things that come up. Butand I really hope we can have this
serious conversation at a future date, where we can discuss in length the Sunshine
Law and what exactly is expected from the County, and what is expected from the
Sunshine Law issues today, ing at is the report given by
my point.
CHR. POINDEXTER
Law, and all of that right now. And can we just stick to the subject of the report
of the attendance with Council Members Eoff,
Island Wastewater forum? If you want to speak on that agenda item then you
may, but other than that, if you guys want to bring up some type of
communication on Sunshine Law, so if you
could
: Yeah, I just clarifying that the reason I brought it upit is
it was appropriate to bring this up as discussion now. Sorry.
CHR. POINDEXTER: Okay, thanks. Council Member Richards first.
MR. RICHARDS: Well actuallygo ahead.
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CHR. POINDEXTER: Okay, Council Member Eoff.
MS. EOFF: Specifically to this one, we were talking about wastewater. We were
talking also about the Kealakehe Wastewater Treatment Plant, which probably
will be an agenda item ongoing on this Council, because we have to probably
allocate funding. So in this case, you would say this was necessary, but maybe in
another case, someone brings to you a question your opinion may be different
regarding the situation. So I guess case by case.
MR. KAMELAMELA
connection.
MS. EOFF: To a future location. Thank you.
CHR. POINDEXTER: Thank you. Council Member Chung.
MR. CHUNG: I just want to say this, okay?
to belabor this point or anything like this, but I
? The State Law, and I really wish we had
the . You know, I always got to tell
my staff when to bring it down, so maybe we should have one over here. But it
relates to official, Council business, or board business, and things that may
be
. If not, we could speculate forever. When it becomes official, then we
t talk about it. As long as e, we should be
able to express our views on anything and be in a meeting or a social gathering,
nine people at a time.
revisit the way we ere that
says that we got to doI mean I just kind of briefly looked at real quicklythat
says we have to report it via communication anyway. But we can talk about that
later.
CHR. POINDEXTER
Council Member Richards did you?
MR. RICHARDS: Yeah. So I was going to ask Chair, how do we go about
setting up having a conversation later, so we can move on with the agenda?
CHR. POINDEXTER: Yeah, right. The first thing I would do is talk to our State
Rep
if that determination would come from the Stateand Sunshine Law to just
totally get rid of that. But if you guys want to have a communication to just
discuss the possibilities, we can take a full day on that. But you can do it via
communication for
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MR. RICHARDS: Okay, we can go ahead and do that.
CHR. POINDEXTER: Yeah.
MR. RICHARDS: My inte
work, because we got other stuff to do. And creating paper work just to say that
the intent.
CHR. POINDEXTER: Thank you. So in closing,
perception of the public, because if we remember when some of us Council
Members were having dinner, we were having photos taken, and we were on the
front page of the newspaper, because of that. So just know public perception, but
if it gets cleared up, so I look forward for some type of communication coming
from you, I would think. Okay, so all those in favor of filing
Vote on Comm. 73.3: The motion to close file on Comm. 73.3 was carried by the
(Filed) following voice vote:
Ayes: Council Members Chung, David, Eoff,
and Chair Poindexter 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: Okay, back to Order of Resolutions. Mr. Clerk, top of the
agenda on Resolution 193-17.
ORDER OF The Chair directed the Council to proceed to the next order of business, Order of
RESOLUTIONS: Resolutions.
Res. 193-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE
KEAUHOU CANOE CLUB TO ASSIST WITH EXPENSES ASSOCIATED
WITH ITS 1ST ANNUAL ALA KAHAKAI LONG DISTANCE CANOE
RACE
Transfers $3,500 from the Clerk-Council Services Contingency Relief
account (Council District 7); and credits to the Liquor Control, Public Programs
account.
Reference: Comm. 262
Intr. by: Mr. Kanuha
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Motion to Approve: Mr. Kanuha moved to adopt Res. 193-17. Seconded by
Ms. Lee Loy.
CHR. POINDEXTER: Council Member Kanuha.
MR. KANUHA: Thank you. Just briefly,
kind of to enhance the cultural perpetuation of canoe paddling on the Kona coast.
So I was glad to help out with this small appropriation to start up this race. I just
ask for your support.
CHR. POINDEXTER: Okay. Any other discussion? Seeing or hearing none, all
Vote on Res. 193-17: The motion to adopt Res. 193-17 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O
and Chair Poindexter 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: Next Resolution, 194.17.
Res. 194-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO
VER AFTER-
Transfers $6,500 from the Clerk-Council Services Contingency Relief
account (Council District 7); and credits to the Liquor Control, Public Programs
account.
Reference: Comm. 263
Intr. by: Mr. Kanuha
Motion to Approve: Mr. Kanuha moved to adopt Res. 194-17. Seconded by
Ms. Lee Loy.
CHR. POINDEXTER: Council Member. Kanuha.
MR. KANUHA: I just ask for your support, and I did want to mahalo the liquor
department for helping me move the funds through, to get the money to these
programs. So mahalo to the liquor department.
