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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: -12 May 17, 2017 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 Page 2 -12 May 17, 2017 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. Page 3 -12 May 17, 2017 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 Page 4 -12 May 17, 2017 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 Page 5 -12 May 17, 2017 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. Page 6 -12 May 17, 2017 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 Page 7 -12 May 17, 2017 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. Page 8 -12 May 17, 2017 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 -12 May 17, 2017 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. Page 10 -12 May 17, 2017 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 Page 11 -12 May 17, 2017 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, Page 12 -12 May 17, 2017 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. Page 13 -12 May 17, 2017 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 Page 14 -12 May 17, 2017 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. Page 15 -12 May 17, 2017 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 Page 16 -12 May 17, 2017 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 Page 17 -12 May 17, 2017 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 -12 May 17, 2017 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 -12 May 17, 2017 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 -12 May 17, 2017 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 -12 May 17, 2017 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. Page 37 -12 May 17, 2017 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 Page 38 -12 May 17, 2017 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): Page 39 -12 May 17, 2017 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. Page 40 -12 May 17, 2017 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. Page 41 -12 May 17, 2017 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), Page 42 -12 May 17, 2017 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), Page 43 -12 May 17, 2017 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.) Page 44 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 SM/jm/rk Page 45