HomeMy WebLinkAboutMIN COUNCIL 2017-06-07 2016-2018
Hawaiʻi County Council
th
15 Session
Hawaiʻi County Council
25 Aupuni Street
Hilo, Hawaiʻi
June 7, 2017
INVOCATION: Reverend Bryan Siebuhr of Honpa Hongwanji Hilo Betsuin gave the morning’s
invocation.
CALL TO The regular meeting of the Hawaiʻi County Council was called to order at
ORDER: 9:08 a.m., in the Council Chambers, Hilo, by Ms. Valerie T. Poindexter, Chair.
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. Eileen O’Hara, Member
Mr. Herbert “Tim” Richards, III, 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, Mr. Richards led the Council in the Pledge of Allegiance.)
PETITIONS, The Chair directed the Council to proceed to the next order of business,
MEMORIALS Petitions, Memorials, Certificates of Merit, and Expressions of Condolence.
CERTIFICATES
OF MERITS, AND (Note: At this time Mr. Chung presented Certificates of Recognition
EXPRESSIONS to Track and Field State Champions Saydee Aganus and Chenoa Frederick
OF CONDOLENCE: at the recently held Hawai‘i High School State Athletic Association Track
and Field Championships.
Recess: At 9:26 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 9:34 a.m.
Hawaiʻi County Council-15 June 7, 2017
CHR. POINDEXTER: We are now going to take statements from the public.
STATEMENTS The Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public on Agenda Items.
PUBLIC ON
AGENDA ITEMS: The following individuals registered to speak and came forward when
called by the Chair:
Sylvia Dolena: Res. 205-17 (Comm. 281), comment.
Rene Siracusa: Res. 216-17 (Comm. 297); and
(Representing Malama O Puna) Bill 42 (Comm. 309), in support.
Claudia Ziroli: Res. 216-17 (Comm. 297), in support.
(Representing Fern Acres Community)
Abraham Sadegh: PSMTC-1 (Comm. 278), comment.
David Kisor: Res. 212-17 (Comm. 290), in opposition.
Sharon Landry: Res. 211-17 (Comm. 292), in support.
Virginia Aste: Res. 211-17 (Comm. 292), in support.
Barbara Arthurs: Res. 211-17 (Comm. 292), in support.
Toby Hazel: Res. 205-17 (Comm. 281);
Res. 212-17 (Comm. 290);
Res. 220-17 (Comm. 302); and
Res. 221-17 (Comm. 303), comment.
Emily Naeole: Res. 205-17 (Comm. 281); comment and
Res. 212-17 (Comm. 290), in opposition.
Dwight J. Vicente: Res. 192-17 (Comm. 261), comment.
(Representing Hawaiian Kingdom)
Tom Cumming: Res. 212-17 (Comm. 290), in support.
Joyce Alberta Folena: Res. 205-17 (Comm. 281);
Res. 211-17 (Comm. 292);
Res. 212-17 (Comm. 290);
Res. 216-17 (Comm. 297);
Bill 32 (Comm. 274); and
Bill 42 (Comm. 309), in support.
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Hawaiʻi County Council-15 June 7, 2017
Res. 205-17 (Comm. 281);
Res. 211-17 (Comm. 292);
Res. 212-17 (Comm. 290);
Res. 216-17 (Comm. 297);
Bill 32 (Comm. 274); and
Bill 42 (Comm. 309), in support.
Gregory Y. Smith: Res. 205-17 (Comm. 281);
Res. 211-17 (Comm. 292);
Res. 212-17 (Comm. 290);
Res. 216-17 (Comm. 297);
Bill 32 (Comm. 274); and
Bill 42 (Comm. 309), comment.
Gene Tamashiro: Res. 205-17 (Comm. 281), comment.
(Representing Aloha Nation Live)
CHR. POINDEXTER: Okay, this concludes the portion of public testimony.
Before we get into the approval of minutes, we’re going to take a ten-minute
recess.
Recess: At 10:28 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 10:53 a.m.
CHR. POINDEXTER: Okay, I’d like to call this meeting back to order. Right
now we’re at the approval of minutes. May I have a motion to approve minutes
of—oh Mr. Clerk, you don’t have to read anything in. Okay, can I have a motion
to approve the minutes of February 8 and February 22 of 2017? Seeing or hearing
none, all of those in favor say “aye.”
APPROVAL The Chair directed the Council to proceed to the next order of business,
OF MINUTES: Approval of Minutes.
Vote on Motion to: Mr. Richards moved to approve the Minutes of February 8 and
Approve Minutes: February 22, 2017. Seconded by Ms. David and carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards, Ruggles,
and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
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Hawaiʻi County Council-15 June 7, 2017
CHR. POINDEXTER: We move to Communications and I’d like to take a few
items out of order. We have Captain Randy Medeiros has been waiting for about
an hour now and thank you for being patience. Mr. Clerk, Resolution 223-17.
Change Order As directed by the Acting Chair and with no objection from the Council
of Business: Members, the following items were taken out of order:
Res. 223-17: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE
OF REAL PROPERTY FOR A HAWAI‘I COUNTY POLICE DEPARTMENT
WAREHOUSE
Authorizes the Mayor to enter into a multi-year lease extension with Geo
Investment Company, Inc., for four additional years for property located at Tax
Map Key: 1-6-146:032 in Kea‘au, at a monthly lease of $7,200.
Reference: Comm. 305
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to adopt Res. 223-17. Seconded by Ms. David.
CHR. POINDEXTER: Council Member David.
MS. DAVID: Yes, thank you. This morning we have Hamana, here for rental
properties and also, we have Captain Medeiros. If anyone has any questions, we
can have them come forward or if you folks want an explanation of this? Ok,
great, then can you both please come forward. Then, I guess, Hamana, you can
introduce yourself and then explain the lease agreement and the terms. Thank
you.
(Note: At this time, Property Manager Hamana Ventura came forward to
address the members of the Council.)
MR. VENTURA: Good morning, Council Members. Hamana Ventura, Property
Manager. What we’re looking here is a multi-year lease for your extension for
police evidence warehouse in Kea‘au. Five percent, I mean, excuse me, five cents
over what it was previously, but fixed for the next four years. So as we move
forward, we’re going to be able to pin our cost going forward when we’re cost
forecasting.
MS. DAVID: Thank you and Captain Medeiros, can you just give a brief
explanation of what the space is being utilized for by the Police Department.
(Note: At this time, Police Captain Randall Medeiros came forward to
address the members of the Council.)
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Hawaiʻi County Council-15 June 7, 2017
MR. MEDEIROS: Good morning, my name is Randall Medeiros with the Police
Department. The space is utilized for vehicles taken into evidence. This is cases
ranging from robbery, sexual assaults, murders, and runs a gamut, and it’s in
excess of 60 vehicles; six zero that we hold there at any given time.
MS. DAVID: Great, thank you very much. Council Members, I yield to my
fellow Council Members for questions.
CHR. POINDEXTER: Council Member Lee Loy.
MS. LEE LOY: Thank you, Chair. Captain Medeiros, is this evidence locker
subject to your folks CALEA (The Commission of Accreditation for Law
Enforcement Accreditation Program) of accreditation and a requirement under
that accreditation program?
MR. MEDEIROS: Yes, it is.
MS. LEE LOY: Thank you.
CHR. POINDEXTER: Council Member Richards. Oh, you’re done, okay, any
other questions or discussions? Okay, Council Member O’Hara.