Page 18
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CHR. POINDEXTER: Okay. Any other discussions? Seeing or hearing none,
Vote on Res. 194-17: The motion to adopt Res. 194-17 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, David, Eoff,
and Chair Poindexter 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: Resolution 195-17.
Res. 195-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO THE DEPARTMENT OF PARKS
AND RECREATION TO DEVELOP ACTIVITIES TO FOSTER SISTER-
CITY RELATIONSHIPS FOR THE WAIMEA CHERRY BLOSSOM
HERITAGE FESTIVAL
Transfers $2,500 from the Clerk-Council Services Contingency Relief
account (Council District 9); and credits to the Parks and Recreation, Culture
and Education Other Current Expenses account.
Reference: Comm. 264
Intr. by: Mr. Richards
Motion to Approve: Mr. Richards moved to adopt Res. 195-17. Seconded by
Ms. David.
CHR. POINDEXTER: Council Member Richards.
MR. RICHARDS: Yeah, this is funding for the Cherry Blossom Festival, and
that we want to expand our sister-city relationship, and being next year is going to
th
be the 25 anniversary of the Cherry Blossom Festival in Waimea. And having
attended this year, the only way I can describe the number of people there
attending was choke people. My expectation is going to be quite a celebration
next year, and this has been long time in the making. The first cherry trees
arrived back in 1953, and the trees today in Church Row are descendants of those
trees. So I think this is an effort to get ahead of the curve and get planning with
our sister cities, and hopefully, f them attend,
th
and just really capitalize on our 25 anniversary. So I ask for your support.
Page 19
-12 May 17, 2017
CHR. POINDEXTER: Thank you. Any other discussion? Council Member
Chung, who wants the meeting to go by real quick. Go ahead.
MR. CHUNG: I just really wanted to credit Councilman Richards for looking and
the sister-city relationships, and we always talk about the Waimea Cherry
Blossom Festival, but we never put the two together
Tim, and I just wanted to tell you thank you very much.
CHR. POINDEXTER: Thank you. Any other discussion? Seeing or hearing
Vote on Res. 195-17: The motion to adopt Res. 195-17 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, David, Eoff,
and Chair Poindexter 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: Resolution 197-17.
Res. 197-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE
GRASSROOTS COMMUNITY DEVELOPMENT GROUP TO SUPPORT
THE FOREST ROOTS FAMILY EDUCATION DAY AND HUNTING
TOURNAMENT
Transfers $2,500 from the Clerk-Council Services Contingency Relief
account (Council District 4); and credits to the Research and Development,
account.
Reference: Comm. 266
Intr. by: M
Motion to Approve: -17. Seconded by
Mr. Richards.
CHR. POINDEXTER
: This is a projectnnette was not able to make it
met her before.
founder of the Bodacious Ladies of Puna, so we had them testifying at a previous
Page 20
-12 May 17, 2017
Cooperative Extension S
Wildlife, along with Nnwale Community Association, to educate the hunters in
the context of this hunting tournament, about how to prevent the spread of ROD
(Rapid , this is one
stake holder group that has the capability of spreading ROD, if there not aware of
about the disease Rapid Death.
We read in the paper recently just a couple days ago that they updated the survey
on ROD, and where we had almost 50,000 acres infected last year, i
75,000 acres. And we need to get this type of education out to the public to all
different stake holders, so this will involvebecause it includes a forest roots,
family education day. It will involve educating keikis and families also about
how to prevent the spread of Rapid Death. So I urge your support on this,
thank you.
CHR. POINDEXTER: Thank you. Any other discussion? Seeing or hearing
none, all th
Vote on Res. 197-17: The motion to adopt Res. 197-17 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, David, Eoff,
and Chair Poindexter 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: Mr. Clerk, Resolution 199-17.
Res. 199-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO THE DEPARTMENT OF PARKS
AND RECREATION TO SUPPORT THE 35TH ANNUAL KUPUNA HULA
FESTIVAL
Transfers $5,000 from the Clerk-Council Services Contingency Relief
account (Council District 7); and credits to the Parks and Recreation, Elderly
Activities Division Special Programs, Other Current Expenses account.
Reference: Comm. 268
Intr. by: Mr. Kanuha
Page 21
-12 May 17, 2017
Motion to Approve: Mr. Kanuha moved to adopt Res. 199-17. Seconded by
Mr. Richards.
CHR. POINDEXTER: Council Member Kanuha.
MR. KANUHA
good event, and I know a lot of my aunties post pictures all the time. So I know
well-attended event for our kupuna, and I just ask for your support. I glad
to support it.
CHR. POINDEXTER: Thank you. Any other discussion? All those in favor say
Vote on Res. 199-17: The motion to adopt Res. 199-17 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, David, Eoff,
and Chair Poindexter 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: Mr. Clerk, Resolution 201-17.
Res. 201-17: COMMITS TO FUNDING THE COST ITEMS AWARDED BY
ARBITRATION TO FIRE FIGHTERS ASSOCIATION UNIT 11
AND EMPLOYEES EXCLUDED FROM BARGAINING UNIT 11 FOR THE
CONTRACT PERIOD JULY 1, 2017, THROUGH JUNE 30, 2019
Cost items estimated at $3,753,349 in the two-year contract are across-the-
board increases, step movements, and within range progressions.