MS. O’HARA: Thank you, Chair and thank you, Captain Medeiros, nice to meet
you in person. We’ve talked about this a little bit in a phone conversation,
Hamana, and that lease rate, remind me again how many years we’ve been leasing
that property in Shipman?
MR. VENTURA: This is going to be the sixth year, I believe.
MS. O’HARA: Sixth year, okay, and we’re investing, at this point, $86,400 a
year in rent monies. Won’t it behoove us to consider building our own warehouse
on our own properties, whether than continue down this road?
MR. VENTURA: That’s a possibility; that’s something we’re looking forward to.
I mean, that’s an option that we’re looking at down the line going forward, if we
can own as opposed to lease.
MS. O’HARA: What kind of ball park figure have you been thrown around as the
cost of that?
MR. VENTURA: Well, if we look at construction cost in this area, that’s kind of
a little difficult to decide. The market is host, the cost of construction keeps going
up, contractors are getting busy; it’s hard to pin at this point.
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Hawaiʻi County Council-15 June 7, 2017
MS. O’HARA: Okay, do we have any eligible properties that would work for the
police, in terms of proximity to their needs, et cetera?
MR. VENTURA: Not that size with their size requirements, not at this time.
MS. O’HARA: What is the size requirement?
MR. VENTURA: Well, this is twelve thousand square feet.
MS. O’HARA: So, we’re talking more than a quarter-acre of property, obviously,
because you have to have side yards and stuff. So maybe half an acre of property?
MR. VENTURA: I would think it would take more than that; parking field,
footing, and so forth.
MS. O’HARA: So we have no estimates on building costs and land costs to put
our own facility together?
MR. VENTURA: We haven’t done that analysis yet.
MS. O’HARA: It would be nice if we had that because this seems like a large
expense and, obviously, one that’s not going to go away. We need to have, you
know, our evidence secured and as Ms. Lee Loy pointed out, it is a requirement
that we have to comply with. So, I would ask that we get some information on
what those possibilities are and start looking at it, because we’re committing to
what a four year lease here?
MR. VENTURA: Yes.
MS. O’HARA: In four years we should be able to find the money that we need, if
we know how much is needed, and the land that we need and move forward on
construction. Thank you.
CHR. POINDEXTER: Any other discussion or questions? Seeing or hearing
none, all those in favor please say “aye.”
Vote on Res. 223-17: The motion to adopt Res. 223-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards, Ruggles,
and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
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Hawaiʻi County Council-15 June 7, 2017
CHR. POINDEXTER: We move now, can we go out of order for Captain
Medeiros is Bill 41.
Bill 41: AMENDS ORDINANCE NO. 16-72, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2017
Increases revenues in the Federal Grants – High Intensity (HI) Impact Grant
account ($49,418); and appropriates the same to the HI Impact Grant account for
a total appropriation of $234,843. Funds would be used to combat the
methamphetamine drug problem by conducting sting operations and training
officers in the enforcement of these drug related cases.
Reference: Comm. 308
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to pass Bill 41 on first reading. Seconded
by Ms. Lee Loy.
ACTING CHR. EOFF: Council Member David.
MS. DAVID: Thank you. In this matter, a waiver was requested and we granted
the waiver to move it forward to Council and Captain Medeiros, could you please
give us a brief explanation. I know he read it in but what these funds are for.
(Note: At this time, Police Captain Randall Medeiros came forward to
address the members of the Council.)
MR. MEDEIROS: Thank you. These funds are to cover costs of training, both
locally within the State and nationally, as well as undercover investigations.
When I say undercover investigations, I mean the confidential purchase of drug
evidence as well as the cost associated with purchasing the evidence. The line
share I believe is allocated toward training though.
MS. DAVID: Okay, and about how many officers will this training?
MR. MEDEIROS: The East—the area one vice section has thirteen officers that
would be directly affected, but part of the training is their training. So, it could be
many more, it would affect officers from across the island actually.
MS. DAVID: Okay, great, thank you. I don’t have any other questions. Mahalo,
I yield.
CHR. POINDEXTER: Council Member Richards.
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Hawaiʻi County Council-15 June 7, 2017
MR. RICHARDS: Is this—and maybe I missed it, but is this a program that’s
reimbursable by a federal program or anything like that?
MR. MEDEIROS: Yes, it’s from the Office of National Drug Control Policy.
MR. RICHARDS: Okay, thank you.
CHR. POINDEXTER: Any other questions? Okay, seeing or hearing none, all
those in favor say “aye.”
Vote on Bill 41: The motion to pass Bill 41on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards, Ruggles,
and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: Thank you. Mr. Clerk, another item out of order,
Resolution 226-17.
Res. 226-17: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE
OF REAL PROPERTY FOR THE OFFICE OF THE COUNTY CLERK,
WAIMEA COUNCIL DISTRICT OFFICE
Authorizes the Mayor to enter into a five-year lease agreement with Niu Pia
Land Company, Ltd., with the option of a five-year extension for 577.3 square
feet of office space in Parker Square at 65-1279 Kawaihae Road, at an
estimated montly lease of $1,607.
lease of $7,200.
Reference: Comm. 312
Intr. by: Ms. Poindexter
Waived: FC
Motion to Approve: Mr. Richards moved to adopt Res. 226-17. Seconded by Ms. Lee Loy.
CHR. POINDEXTER: Council Member Richards.
MR. RICHARDS: Thank you, Chair, and thank you for getting this to
Council. This has been an arduous journey to get to where we are going.
Current Council office has some issues with it. Health issues we’re
dealing with’ problematics of mold and unable to really get this resolved.
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Hawaiʻi County Council-15 June 7, 2017
In discussing and going forward and looking at the monthly figure
compared to what it would have been at the other office, we’re looking at,
basically, a net zero. So, it’s the same as it would have been had we
stayed and done the improvements on the other side. So, I look forward to
my colleagues supporting this so I can get into a new office that I can
work from. Thank you.
CHR. POINDEXTER: Is there any discussion or questions? Seeing or
hearing none, all those in favor say “aye.”
Vote on Res. 226-17: The motion to adopt Res. 226-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards, Ruggles,
and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: Hamana, maybe you want to just stay there since I will
finish you up on the PONC (Public Access, Open Space, and Natural Resources
Preservation Commission); the Resolution 192-17, Mr. Clerk.
ORDER OF The Acting Chair directed the Council to proceed to the next order of business,
RESOLUTIONS: Order of Resolutions.
Res. 192-17: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL
RESOURCES PRESERVATION MAINTENANCE STEWARDSHIP GRANT
TO HAWAI‘I WILDLIFE FUND
Approves a grant of $13,200 to Hawai‘i Wildlife Fund, a 501(c)(3) nonprofit
organization, for the purpose of protecting, preserving, and restoring the Kāwā
properties (Tax Map Keys: 9-5-016:006 & 025; and 9-5-017:005 & 007),
pursuant to Section 10-16(a) of the Hawai‘i County Charter.
Reference: Comm. 261
Intr. by: Ms. David
Approve: FC-18
Motion to Approve: Ms. David moved to adopt Res. 192-17 and Finance
Committee Report No. 18. Seconded by Ms. Lee Loy.
CHR. POINDEXTER: Council Member David.
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Hawaiʻi County Council-15 June 7, 2017
MS. DAVID: Thank you. I believe at our May 16 Committee meeting, we
unanimously recommended approval for this and Hamana is here. Hamana, if
there’s any updated status on this, if not I just ask for your support. Thank you.
CHR. POINDEXTER: Any questions for Hamana? Seeing or hearing none, all
those in favor say “aye.”