Reference: Comm. 270
Intr. by: Ms. David (B/R)
Waived FC
Motion to Approve: Ms. David moved to adopt Res. 201-17. Seconded by
Mr. Kanuha.
CHR. POINDEXTER: Council Member David.
MS. DAVID: Yes. I ask for your support of this because these cost items will be
st
effective July 1, so there was an urgency getting this approved by the Council.
Thank you.
Page 22
-12 May 17, 2017
CHR. POINDEXTER: Thank you. Any other discussion? Seeing or hearing
Vote on Res. 201-17: The motion to adopt Res. 201-17 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, David, Eoff,
and Chair Poindexter 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: Mr. Clerk, Resolution 202-17.
Res. 202-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO WATERS
OF LIFE NEW CENTURY PUBLIC CHARTER SCHOOL TO ASSIST WITH
EXPENSES ASSOCIATED WITH ITS AFTER-SCHOOL PROGRAM
Transfers $3,000 from the Clerk-Council Services Contingency Relief
account (Council District 5); and credits to the Liquor Control, Public Programs
account.
Reference: Comm. 271
Intr. by: Ms. Ruggles
Motion to Approve: Ms. Ruggles moved to adopt Res. 202-17. Seconded by
Ms. Lee Loy.
CHR. POINDEXTER: Council Member Ruggles.
MS. RUGGLES: Thank you. This is a grant to the N Wai Ola Charter School,
allowing them a semester of continued after school programs for the children
there. So I just ask for your support, thank you.
CHR. POINDEXTER: Thank you. Any other discussion? Seeing or hearing
none, all those
Page 23
-12 May 17, 2017
Vote on Res. 202-17: The motion to adopt Res. 202-17 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, David, Eoff,
and Chair Poindexter 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: Mr. Clerk, Resolution 203-17.
Res. 203-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HILO
HMKUA COMMUNITY DEVELOPMENT CORPORATION FOR
FESTIVAL
Transfers $1,200 from the Clerk-Council Services Contingency Relief
account (Council District 9); and credits to the Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 272
Intr. by: Mr. Richards
Motion to Approve: Mr. Richards moved to adopt Res. 203-17. Seconded by
Ms. David.
CHR. POINDEXTER: Council Member Richards.
MR. RICHARDS: Thank you. This is to help fund another ongoing annual event
in H
paniolo heritage, showcases the community and actually is a lot of fun. But it
also attracts a lot of people into our community, and shows why we live Big
Island. So I ask for your support.
CHR. POINDEXTER: Okay, any other discussion? And I just ask that you come
to see Council Member Richards riding through town on a horse.
MR. RICHARDS: Escorting Council woman Poindexter.
CHR. POINDEXTER:
dr
Page 24
-12 May 17, 2017
Vote on Res. 203-17: The motion to adopt Res. 203-17 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, David, Eoff,
and Chair Poindexter 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: Mr. Clerk, Resolution 204-17.
Res. 204-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS
OF
PROGRAM
Transfers $2,000 from the Clerk-Council Services Contingency Relief
account (Council District 9); and credits to the Liquor Control, Public Programs
account.
Reference: Comm. 273
Intr. by: Mr. Richards
Motion to Approve: Mr. Richards moved to adopt Res. 204-17. Seconded by
Ms. David.
CHR. POINDEXTER: Council Member Richards.
MR. RICHARDS: Yes, this was an interesting request that came forth. And
again, coming back to our grant-in-aid program, we have a lot of needs in our
communities. And one of the things I really liked about this was, its a using a
food otherwise would be disposed of. And if you look at the statistics nationally,
we throw away about anywhere from a quarter to half of the food we actually
produce. And so what this does, it uses unused food out of restaurants, maybe out
of the grocery stores, before they get thrown away. They actually get repurposed
and go to feed the hungry. So I ask for your support on this.
CHR. POINDEXTER
about similar programs in
repurposed is not expired or whatever, in terms of the quality.
CHR. POINDEXTER: So is that a question for Council Member Richards?
Page 25
-12 May 17, 2017
ust wondering how the program does it, if he has any
information on that.
CHR. POINDEXTER: Council Member Richards.
MR. RICHARDS
restaurants, out of the hotel food service, aff at the end of the shift
that is still left over. And so what it does, rather than being disposed of, it gets
put into essentially a soup kitchen of sorts. (c)(3), Friends of
and knowing the people that are involved
with it, again, the idea is to not dispose of food that otherwise perfectly
wholesome
from. Did I answer that?
: Okay.
CHR. POINDEXTER: Thank you. Any other discussion? Seeing or hearing
Vote on Res. 204-17: The motion to adopt Res. 204-17 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, David, Eoff,
ards, and
Chair Poindexter 8.
Noes: None.
Absent: Council Member Ruggles 1.
Excused: None.
CHR. POINDEXTER: Council Member Ruggles has a medical emergency to
attend to, so she will not be here for the remainder of the meeting. Okay,
Mr. Clerk, Resolution 206-17.
Res. 206-17: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE STATE OF DEPARTMENT OF
TRANSPORTATION, PURSUANT TO REVISED STATUTES
SECTION 46-7, FOR THE COUNTY OF
SCHOOL (SRTS) PROGRAM GRANT
Authorizes the Mayor to enter into an agreement to accept $86,468.50 to be
Reference: Comm. 282
Intr. by: Ms. David (B/R)
Waived: FC
Page 26
-12 May 17, 2017
Motion to Approve: Ms. David moved to adopt Res. 206-17. Seconded by
Ms. Lee Loy.
CHR. POINDEXTER: Council Member David.
MS. DAVID: Thank you, Chair. This is actually to except the donation of
$86,000 from the State, and this was also waived to help expedite the project, and
I ask for your support. T
ask for your support.
CHR. POINDEXTER: Okay. Any other discussion? Council Member Kanuha.
MR. KANUHA: Just real quickly. I think it would be good to have an update
from the Safe Routes to School coordinator at some point in the future, to see
MS. DAVID: I agree.
CHR. POINDEXTER: Okay. Any other discussion? Seeing or hearing none, all
Vote on Res. 206-17: The motion to adopt Res. 206-17 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, David, Eoff,
Chair Poindexter 8.
Noes: None.
Absent: Council Member Ruggles 1.
Excused: None.
CHR. POINDEXTER: Mr. Clerk, Resolution 207-17.
Res. 207-17: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE
FOR ONE MULTI-FUNCTION HIGH CAPACITY COPY MACHINE FOR
THE OFFICE OF THE PROSECUTING ATTORNEY
Authorizes the Mayor to enter into a five-year lease for one color copier to be
Reference: Comm. 283
Intr. by: Ms. David (B/R)
Waived: FC
Page 27
-12 May 17, 2017
Motion to Approve: Ms. David moved to adopt Res. 207-17. Seconded by
Mr. Kanuha.
CHR. POINDEXTER: Council Member David.
MS. DAVID: Yes, and this I understand was waived because this is a critical
copier they needed to handle the volume of work that they have. So I ask for your
support.
CHR. POINDEXTER: Okay.
Point of Order: MR. KANUHA: Just a point of order real quick. I think you said
Resolution 208, instead of 207.
MS. DAVID
CHR. POINDEXTER-17, sorry.
MS. DAVID: I stand corrected, 207-17. Thank you.
CHR. POINDEXTER: Okay, is there any other discussion? Council
Member Richards.
MR. RICHARDS: Fiscally what is this going to cost? You know me, I ask that
question all the time.
MS. DAVID: I know you do, a
CHR. POINDEXTER: I think Deanna is here.
MS. DAVID: Deanna, yes.
CHR. POINDEXTER: Ms. Sako from finance.
(Note: At this time Deputy Director of Finance Deanna Sako came
forward to address the members of the Council.)
MS. SAKO: Good morning, Deanna Sako, Deputy Director of Finance. We do
our best to make sure that they include that in the B52, but apparently we forgot
$200
to $300 a month at the most.
if there even in that range. It.
Page 28
-12 May 17, 2017
MR. RICHARDS: Okay, well I appreciate if we can follow up with that
just keeping track
of the dollars.
MS. SAKO: Thank you.
MR. RICHARDS: Thank you.
CHR. POINDEXTER: Okay. Any other discussion? Seeing or hearing none, all
Vote on Res. 207-17: The motion to adopt Res. 207-17 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, David, Eoff,
Chair Poindexter 8.
Noes: None.
Absent: Council Member Ruggles 1.
Excused: None.
CHR. POINDEXTER: Resolution 208-17.
Res. 208-17: AUTHORIZES THE ACCEPTANCE OF A DONATION OF A MURAL TO
THE DEPARTMENT OF PARKS AND RECREATION
Donated by Michelle Obregon and her Konawaena High School students, with
an estimated total value of $3,500, to be located at the Konawaena Pool.
Reference: Comm. 284
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to adopt Res. 208-17. Seconded by
Mr. Richards.
CHR. POINDEXTER: Council Member David.
MS. DAVID: Thank you. I just want to ask for your support because this is a
donation, and it automatically gets waived so that we can process it. Thank you.
CHR. POINDEXTER: Thank you. Any other discussion? Seeing or hearing
none, all
Page 29
-12 May 17, 2017
Vote on Res. 208-17: The motion to adopt Res. 208-17 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, David, Eoff,
Chair Poindexter 8.
Noes: None.
Absent: Council Member Ruggles 1.
Excused: None.
CHR. POINDEXTER: Mr. Clerk, Resolution 209-17.
Res. 209-17: COMMITS TO FUNDING THE COST ITEMS AWARDED BY
ARBITRATION TO GOVERNMENT EMPLOYEES
ASSOCIATION UNITS 03, 04, AND EMPLOYEES EXCLUDED FROM
THOSE UNITS FOR THE CONTRACT PERIOD JULY 1, 2017, THROUGH
JUNE 30, 2019
Cost items estimated at $4,217,368 in the two-year contract are across-the-board
increases, one-time bonuses, and elimination of the lowest step movement.