Vote on Res. 192-17: The motion to adopt Res. 192-17 and Finance Committee
(Adopted) Report No. 18 was carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, Richards, Ruggles, and
Chair Poindexter – 8.
Noes: None.
Absent: Council Member O’Hara – 1.
Excused: None.
.
CHR. POINDEXTER: Okay, is there any other—I know that we wanted to take
Environmental Management out of order; we have them here. So, is that okay
with everybody that we get that out of the way? Okay, so Mr. Clerk, Bill 32,
please.
Bill 32: AUTHORIZES THE MAYOR OF THE COUNTY OF HAWAI‘I TO ENTER
INTO AN INTERGOVERNMENTAL AGREEMENT FOR A STATE WATER
POLLUTION CONTROL REVOLVING FUND LOAN FOR SOLID WASTE
IMPROVEMENT PROJECTS; AND AUTHORIZES THE ISSUANCE OF
$20,000,000 OF GENERAL OBLIGATION BONDS OF THE COUNTY OF
HAWAI‘I FOR THE PURPOSE OF FINANCING THE SOUTH HILO
SANITARY LANDFILL FINAL CLOSURE PROJECT
Funds would be used to satisfy closure requirements of the south Hilo Sanitary
Landfill, to be repaid by the County over a 20-year term through the issuance of
General Obligation Bonds. Final design for the closure is anticipated to be
complete by the end of 2017.
Reference: Comm. 274
Intr. by: Ms. David (B/R)
Approve: FC-19
(Note: Comm. 274.1, from Council Member Poindexter dated May 31, 2017
requesting a short presentation and Comm. 274.2, from Council Member
Poindexter dated June 5, 2017, transmitting the PowerPoint presentation to
Bill 32 was circulated.)
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Hawaiʻi County Council-15 June 7, 2017
Motion to Approve: Ms. David moved to pass Bill 32 on first reading. Seconded by
Ms. Ruggles.
CHR. POINDEXTER: Council Member David.
MS. DAVID: Thank you, Chair. Welcome, Director Kucharski and Director
Goodale. I understand you folks have a presentation regarding this bill? Okay,
great, so just identify yourself and then proceed with your presentation.
(Note: At this time, Department of Environmental Management Director
William Kucharski came forward to address the members of the Council.)
MR. KUCHARSKI: This is Bill Kucharski, Director of DEM (Department of
Environmental Management). The presentation is up; this is going to be a little
more information on the closure of the Hilo Landfill and the status of our meeting
with Department of Health, who is the overseeing and permitting agency for us. I
will have Greg Goodale who is the Division Chief present these findings and
discussion.
(Note: At this time, Department of Environmental Management Director
Greg Goodale came forward to address the members of the Council.)
MR. GOODALE: Good morning. Greg Goodale, Solid Waste Division Chief.
So as Director Kucharski said, we’ve developed this; it’s just a short presentation
that talks about kind of a little more specifics that we didn’t have the last time we
spoke with you folks. We believe that this will go a long way to give you a better
idea as to what we’re looking at for this closure, what the dollars that we’re
requesting will be going towards. So, I’m just going to go to the next slide.
The closure is going to involve several steps, so we’re rarely right at the
beginning stage of this. The first stage is the design stage, so we’ve got a
consultant on board, you know, under contract with the County that’s already
developing these closure alternatives for us to be able to present to the State. So,
within the design phase, we also have to start up the process of doing the
environmental assessment. So as part of the environmental assessment, you
know, we’ll also anticipate having some meetings for the local folks to be able to
have a better understating of what this means for the landfill, but also some of the
specifics about the technologies that are going to be incorporated into this closure.
So the EA (Environmental Assessment) as I mentioned before, will also take in
the consideration; the previous traffic study that was done as part of the sort
station environmental impact statement. So, we’ll be doing a revision to that.
The EA was also going to incorporate, as I said, the public meetings that we’ll
intend to have as part of this whole process.
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Hawaiʻi County Council-15 June 7, 2017
So if you go onto the next slide, it gets into more of the standpoint of the
approvals that we’re going to be seeking. So obviously on the EA side that
involves a whole series of publications and review and all those types of things.
But, probably the big hurdle that we’ll be going through and as Mr. Kucharski
pointed out, we did have a meeting with the State Department of Health, Solid
and Hazardous Waste branch and gave them some of the basic design ideas that
are coming out from our consultants. So, we met in conjunction with our
consultant and the State, and at least they were accepting of the ideas that we
brought forward to them. So it still has to go through that vetting process; the
designs that we submitted. Again, once we can get through that process then we
can get to a point of being able to have a fully developed bid package that we can
put out that will actually then go into a construction phase. Given that it’s such a
big project, we’re expecting that this project is going to take well over a year to
fully complete.
So if we go to the next slide, this just gives some idea on the kind of acreage we
are talking about for this site. Before we came here, Director Kucharski pointed
out that it was thirteen—
MR. KUCHARSKI: —No, about three hundred.
MR. GOODALE: Oh, three hundred football fields worth of liner material that
we’re looking at to install. So, we did bring some of this material so you can see
thirteen point nine acres, and, actually, I’m going to go quickly to the next. So if
you just look at this, it’s hard to envision that this isn’t in a 3-D, but basically this
is kind of what represents the acreages that are called out. Since you’ve got your
handout, you can look at the top middle portion of this drawing presents the
thirteen point nine acres and then the twenty seven point four acres is essentially
what’s around the sides of this. Three chosen closure designs right now is this
synthetic turf is one and if anybody wants to take a look we can pass it around.
Just kind of wanted to have a little bit of a visual so people—anybody interested
in taking a look at this? Yeah, so actually the part that goes underneath the turf is
probably the most important part because it’s actually the part that would keep the
rain fall or any precipitation from going into the refuse. The turn actually cuts
down on the rainfall. It actually helps to lessen the amount of off-flow and the
whole storm water drainage of this material, but it also protects that membrane
from UV (Ultraviolet) and those types of things. But, again, this is just one of the
types but this is one of the ones that is meeting at least cost wise and technology
wise to one of the higher levels. So anyway, as I said, the second one is the
prescriptive cover, which is just a GEO membrane covered by clay and soil and
grass and the evapotranspiration cover is more of an experimental type cover. But
when we go to the State with these things, we want to have multiple selections of
materials to look at. Okay, so moving on, we’ve already looked at the outlay
perimeter of the site.
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Hawaiʻi County Council-15 June 7, 2017
The next slide is basically just too kind of give an idea of the slide slopes and the
height of the site at the Hilo Landfill and this is just kind of a cross section
through the site. As we get this more fully developed, we’re hoping to have some
more visuals that we can take out to the public so that they can have a better
understanding of what we’re dealing with, so as we go to these meetings they’re
not having to try and use their minds eye to envision what it is we’re trying to
accomplish. So, we’ve asked our consultant to help us develop some of those
kinds of visual aids for those public meetings.
So in a nutshell, that’s basically what the design is. So, the next side is kind of
based on the actual cost that we’re looking at. The twenty million dollars that’s,
you know, the asked from the State SRF (State Revolving Fund) is based what
our initial estimates. So, basically what we’ve gotten back from our consultant,
the cost of this project would fit within the twenty million ask. We’re not at this
point, anticipating that it would exceed that twenty million dollars. But as you
can see, it’s also at a very low interest rate; much lower than we would be able to
get or any kind of bond that the County could get. So that’s one of the biggest
advantages of the SRF loan. And that basically does it for our presentation. So if
anybody has any questions for myself or the director?