Reference: Comm. 286
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to adopt Res. 209-17. Seconded by
Mr. Richards.
CHR. POINDEXTER: Council Member David.
MS. DAVID: Yes, I believedo we have anyoneif anyone has questions,
Ms. Sako is here. Otherwise,
them.
CHR. POINDEXTER: Council Member Lee Loy.
MS. LEE LOY: I just have a quick question.
CHR. POINDEXTER: Is that for Ms. Sako?
MS. LEE LOY
get a copy of the binding arbitration agreement? Because what I see attached is a
summary cost recap, but I was wondering if we had an opportunity to read
through the entire finding from the arbitrator.
Page 30
-12 May 17, 2017
MS. SAKO
MS. LEE LOY: Thank you.
CHR. POINDEXTER: Thank you. Any other discussion? Seeing or hearing
Vote on Res. 209-17: The motion to adopt Res. 209-17 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Le
Chair Poindexter 8.
Noes: None.
Absent: Council Member Ruggles 1.
Excused: None.
CHR. POINDEXTER: Mr. Clerk, Resolution 210-17.
Res. 210-17: COMMITS TO FUNDING THE COST ITEMS AWARDED BY
ARBITRATION TO GOVERNMENT EMPLOYEES
ASSOCIATION UNITS 02, 13, AND EMPLOYEES EXCLUDED FROM
THOSE UNITS FOR THE CONTRACT PERIOD JULY 1, 2017, THROUGH
JUNE 30, 2019
Cost items estimated at $3,700,731 in the two-year contract are across-the-
board increases, step movements, and within range progressions.
Reference: Comm. 287
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to adopt Res. 210-17. Seconded by
Mr. Kanuha.
CHR. POINDEXTER: Council Member David.
MS. DAVID: Yes, this is another binding arbitration contract, so I ask for your
support.
CHR. POINDEXTER: Okay, thank you. Any questions or discussion? All those
Page 31
-12 May 17, 2017
Vote on Res. 210-17: The motion to adopt Res. 210-17 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, David, Eoff,
Chair Poindexter 8.
Noes: None.
Absent: Council Member Ruggles 1.
Excused: None.
CHR. POINDEXTER: We move into Bills for Ordinances First Reading,
Mr. Clerk, Bill 29.
BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills
ORDINANCES for Ordinances (First Reading).
(FIRST READING):
Bill 29:
1983 (2016 EDITION, AS AMENDED), BY ADDING A NEW SECTION
RELATING TO TEMPORARY POSITIONS
Requires the Finance Director to notify the Council of any person employed
under a contract for less than 90 days if the salary is $5,000 or more per month,
and the temporary position is unrelated to a state of emergency declaration.
Reference: Comm. 238
Intr. by: Ms. Lee Loy
Approve: FC-16
Motion to Approve: Ms. Lee Loy moved to pass Bill 29 on first reading and
adopt Finance Committee Report No. 16. Seconded by
Mr. Richards.
CHR. POINDEXTER: Council Member Lee Loy.
MS. LEE LOY
Communication 238.1 please.
Motion to Amend: Ms. Lee Loy moved to amend Bill 29 with the contents
of Comm. 238.1. Seconded by Mr. Kanuha.
CHR. POINDEXTER: Council Member Lee Loy.
MS. LEE LOY: Thank you, Chair. At our last finance meeting when I proposed
this bill, we had a great discussion about the bill. And I took the opportunity to
listen to everyone including the administration, and what I heard at that meeting
Page 32
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was a couple of things. One, the original Bill 29 required the Director of Finance,
and after speaking to the Director of Finance, it actually fell better with the
Department of Human Services. I provided a reporting threshold of $5,000, and
we heard thatand Mr. Chung specifically said, you know, need to put a
cap, I went back to talk to Human Resources and Finance again,
and kind of collaborated on a different amount. So this communication actually
takes it down from $5,000 to $2,500, and that number was kind of was derived.
Because during the summer, we hire a number of kids to help out with our
awkward position, t
before the Council and public record. So the $2,500 or more per month for
myself, Deanna, and Human Resources was a better threshold. And then we
made some changes regarding the notification requirements, and that was worked
on by Human Resources. And so what you see in Communication 238.1 are all of
worked closely with the Department of Finance and Human Resources, and I
believe this bill now does address all of our concerns, the administration concerns.
And then we actually really do get back to accountability and the reporting from
your support on this, thank you.
CHR. POINDEXTER: Okay, regarding Communication 238.1, any other
discussion? Council Member Chung.
MR. CHUNG: Yeah, and I wanted to credit our colleague for her efforts in this
regard, I have just one question though. You know, we have that binder
containing all of the salaries of the employees of the County. T
names on it, a. S
at kind
of
CHR. POINDEXTER: Is that a question for our Corp Counsel?
MR. CHUNG: Yeah, maybe.
CHR. POINDEXTER: Yeah
MR. CHUNG: Or is in here?
know Joe maybe you got to address that. Although we saw all of the names in the
newspaper, I think we need some kind of clarification on all of this.
(Note: At this time, Corporation Counsel Joseph Kamelamela came
forward to address the members of the Council.)
Page 33
-12 May 17, 2017
MR. KAMELAMELA: So the 89 day contracts,
documents, so it is going to come out.
MR. CHUNG: Okay, alright. Thank you.
CHR. POINDEXTER: Okay, Council Member Kanuha had had his light on for
the first round.
MR. KANUHA: Oh, yeah. Just briefly, I support this, and thank you for working
with the department because a lot of times we do things, and
the department. But this makes it so much ea
of the changes. Mahalo for just making it easier for us to understand.
CHR. POINDEXTER
: I also wanted to thank my colleague, Ms. Lee Loy, for putting
this together.
onerous addition to the Code in terms of the requirements. And yes, Human
Resources is probably the better department. My only question and concern
the contract term. So just pointing out that this is not going to give us advance
notice, we may still read about it in the newspaper. But at least we should be able
to get more detail, thank you.
CHR. POINDEXTER: Thank you. Council Member David.
MS. DAVID: Thank you. I just wanted to express my support for this bill, and
also to thank Ms. Lee Loy for incorporating all the suggestions that we discussed
in length regarding this bill. So just thank you very much.
CHR. POINDEXTER: Council Member Eoff.
MS. EOFF: Thank you. Yes, I also support the changes, I think it makes it
clearer,
until after the fact as well. But at least we have
a report, and if it helps in the future to let us know what we may need to do
differently or be aware of, it serves that purpose. So thank you so much.
CHR. POINDEXTER: Thank you. Council Member Lee Loy.
MS. LEE LOY: Yeah, thank you. And thank you to the rest of my colleagues for
supporting this. To help with Mr. Chung, you know, like Mr. Kamelamela said,
Page 34
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this as a matrix, you know, the individuals name, the duration of the contract, the
cost, you know, just like how we get the change orders. But to also help with
,
done. But if, for whatever reason, they keep
renewing these 89 days contracts, these quarterly reports will actually provide a
pattern for us to take a good hard look at it, and then really be begin to question
you know, what is the true intent and purpose of this 89 day contract hire.
You know, maybe even make suggestions that a professional service agreement
that Mr. Chung always talks about, because those professional agreements
actually have measurables and deliverables with an amount. So I think this is a
great first step for a lot more accountabilities. So thank you guys very much.
CHR. POINDEXTER: Thank you. Are we ready to vote on?
Communication 238.1? Okay, all those in favor of Communication 238.1 say
Vote on Motion to The motion to amend Bill 29 with the contents of
Amend: Comm. 238.1 was carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, David, Eoff,
Chair Poindexter 8.
Noes: None.
Absent: Council Member Ruggles 1.
Excused: None.
CHR. POINDEXTER: Now were back to Bill 29, as amended with the contents
of Communication 238.1, is there any discussion? Council Member Kanuha.
MR. KANUHA: Yeah, I was trying to go back on what was brought up earlier,
you know, about the kids being under theseare they under these contracts? And
if they are, you know, as Mr. Kamelamela stated,
was that an issue with the department?
MS. LEE LOY: That was a suggestion from Deanna Sako, but I believe there
amounts are a little lower actually.
CHR. POINDEXTER: Do you want to have Deanna come up and explain?
MS. LEE LOY: Yeah. Deanna, could explain that? Thanks.
(Note: At this time, Deputy Director of Finance Deanna Sake came
forward to address the members of the Council.)
Page 35
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CHR. POINDEXTER: So Council Member Kanuha
MR. KANUHA
record and the names are going to be posted anyways, the
logic.
CHR. POINDEXTER: If you could state your name for the record.
MS. SAKO: Oh, sorry, Deanna Sako Deputy Director of Finance. I think those
of courtesy to some of the kids who are working during the summer.
MR. KANUHA: Definitely.
MS. SAKO: That may not be used, too.
MR. KANUHA
contracts are public record already, would those names be listed under that public
record?
MS. SAKO: We would check with Corporation Counsel if we were ever asked
for that information.
MR. KANUHA: Okay. I mean I support the bill, and I know the intent of what
work towards, but just tryin
CHR. POINDEXTER: Okay. Any other discussion? Did you want to close
Council Member Lee Loy?
MS. LEE LOY
CHR. POINDEXTER: Okay. So on Bill 29 as amended with the contents of
Page 36
-12 May 17, 2017
Vote on Bill 29 The motion to pass Bill 29, as amended to Draft 2, on first
(Draft 2): reading and adopt Finance Committee Report No. 16 was
(Approved) carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Chair Poindexter 8.
Noes: None.
Absent: Council Member Ruggles 1.
Excused: None.
CHR. POINDEXTER: Mr. Clerk, Bill 33.
Bill 33: AMENDS ORDINANCE NO. 16-72, AS AMENDED, THE OPERATING
ENDING JUNE 30, 2017
Appropriates revenues in the State Grants Safe Routes to School (SRTS)
Program Grant account ($86,468.50); and appropriates the same to the Safe
Routes to School Program Grant account. Funds would be used towards the
SRTS program.
Reference: Comm. 282
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to pass Bill 33 on first reading. Seconded
by Mr. Richards.