CHR. POINDEXTER: Okay, Mr. Richards.
MR. GOODALE: I’m looking at the cross section of your mountain, what’s the
height and what’s the slope, and when you’re talking about the different
membranes, I don’t know how to ask all these questions at once. But what kind
of slope were you talking about, basically, grass that is supposed to be synthetic,
what are we looking at there.
MR. GOODALE: So in looking at this cross section, basically, from ground level
to the top, we’re looking at about a hundred and fifty to a hundred and sixty feet
total. But the side slopes are at about a two to one slope, so for every one foot
you’re going in; you’re going up two feet, so it is a pretty steep, which is actually
one of the things I didn’t hand this out. If anybody wants to look at this, this is
the material we’re looking at for the side slope, which would actually have a
much more firm anchor to it. So, I’ll just pass this around.
MR. KUCHARSKI: As that is being passed around, one the issues we have with
the prescriptive cover which is clay and grass, is maintenance of that. Our
mowing will be a lot less with this synthetic, then it would be if had and
particularly with the two to one slope. It would be very difficult to maintain, as
things grow in Hilo, it would soon become a problem. So the synthetic is a much
better alternative for our environment and particularly for the steep side slopes.
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Hawaiʻi County Council-15 June 7, 2017
MR. RICHARDS: Okay, so given that and there’s been a little conversation, we
cap this thing, basically, what we’re talking about and then what, is it just going to
sit there or is there any potential allowed uses for mauna opala?
MR. GOODALE: So, the allowed usage is very low impact. So typically the
kinds of things that you see, incorporate in the closed out Landfill sites, especially
of this nature where it is so steep; would be things like some hiking type trails but
initially, because of the fact that we’ll still going to have some active operations
in close. But there is some possibility because Parks and Rec does have some
area, you know, the drag strip, the skeet range are all kind of in that vicinity, so
ruling out some type of recreational use in the future, but it would again be very
low impact, you know, probably more like pedestrian type use. It wouldn’t be
anything like motorized. As I said in our previous meeting, it would make for a
great view point looking out. Actually, you can see not only Hilo Bay but during
when the volcano was erupting in the Pāhoa, we were able to see the vents from
up there So, again, it’s pretty minimal type usage, it’s not typically something
that you’re going to have a lot of folks in there for big group gatherings or that
type of thing.
MR. RICHARDS: Yeah, I didn’t think it would be a destination party site or
anything. As far as cost between the prescriptive like you called it versus the
synthetic, what’s the difference in cost estimated; rough numbers?
MR. GOODALE: Between, well, the one thing we do and I didn’t bring it today,
but we do have a morph developed—that has more of the cost breakdown from
our consultant. But it’s in the millions of dollars, the difference between the
prescriptive and this turf.
MR. KUCHARSKI: That’s higher cost, not lower.
MR. GOODALE: Yeah, much higher cost for the prescriptive. But, that’s stuff
that’s evaluated also from the standpoint of the consultant is what the long-term
care of this site is going to be. So, that’s all factored in. So, you have the initial
cost, the construction cost, which is lower for this type of material, but then you
have the long-term closure care cost that would be also lower due to the fact as
the director said, you know, you’re not going to have as much in the way of like
having to mow. There is still going to be maintenance cost that as we get
settlement and we have to go in and correct slopes and things like that. If we have
to replace a panel of this material, that’s the kind of thing, we would be able to go
in and just replace an entire section of panel if, for some reason, there was
damage or something was to occur that needed to be improved.
MR. RICHARDS: Okay, because those are—I won’t speak for the Council as a
whole but yeah construction cost. But then 20 year maintenance cost; those are
numbers that are going to be very important to myself, personally, so.
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Hawaiʻi County Council-15 June 7, 2017
MR. GOODALE: Yeah. Those are all taken into consideration in our evaluation
of the overall selected system.
MR. KUCHARSKI: I might also add that we have been approached by at least
one company about the possibility of putting a solar form on the south face. And
that’s something that we would consider, if we do that, we would have to go back
to Department of Health and get a revision to our closure permit. But that is
something that is also it’s benign, it’s not intrusive, but it would be something that
would be of benefit. We’re looking at that, but nothing has proceeded past. We
need to get this closed and then we can take a look at future use.
CHR. POINDEXTER: Okay and director—just excuse me one second because
when we do the minutes and their just listening to voices, we’re going to have
three voices going on. If it was one going back and forth we would be okay. So I
just need you to—when you guys switch off, just identify yourself for the record,
because they are going to be concentrating on his voice and then it switches and
they’re going whose voice was it. So just because of the minutes, that I need to
have you identify yourself for the record.
MR. KUCHARSKI: This is Bill Kucharski and I dutifully chagrin that I failed
that test again.
MR. RICHARDS: Okay, that answers my questions. I yield. Thank you.
CHR. POINDEXTER: Thank you, any other questions on this? Council Member
Lee Loy, oh, okay who wants to go first? Council Member O’Hara.
MS. O’HARA: I have some short questions, hopefully short. The synthetic turf
we’re talking about; cheaper to install and cheaper to maintain, in your opinion.
MR. KUCHARSKI: Yes, ma’am.
MS. O’HARA: What’s the longevity of this material in a tropical environment
with heavy rainfall?
MR. GOODALE: Again, that’s also something that was very much on our mind
when we were going into this design was that it was something that was going to
be designed for Hawai‘i conditions and, also, the high rainfall conditions that we
have here in the Hilo area. So the material will meet the 30-year post closure, but
as I said, if we have areas that need sections of the panel for whatever reason
replaced, it’s able to be done in that way. So you are not looking at having to
replace the entire thing. You would just be able to replace the section that has
maybe been compromised by whatever.
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Hawaiʻi County Council-15 June 7, 2017
One of the other things that we did place into consideration was the effects that
say like a tropical storm might have; wind shear and those types of things. So
when we brought this to our consultant for all of this design criteria, we wanted to
make sure they were looking at anything that would be possible given that we’ve
seen, you know, tropical storm occur in the last five years. We want to make sure
that’s taken into consideration for a design of something like this especially when
it does extend up into, you know, the elevation the way it does.
MS. O’HARA: Okay, thank you. Yeah, we do have a very steep slope and, I
mean, we steepened the slopes about ten years ago or so, to accommodate more
waste. But, they’re very steep and you, obviously, cannot do maintenance on that
kind of grade. So, I can see using the synthetic for that reason. On top, I’m not
so sure but if it’s less expensive and it’s going to last the life of the closure and
you can remove panels of it, as you say. Yeah, because often the problem is as
the material degrades and you come back twenty or thirty years later and you
want to do something else with that area, getting that material out can be
problematic, especially if there’s a lot of weed growth and what not, because it is
synthetic. So, just kind of thinking down the road and seeing if there are any
concerns there, but it sounds like you’re addressing most of those. I appreciate
that.
CHR. POINDEXTER: Okay, thank you. Council Member Lee Loy.
MS. LEE LOY: Thank you, Chair. Thank you, Director and Chief, for being
here today, I just wanted to focus a little bit for the timeline for the EA
(Environmental Assessment) of the closure. I know it might not be hard and fast
right now, but what’s the timeline or projected timeline for the preparation of the
EA for the closure?