CHR. POINDEXTER: Council Member David.
MS. DAVID: Yes, thank you. This is the companion bill to Resolution 206-17,
so I urge your support. Mahalo.
CHR. POINDEXTER: Okay. Any other discussion? Seeing or hearing none, all
Vote on Bill 33: The motion to pass Bill 33 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuh
Chair Poindexter 8.
Noes: None.
Absent: Council Member Ruggles 1.
Excused: None.
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CHR. POINDEXTER: Mr. Clerk. Bill 34.
Bill 34: AMENDS ORDINANCE NO. 16-73, AS AMENDED, RELATING TO
PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE
FISCAL YEAR JULY 1, 2016, TO JUNE 30, 2017
Adds the Parks and Recreation Kuawa Street New Sports Fields Development
Fair Share Project for $400,000 to the Capital Budget. Funds for this project
shall be provided from Fair Share Contributions ($400,000). Funds would be
used to develop new fields to accommodate rugby, soccer, and football and a
new youth baseball/softball field.
Reference: Comm. 285
Intr. by: Ms. David (B/R)
Waived: FC
Note: Requires 2/3 vote of the entire
membership to amend, pursuant to
Section 10-
Charter
Motion to Approve: Ms. David moved to pass Bill 34 on first reading. Seconded
by Ms. Lee Loy.
CHR. POINDEXTER: Council Member David.
MS. DAVID: Yes, I believe this is an appropriation for the new sports field at
Kuawa Street. And I thought Reid Sewake was going to be here for questions,
, I ask for your
support.
CHR. POINDEXTER: Okay. Any questions? Council Member Lee Loy.
MS. LEE LOY
park that was just developed about a block and a half away, which is in the
district. And back in January I believe, when we had the fair share report, you
know, this was one of those buckets of money that was available when we
increased capacity. S
CHR. POINDEXTER: Thank you. Council Member Kanuha.
MR. KANUHA: Yeah, I was just trying to figure out where exactly it was. So
funds previously to complete it?
MS. SAKO: Hi, Deanna Sako, Deputy Director of Finance. We had the funds,
but we realized there w
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source, to free up some of the bond funds to use for other projects.
MR. KANUHA: Got it. And by doing that, what other projects are you going to
use the bond fund for? Is it going to be specifically for that area? B
where the money was going, or
MS. SAKO
planning a lot of the new projects,
projects.
MR. KANUHA: Okay.
MS. SAKO: You know, like the fire station and the transit base-yard.
MR. KANUHA: Sure, got it. Thank you.
CHR. POINDEXTER: Thank you. Council Member Lee Loy.
MS. LEE LOY: Yeah. And for Mr. Kanuha, thank you, that was an excellent
question. , what do we do
next? So you know, to be in planning for that. So great question.
CHR. POINDEXTER: Thank you. Any other discussion? Seeing or hearing
Vote on Bill 34: The motion to pass Bill 34 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, Richards, and
Chair Poindexter 7.
Noes: None.
Absent: Council Member Ruggles and 2.
Excused: None.
CHR. POINDEXTER: is not in the room. Second or
final reading, Mr. Clerk.
ORDER OF The Chair directed the Council to proceed to the next order of business, Order of
THE DAY the Day (Second or Final Reading).
(SECOND OR
FINAL READING):
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Bill 26: ADOPTS A PAY PLAN FOR PERSONS EMPLOYED BY THE COUNTY
OTHER THAN THOSE WHOSE PAY IS OTHERWISE PROVIDED FOR,
DESIGNATES PAYROLL PERIODS, PAY DAYS, PRESCRIBES
REQUIREMENTS WITH RESPECT TO OFFICIAL FIDELITY BONDS, AND
REPEALS ORDINANCE NO. 16-65 AND ALL AMENDMENTS THERETO,
SAID ORDINANCE TO BE KNOWN AS THE SALARY ORDINANCE OF
2017
Establishes rates of compensation for appointed employees in the Legislative
Branch and the Office of Housing and Community Development, the County
Physician, and Student Helpers and Senior Community Services Aids for various
County agencies.
Reference: Comm. 192
Intr. by: Ms. David (B/R)
First Reading: May 3, 2017
Motion to Approve Ms. David moved to pass Bill 26 on second and final reading.
Seconded by Mr. Kanuha.
CHR. POINDEXTER: Council Member David.
MS. DAVID: Yes, I ask for your support. This bill already passed first reading
with nine ayes, so thank you very much.
CHR. POINDEXTER: Okay. Any other discussion? Seeing or hearing none, all
Vote on Bill 26: The motion to pass Bill 26 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, Richards, and
Chair Poindexter 7.
Noes: None.
Absent: Council Member Ruggles and 2.
Excused: None.
CHR. POINDEXTER: Mr. Clerk, Bill 30.
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Bill 30: AMENDS ORDINANCE NO. 16-72, AS AMENDED, THE OPERATING
ENDING JUNE 30, 2017
Appropriates revenues in the State Grants - Juvenile Intake and Assessment
Center account ($210,000); and appropriates the same to the Juvenile Intake and
Assessment Center State account. Funds would be used to establish and
maintain the
with a sub-contracted operator chosen through procurement.