MR. GOODALE: Solid Waste Chief, Greg Goodale. The consultant is already
working with some local folks here on the island to begin the process of starting
the EA in terms of, you know, trying to populate some timelines on some of the
things we are talking about as far as the public meetings and when we would be
starting to look at some of the publication dates with OEQC (Office of
Environmental Quality Control) and those types of things. So, that was very
important to us with our consultant as we had somebody that was based here on
Hawai‘i island for looking at doing the EA, because we want to make sure that
we’ve got somebody that’s aware of all the different issues that they might be
faced with. So, that process is started up already. That was incorporated into the
contract with them right from the very beginning. We haven’t had anything that’s
gone out for publication or anything like that, but we anticipate that once we have
a better feel from the State as to what they are going to be willing to accept, then
that way we’ll have a little better material to take before the public to show them
the direction. We really don’t want to do that with any folks before we have
better sense that the State is going to be willing to accept the types of closure
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Hawaiʻi County Council-15 June 7, 2017
ideas that we’re going to put forward. So, like I said, it’s kind of this incremental
step process. We feel like we’re very close to getting that agreement and
concurrence from the State in terms of the type of closure system that we want to
utilize, but what we’re also being clear about is because for the EA process, we
want the EA to explore all the alternatives through that process and that there isn’t
anything that’s set in stone, as far as what we’re going to do. So, we’re saying
these are the alternatives that we’re exploring and now this might be number one,
number two, number three kind of thing. But at least we’ll have a feeling from
the State as to what they’re willing to accept as well, so.
MS. LEE LOY: Yeah and thank you for bringing up that point, which is the
alternative process. However, I just want to make the request right here, right
now, as you folks get closer to the publication date with Office of Environmental
Quality Control, can you please begin to share that with my office, so we can help
you folks coordinate some of the information and some of the comments that will
potentially arise from the EA (Environmental Assessment)?
Then you spoke about the alternatives, because I also heard a potential for a
passive uses, recreational uses or solar uses. So my question now is will that
trigger another EA process or are you hoping to fold that into the EA process and
bundle it at the time for this?
MR. GOODALE: Our goal would be to try and bundle the post closure usage in
with this, in the same way as we are keeping the traffic study in with the EA.
Because we want to be able to point out not only what kind of effect the closure
and what is happening with this closure, but how that’s going to affect other
things that are involved with the handling of the waste in East Hawai‘i, so.
MS. LEE LOY: thank you, because that’s the other piece that the community
would be very interested in is the alternative impacts, right? Besides the closure,
there’s the impacts with that, but then the future potential impacts on something
like a passive park compared to a solar farm. I understand those things maybe
minimal but it’s ideal to inform them about it. Thank you, Chair. I yield.
CHR. POINDEXTER: Thank you. Is there any other discussion on Bill 32?
Council Member David.
MS. DAVID: I just have one question or maybe two. Has this been used
anywhere else in the State, this particular method of landfill closure?
MR. GOODALE: No it has not, but then also there haven’t been that many
landfills in this State. Well, two things, this is the only landfill in this State that
has this similar characteristic in given the rainfall and also the steep slide slopes.
Most of the closures that have been done in the other counties have been done on
a much more gentle slope, but in a much different type of rainfall environment as
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Hawaiʻi County Council-15 June 7, 2017
well. So this is pretty unique, but it has been done in a lot of other areas in the
nation that has been met with approval. We were just discussing that Region 9,
which incorporates California has several of these closures that have been done.
That was one of our characteristics that we put before the consultant, is that we
didn’t want to be the guinea pig. We wanted to have something that was tried and
tested that we were going to be able to take to the regulators and that they weren’t
going to tell us that we ended up having to do some kind of a pilot study or
something like that to prove to them that it works. The good thing is we’ve got
the engineering data on this material that shows that it works.
MS. DAVID: Okay, great, thank you.
MR. KUCHARSKI: This is Bill Kucharski, for the record. This has been used in
Florida environment, which is a high rainfall, low latitude environment. That’s
one of the test sites that they used as the basis for this, so. We have had similar
environments where this has been used.
MS. DAVID: Okay, great, thank you. One last question, unlike the Kona landfill
that has its own problems, would the landfill actually deflate after years where the
turf covers it would be affected by any deflation of the landfill?
MR. GOODALE: Yeah, so what happens is it’s a process called differential
settlement. So basically what happens is time goes on and the refuse continues to
biodegrade, you’ll get localized area of this differential settlement. So that’s part
of our post closure care. We would need to go back in and there might be cases
we might have to cut out a section, fill it, keep the material so that we don’t have
any kind of area localized ponding and water accumulation. But the good thing
is—actually a few of these different systems; it works well for that where you can
go in and just have to correct the area that’s the problem.
The other good thing is that fortunately for us is that as we’ve been landfilling in
Hilo for the last ten plus years, there’s been a lot more focus on compaction and
those kinds of things of the refuse, which tends to minimize the differential
settlement. So we wouldn’t expect to see as much, but, as you know, when we
landfill things we’re not just land filling one type of material, we’re landfilling all
types of materials. So, you still end up with that localized settling.
MS. DAVID: Great. So, then, actually this is not something you guys are going
to cover it and then not pay attention to is? It’s going to require, you know,
constant monitoring then right?
MR. GOODALE: Correct.
MS. DAVID: By the way, that was Director Goodale.
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Hawaiʻi County Council-15 June 7, 2017
MR. GOODALE: Solid Waste Chief.
MS. DAVID: Oh, I’m sorry. Solid Waste Chief. I stand corrected. Alright, I
think I’m done, thank you, gentlemen.
CHR. POINDEXTER: Council Member O’Hara.
MS. OHARA: Can you just remind us and remind the public how long the Hilo
Landfill has been open, because what you just said, Mr. Goodale, about the last
ten years of compacting the waste? I think it’s important that the public
understands that we didn’t always manage the landfill so properly and it has been
open for a long time.
MR. GOODALE: So, yeah, Greg Goodale, Solid Waste Chief. The Hilo Landfill
in its current location has been there since the last seventies. When we initially
started landfilling in that location, basically, what the County had was a bulldozer,
periodically. Then as time went on, the County got the equipment that was
required to do the job. So, now we’re kind of up to more state of the industry,
where we’ve got the compactors, and the bulldozers, and everything to be able to
do the work. But, as you pointed out, this has been something that’s gone through
nationwide where folks—it used to be that they just lit it on fire and that’s the way
it went. But, for probably the last couple decades, it’s been more in line with kind
of the state of the industry. And, again, you know, with the cost of these pieces of
equipment, the County has struggled to make sure that we keep our equipment
going the way it should. For recent history, we’ve been pretty good about being
able to put it away the way it supposed to.
MS. OHARA: When did—I know Federal law subtitled is what 1993, 1994,
something like that requires lined landfills, which this was not because it was
grandfathered in? When did we start applying daily cover?
MR. GOODALE: 93, yeah. The daily cover rule essentially, basically, went into
effect nationwide about the same time subtitle D did. The County, as far as
applying the six inches of daily cover. Since then there’s been other
developments as far as the way we do it with alternative daily cover, which is
essentially a tarp over. And we do that both West Hawai‘i and East Hawai‘i, but I
know you didn’t want me to come here and give you a whole talk about all the
landfill techniques. But, yeah, in terms of the way we’ve done it for the last
recent history, things have changed considerably, as far as having to put the daily
cover or an equivalency of daily cover.
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Hawaiʻi County Council-15 June 7, 2017
CHR. POINDEXTER: Okay, thank you. Any other—okay, seeing or hearing
none, all those in favor of Bill 32, say “aye.”
Vote on Bill 32: The motion to pass Bill 32on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards, Ruggles,
and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None
CHR. POINDEXTER: Okay, so, I know, I’m going to take one more out of order
and I’m sorry, Ron Whitmore, I was supposed to have taken you before this, but I
will do this now. Resolution 221-17. Excuse me, hold on, one second. Oh,
wrong one, 222-17, sorry.
Res. 222-17: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT, PURSUANT TO HAWAI‘I REVISED STATUTES
SECTION 46-7, WITH THE UNIVERSITY OF HAWAI‘I ECONOMIC
RESEARCH ORGANIZATION (UHERO)
Authorizes the Mayor to enter into an agreement with UHERO at a cost not to
exceed $50,000 to develop the County’s Data Book as an online Open Data
Portal.
Reference: Comm. 304
Intr. by: Ms. David
Waived: FC
Motion to Approve: Ms. David moved to adopt Res. 222-17. Seconded by Ms. Eoff.
CHR. POINDEXTER: Council Member David.
MS. DAVID: Thank you. Mr. Whitmore, could you please come up. Can you
identify yourself and number one, we know what UHERO (University of Hawai‘i
Economic Research Organization) stands for, but can you give us an explanation?
(Note: At this time, Department of Research and Development Deputy
Director Ron Whitmore came forward to address the members of the
Council.)
MR. WHITMORE: Sure. Good morning. Ron Whitmore, Deputy Director of
Department of Research and Development. Very simply, the bottom line is we
are getting greater value and better product for less money. Is that enough?
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Hawaiʻi County Council-15 June 7, 2017
Okay, a little bit more, so one of the three Charter mandated duties and functions
of the Department of Research and Development is collecting and developing
data necessary to support good decision making on the part of bodies of
government, including yourselves and all the other agencies with the County.
Historically, we’ve done that in the form of a printed data book, which has its
advantages and disadvantages. This is an effort at addressing the disadvantages
of having a printed data book to increase accessibility, have data be the most up to
date and available at any given time. The downsides of printed is that once it’s
printed it’s out of date. Sometimes difficult to use if you actually need to
manipulate the data, do a graph, a chart, you have to then enter that yourself or go
back to the source of the data, download it, et cetera. The idea of a data portal is
right there at that site, you can download the data or you can actually choose from
a variety of visualizations, bar chart line graph; a lot more flexibility, much more
usable for the user. We are in discussions with UHERO about ways to make the
site adaptable so that you’re not stuck necessarily with a fixed set of data sets that
the user could, to some extent, have some flexibility in defining and identifying
preferred data sets. A whole range of options and greater flexibility that you’re
given on a digital platform, as opposed to a printed static platform, so, that’s the
general idea.
MS. DAVID: Awesome, thank you, I yield.
CHR. POINDEXTER: Okay, Council Member Richards.
MR. RICHARDS: Timeline for completion?
MR. WHITMORE: There are three basic phases to the project. The first is a
scoping phase and this is really important. I’m not a hundred percent clear on the
history of which—why the data sets that are currently included in the data book
are there. So we’d like to go through a process, including yourselves, and all the
County agencies, and many of our external stakeholders of asking which data sets
would do you find most useful, so we can prioritize those; make sure to make
those available. So, there’s going to be a two to three month scoping phase
followed by the development and I believe they told us less than six months, I
think even quicker than that. The advantage of UHERO is they do this already. If
you go to their website, you’ll see that they provide a range of data sets already
established platform that they’ve used. So, they’ve got the capacity, the platform
on which to build this already set up, so they don’t need to do that software
development; that coding. It’s a matter of identifying the data sets desired and
then formatting in a way that best serves our primary users for it.
Then the third phase is the training phase. Both for what we consider super users,
there’s some people that we know commonly use the data book, call in often for
data requests and training for those folks as well as staff, certainly. But then also
do a training—trainer of the trainer sort of thing where we’ve got a pool of people
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Hawaiʻi County Council-15 June 7, 2017
probably, primarily staff, who then are equipped to go out and train other folks
who maybe heavy users of some of the data to make sure it’s accessible, and
available, and usable for people as possible. That would all be completed within a
year.
MR. RICHARDS: Okay, so, start to finish about 1 year?
MR. WHITMORE: At the most, yes.
MR. RICHARDS: Okay, thank you.
MR. WHITMORE: We want to do it as quickly as possible. This was done in
2015, so we’re due for an update to the data book. So, we’re anxious to get this
done.
CHR. POINDEXTER: Okay, thank you, any other questions? Seeing or hearing
none, all those in favor say “aye.”
Vote on Res. 222-17: The motion to adopt Res. 222-17 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards, Ruggles,
and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None
CHR. POINDEXTER: Okay, so I’m going to go to the top at Communications.
Then we can work our way, unless somebody else—another Council Member has
a request to take something out of order. So, Mr. Clerk, Communication 73.4.
Return to Order The Acting Chair directed the Council to return to the order of business.
of Business:
COMMUNI-The Chair directed the Council to proceed to the next order of business,
CATIONS: Communications.
Comm. 73.4: REPORTS THE ATTENDANCE OF COUNCIL MEMBER O’HARA,
COUNCIL MEMBER RICHARDS, AND COUNCIL MEMBER POINDEXTER
AT THE ‘Ō‘ŌKALA COMMUNITY MEETING HELD ON MAY 9, 2017,
REGARDING THE ‘Ō‘ŌKALA DAIRY
From Council Chairwoman Valerie T. Poindexter, dated May 12,
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Hawaiʻi County Council-15 June 7, 2017
Motion to Close File: Mr. Richards moved to close file on Comm. 73.4. Seconded
by Ms. David.
CHR. POINDEXTER: Before I ask—Council Member Richards, I just want to
say regarding the Big Island Dairy and I should have caught that. It’s not the
‘Ō‘ōkala Dairy, it’s Big Island Dairy. Council Member Richards.
MR. RICHARDS: Thank you, Chair. This is just to be in compliance and be as
transparent as possible. Three of us were attending this community meeting and it
was an informational meeting, but this is to file the appropriate paperwork. I ask
for your support.
CHR. POINDEXTER: Thank you, any other discussion? Seeing or hearing
none, all those in favor of filing Communication 73.4, say “aye.”
CHR. POINDEXTER: Okay, we move to Resolution 205-17.
Res. 205-17: ACKNOWLEDGES THAT HAWAIʻI COUNTY AND THE HAWAIʻI
DEPARTMENT OF TRANSPORTATION HAVE HISTORICALLY
DISCRIMINATED AGAINST LOW INCOME AND NATIVE HAWAIIAN
COMMUNITIES OF THE PUNA AND KAŪ DISTRICTS, AS ʻ
ESTABLISHED BY THE OFFICE OF CIVIL RIGHTS’ SEPTEMBER 28, 2000,
RULING, AND PLEDGES THE COUNCIL’S COMMITMENT TO
ADDRESSING DISPARITY AND PREVENTING DISCRIMINATION
AGAINST DISADVANTAGED POPULATIONS
States that limited police services, substandard roads, and a lack of medical
facilities, water, and sanitation in the Puna and Kaū districts have been ʻ
recognized by the Federal government, and commits the Council to addressing
this disparity.
Reference: Comm. 281
Intr. by: Ms. Ruggles
Approve: GREDC- 4 (Due to a vote of 1-aye, 8-noes)
(Note: Comm. 281.4, from Council Member Ruggles dated June 6, 2017,
transmitting additional exhibits to accompany Res. 205-17, was circulated.)
CHR. POINDEXTER: Okay, if I don’t get a second, then we move—
MS. O’HARA: It will. I’m going to second it.