Reference: Comm. 250
Intr. by: Ms. David (B/R)
First Reading: May 3, 2017
Motion to Approve Ms. David moved to pass Bill 30 on second and final
reading. Seconded by Mr. Richards.
CHR. POINDEXTER: Council Member David.
MS. DAVID: Yes, I just ask for your support. This is another one that had a
companion resolution that was approved unanimously, and also the bill passed
first reading. So thank you very much.
CHR. POINDEXTER: Thank you. Any other discussion? Seeing or hearing
Vote on Bill 30: The motion to pass Bill 30 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, Richards, and
Chair Poindexter 7.
Noes: None.
Absent: Council Member Ruggles and 2.
Excused: None.
CHR. POINDEXTER: Mr. Clerk, Bill 31.
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Bill 31: AMENDS ORDINANCE NO. 16-72, AS AMENDED, THE OPERATING
ENDING JUNE 30, 2017
Increases revenues in the Area Plan on Aging account ($1,000,760); and
appropriates the same to the Area Plan on Aging account for a total
appropriation of $2,212,405. The Office of Aging received additional state grant
award funds from the State Executive Office on Aging.
Reference: Comm. 254
Intr. by: Ms. David (B/R)
First Reading: May 3, 2017
Motion to Approve: Ms. David moved to pass Bill 31 on second and final
reading. Seconded by Mr. Kanuha.
CHR. POINDEXTER: Council Member David.
MS. DAVID: Yes. This already passed first reading, so I ask for
your support again. Mahalo.
CHR. POINDEXTER: Okay, any other discussion? Seeing or
Vote on Bill 31: The motion to pass Bill 31 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, Richards, and
Chair Poindexter 7.
Noes: None.
Absent: Council Member Ruggles and 2.
Excused: None.
CHR. POINDEXTER: On reports, Mr. Clerk.
REPORTS: The Chair directed the Council to proceed to the next order of business, Reports.
FC-13 NOMINATION OF FREDERICK R. WARSHAUER TO THE PUBLIC
(Comm. 247): ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION
COMMISSION
Requires Council
Confirmation by: May 28, 2017 (Section 2-215(k),
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Vote on FC-13: Mr. Kanuha moved to adopt Finance Committee
(Adopted) Report No. 13. Seconded by Ms. Lee Loy and carried by
the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, Richards, and
Chair Poindexter 7.
Noes: None.
Absent: Council Member Ruggles and 2.
Excused: None.
CHR. POINDEXTER: Mr. Clerk, Communication 245.
PC-11 NOMINATION OF MARY FREITAS TO THE BOARD OF APPEALS
(Comm. 245):
Requires Council
Confirmation by: May 28, 2017 (Section 13-4(l),
Vote on PC-11: Ms. David moved to adopt Planning Committee
(Adopted) Report No. 11. Seconded by Ms. Lee Loy and carried by
the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, Richards, and
Chair Poindexter 7.
Noes: None.
Absent: Council Member Ruggles and 2.
Excused: None.
CHR. POINDEXTER: Mr. Clerk, Communication 246
PC-12 NOMINATION OF ERIC SCICCHITANO TO THE WATER BOARD
(Comm. 246):
Requires Council
Confirmation by: May 28, 2017 (Section 13-4(l),
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Vote on PC-12: Ms. Lee Loy moved to adopt Planning Committee
(Adopted) Report No. 12. Seconded by Mr. Richards and carried by
the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, Richards, and
Chair Poindexter 7.
Noes: None.
Absent: Council Member Ruggles and 2.
Excused: None.
CHR. POINDEXTER: Mr. Clerk, Planning Committee 13 Communication 248.
PC-13 NOMINATION OF THOMAS RAFFIPIY TO THE WINDWARD PLANNING
(Comm. 248): COMMISSION
Requires Council
Confirmation by: May 28, 2017 (Section 13-4(l),
Vote on PC-13: Mr. Richards moved to adopt Planning Committee
(Adopted) Report No. 13. Seconded by Ms. Lee Loy and carried by
the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, Richards, and
Chair Poindexter 7.
Noes: None.
Absent: Council Member Ruggles and 2.
Excused: None.
CHR. POINDEXTER: Is that it? I think we didmay I have a motion to
adjourn?
REFERRALS The Chair directed the Council to proceed to the next order of business, Referrals
FOR EXECUTIVE for Executive Session.
SESSION:
(There were none.)
OTHER The Chair directed the Council to proceed to the next order of business, Other
BUSINESS: Business.
(There was none.)
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Hawai`i County Council-12 May 17, 2017
ANNOUNCE- The Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
(There were none.)
ADJOURN- There being no other business, at 10:40 a.m., Mr. Kanuha moved to adjourn
MENT: the meeting. Seconded by Ms. David and carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, Richards, and
Chair Poindexter—7.
Noes: None.
Absent: Council Member Ruggles and O'Hara—2.
Excused: None.
CHR. Poindexter: We are adjourned.
JUL 1 8 2017
Council Approval:
1 I /
COUNTY CLERK
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