CHR. POINDEXTER: Okay.
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Hawaiʻi County Council-15 June 7, 2017
Motion to Approve: Ms. Ruggles moved to adopt Res. 205-17 and Governmental Relations and
Economic Development Committee Report No. 4. Seconded by Ms. Eoff.
CHR. POINDEXTER: Council Member Ruggles.
MS. RUGGLES: Thank you for taking the time to hear this matter one more
time. I’m just going to start by saying that those who fail to learn from history are
bound to repeat it. When we call things as they are, we can begin healing. Where
would we be today if we couldn’t acknowledge the historical inequity and
discrimination against women, because it might make some people
uncomfortable? Women fought for nearly a hundred and fifty years against
discrimination and in the twenties we had the right to vote. It is a fact that the
County’s policy of you’re on your own for Puna’s roads, water, economic
development, and medical services is not working. This resolution references a
complaint outlining historical discrimination against Puna and Ka‘ū districts.
And residents are alleging that this discrimination is ongoing. If that is true or
not, as of now we don’t know, but we know it was true in 2000.
I also want to bring up that disparity and discrimination are two separate things.
So as of now, what we’re talking about is potential disparity. Today we have the
opportunity to help mitigate future allegations of discrimination and improve the
quality of life for all our island’s disadvantaged populations by committing to
addressing any current disparity. Once we make this commitment to addressing
any current disparity, we are setting an example for administrators to pay more
attention to providing services equitably, especially for the disadvantaged
populations around our Island. And not just Puna, but for the other rural areas
because it’s not just us here that are making the decisions on how priorities are set
and which projects get done, it’s the administrators within the departments and
it’s also the State administrators. So I ask for the acknowledgment of the facts, I
ask for acknowledgment of this factual resolution, which only contains facts.
What I have done already is put in $17,000 from my own contingency funds into
Department of Public Works to assist with streetlights. I put in 12 million in CIP
(Capital Improvement Projects) request for roads, 600 thousand for water, and
this is only a drop in the bucket for what Puna needs.
This is just a request and the Council cannot ensure appropriation of these
requests. But these are addressing needs that are severely needed and have been
severely needed since the subdivisions were created in 1958. Again, only the
administration can make it happen. So by passing this resolution, we are saying
that we are setting an example for moving forward and committing to addressing
any disparity and asking the administration to pay more attention to these
disadvantaged populations around our island. Thank you.
CHR. POINDEXTER: Thank you, Council Member Richards has his light on
first. Oh, okay, Council Member O’Hara.
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Hawaiʻi County Council-15 June 7, 2017
MS. O’HARA: Thank you, and thank you, Ms. Ruggles, for that background.
We debated this for about two hours. Unfortunately, the public doesn’t really
always listen to the debate and they only see what action was taken. And in that
debate, it became very clear to me that I think every person on Council recognizes
that there is a disparity with Puna and Ka‘ū. Both sites—districts contain these
massive under served, under developed subdivisions and there is no place else in
the State where this was done to this degree. And it was done a long time ago by
nobody sitting here on this Council, none of us were responsible, but we all
recognize that it was wrong, it was wrong when it was done and it’s still wrong.
How do you correct this? By exactly the kind of actions that you just named,
Ms. Ruggles, putting in the CIP (Capital Improvement Projects), and those other
funds, and it is a drop in the bucket as to what Puna needs.
But as far as the legalities of this Civil Rights complaint; I’m sorry that I spoke
with Virginia Aste, who was here earlier to testify on a couple of other measures.
Virginia was intimately involved in the development of this in that she was the
facilitator at 35 public meetings that led to this complaint, but she couldn’t stay,
she has some health issues. And her reaction was; she just feels that this measure
is too big of a pill for the Council to swallow. We had considerable debate on it
earlier. A lot of it has to do with the language. We listened to—I listened to
anyway, I listened to fellow Council Members express their concerns about
specific language in this resolution. That they were hoping might be changed
when it came back to Council, but there have been no changes made. That’s a
little disturbing to me, too, because I agree with many of the comments that were
made by my Council Members, it tends to have language that creates divisiveness
and we don’t want to be divided. We all recognize that there is disparities and
that the Puna district is suffering. So, I want to ask if Mr. Kamelamela might
come up. He gave his legal opinion as to the status on this particular complaint. I
will let Joe speak from there. But pretty much—the recommendations they were
requested by the federal agencies, at least Joe seemed to indicate, I’m sorry,
Mr. Kamelamela seemed to indicate where follow through on. So I will let you
answer that.
(Note: At this time, Corporation Counsel Joseph Kamelamela came
forward to address the members of the Council.)
MR. KAMELAMELA: Good morning, Chair, and County Council. My name is
Joseph Kamelamela of Corporation Counsel. I am going to would say yes, after
the recommendations were made by the Federal Highways Division, I know for
the fact that the State Highways had complied with what they wanted. And more
specifically, the Federal Highways, you know, wanted to ensure that the Title 6
Implementation Plan was made. And then I know that it has been and I have also
seen the updates. There were two that I looked at, one in 2015, and another one in
2016. And, actually, what the State Highway’s Division—they went beyond what
was asked by the Federal agency here.
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Hawaiʻi County Council-15 June 7, 2017
MS. O’HARA: Alright, thank you. To me, this comes down to a lack of political
will to address the problems that were created when they did the substandard
subdivisions in Puna and Ka‘ū. We also have similar problems in our other rural
districts, so I’m not going to differentiate all the other rural districts. But, are
there other actions taken, by say, the other Counties within the State of Hawai‘i to
find some way to rectify the problems, such as having large road miles of private
roads that are open to the public and that maintenance, thereof, falling solely upon
the shoulders of say homeowners. Is there any action in the other Counties to find
some relief in terms of being able to expend public dollars on roadways that are
open to the public, yet by definition are considered private?
MR. KAMELAMELA: Well I know that both Honolulu and on Kauai County,
they had created the ordinances dealing with the maintenance of private
roadways, and actually it was Honolulu who had passed something in it. But
there’s a whole bunch of criteria that they look at because we all know that
generally public funds are not to be used for private roadways, but if they fall in a
certain specific matter in the Honolulu statute, then I know that general funds can
be used. I know that for a fact because I know that Honolulu had passed it, but
they have an ordinance. As a result of that, Kauai had passed a similar ordinance.
In that situation, too, similar criteria and if all the criteria is met then general
funds are used for that.
MS. O’HARA: So, we’re trying to find some way to get around some of the
restrictions, much of which actually resides in State law and we have no power as
a Council to override State law. We had that discussion yesterday in the context
of fuel tax revenues being expended on maintenance of private roads open to the
public. So, it does appear that the other Counties are at least starting to pave the
way for alternative—sorry, no punt intended.
MR. KAMELAMELA: —nut a nice pun?
MS. O’HARA: Yes, a nice pun, so that we might be able to work some solutions
here because we do have a pretty mammoth problem, especially in the Puna and
Ka‘ū area.
MR. KAMELAMELA: Right and then, I also heard some possible ways of
creating different tools because I heard it from Council Member Chung in his
work with Kai Kahele, you know. And then I know a lot of these things do take
time because, you know, people want to make sure that if we do it, there’s
appropriate mechanism to get it done so that we don’t violate the constitution or
statutes that are set out. So, it takes a lot of work.
MS. O’HARA: It sure does. And thank you for that response. It’s good to hear
there are some new approaches and I thank you for that, Mr. Kamelamela.
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CHR. POINDEXTER: Council Member Eoff and then, Council Member Lee Loy.
MS. EOFF: Okay, thank you and thank you, both, for wanting to address what
has become obvious was a Planning error back in the 50’s and 60’s. And is now,
because of the huge population in Puna and other places on our island, but we are
just speaking of Puna because I want to address Jen’s reso. We do need to look at
how we can help. So, I felt bad having to vote no at the last meeting and I agree
with Eileen that if there were some potential word changes; I kind of got some
notes here, I may have been able to yes, vote on this and to support something.
But it would need a title change, I think. I mean, I would put something more
positive that it would say that the Council is pledging our commitment to address
disparity and prevent discrimination against disadvantaged populations.
Something short like that or something. I’m not saying I know the right words,
but something very positive that we can support. Most of your whereas are
factual and they refer back to the complaint, which is true and I can support the
findings. I also want to acknowledge that the State and possibly the County have
come into compliance with some of the recommendations. So that would also be
a positive that we have seen some of the big recommendations being addressed. I
would like to take out a couple of the whereas that focus too much on the
discrimination and the allegations and that kind of thing.
But at the end, the actual “Be it further resolved” is fine with me, that the Council
of the County of Hawai‘i commits to addressing disparity and preventing
discrimination. I mean, I’m fine with that and if that helps, I think the 2000
opinion that you have is actually the tool that you need. I think working forward
from there and doing some of the things that you mentioned you are trying to do,
Eileen will do, other Council Members, and the administration have done and will
continue to do helps bring Puna up to speed. I’ve seen a large park, fire station,
police station; the State is doing some roadway work. None of it are soon
enough, and good enough and, fast enough of course, but everything moves
slowly. But as long as we are moving in the right direction, I think we all want to
acknowledge that that’s something we can support. So I’m not sure how you
want to proceed, but I wouldn’t mind if you wanted to either postpone this reso
and work on it and bring it back with a little bit different focus; I would like to
support it. I don’t know how the other Council Members feel, but I think the
discussion is good, and I think that your attention to your community is
commendable. So, I just don’t want people to get the wrong impression that
somehow—because we got letters from some irate constituents and some of
mainly your constituents that somehow they feel that we don’t get it. But I don’t
want that to be the message because we do get it, we get it that there is a problem.
And we get it that it’s not our fault, exactly, but that it is something that we do
need to be mindful of. So, thank you. Just one more thing, I think, would like to
see if the two of you would get together and maybe work on the language or work
on an idea that the Council could support. I don’t know if Eileen is willing to, but
that would just be a suggestion.
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Hawaiʻi County Council-15 June 7, 2017
CHR. POINDEXTER: Council Member Lee Loy.
MS. LEE LOY: Thank you, Chair. I’m just going to yield.
CHR. POINDEXTER: Council Member Chung.
MR. CHUNG: Thank you. Yeah, I agree, we did get some letters via e-mail and
I’ve also read some letters to the editor. But really it comes down to this. People
believe what they want to believe. Once they are cast into a certain kind of belief
mode, a lot of times they are not going to change. So whether we vote yes or no,
they are still going to think Hilo people are bad, discriminating, whatever,
because I think that’s wrong. I object to the word discrimination in any way,
shape or form as it relates to what’s happening in Puna. With regard to Ms. Eoff,
you are saying change the resolution. If it says that we are against discrimination
in any way, shape or form, count me in. But if it relates to what’s going on in
Puna, I cannot buy in. I cannot continue to have people believe that there is
discrimination going on.
Let’s look in the past now, when all of this started. Some of you have said that
was a wrong decision. It was only wrong in hindsight. At that time, if you recall,
all of these places were—I mean I was only a little boy, you know, at that time.
But there were all outlying areas. I think it was a method of raising revenues for
the County by increasing the tax base, and if you recall way back when, you saw
on the television, they had ponda rosa pines, new Hebrides from all over the
world. That’s what was happening. But, of course, people have been using that
book; land and power of Hawai‘i and of course there may have been some less
than honorable motivations for all of that because people profited from it, no
question. But nobody expected us to be in this position now. That wasn’t the
intent, okay?
Now, when you talk about discrimination, I will say this and maybe for those
people who believe what they want to believe, nothing can change their mind.
But I will tell you right now, I can say it with a clear conscious there is no
discrimination. I stated in the newspaper that Puna is under served. I
acknowledged that. I didn’t say no they are not, it is. We all acknowledge it but
it is a function of the huge growth that happened over there. Plain and simple and
we cannot catch up. We are absolutely unable to do it. The only way you guys
are going to be able to do it is if you stop growth in that area through some
building moratorium or whatever the case maybe. If not, we are always going to
play catch up and I resent the fact that people will suggest that it’s discrimination.
It’s not discrimination. I’m kind of angry about this thing, quite frankly. Leaders,
Mayor Kim, has the most aloha for Puna area, he actually built his reputation in
Puna. He was Mayor during that—from 2000-2008. I don’t think he was
engaged in discrimination. I would be very surprised to hear that. Ms. Ruggles,
with all due respect to you, you use and I’m going to say is this from my
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Hawaiʻi County Council-15 June 7, 2017
perspective, because I believe what I believe too. It’s almost amounts to
demagoguery when you talk about—you equate women’s equality to this issue.
Women’s equality, race equality; those are all self-evident truths. This one, as
Mr. Kamelamela said when he came up, it was addressed. The problems that
were in that Civil Rights discrimination memo, had all been addressed. Let’s bear
in mind, that memo said that those things have to be corrected and I think it was
90 days. It shows you that it’s more administrative. IT was an administrative
matter and it had to do with the way that they were counting the population in
Puna. They didn’t have the rules in place that were in conformity with what was
required by Federal law. If it was something more substantive, they wouldn’t
have said 90 days, they would have said you guys have to correct this and show
us a plan of action, whereby within 20 years, you will get to this point. Not 90
days. I wish those points would be brought up to those people who are criticizing
us. It’s almost like saying that we’re against Puna. No, we’re not against Puna.
We are trying our best to help but we’re really just only playing catch up. It’s
very difficult. So, I vote against this thing. Thank you.
CHR. POINDEXTER: Council Member Lee Loy.
MS. LEE LOY: Thank you, Chair. I really don’t want to go down this road
again. I would like to consider my colleagues. I would like to amend the main
motion with a motion to postpone indefinitely.
CHR. POINDEXTER: Okay, a motion within a motion, so a motion to postpone
is on the floor now, indefinitely. Is there any discussion on the motion to
postpone? Council Member Lee Loy.
Motion to Postpone: Ms. Lee Loy moved to postpone Res. 205-17 indefinitely.
Seconded by Mr. Richards.
MS. LEE LOY: Thank you, Chair. I get the sense everybody is going down a
road that we took three and a half hours the last time to discuss. And I would like
to ask my colleagues to support this motion because the motion to postpone
indefinitely creates the situation where the Council declines to take a position on
the matter before us, with the understanding that it’s badly written. There was an
opportunity to correct that and amend that. I know myself and others asked and
requested in that three and half hour meeting and here we are. Two weeks later
digging bones again. That’s where I stand. I don’t like the message it sends and
if we do it this way, basically, the Council takes no position and we’re done. I
yield.
CHR. POINDEXTER: On the postponement, Council Member David.
MS. DAVID: Thank you, Chair. On the postponement, thank you, Council
Member Lee Loy, because I really feel that a lot of sentiment and a lot of
arguments why this particular piece of legislation is improper at this point,
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Hawaiʻi County Council-15 June 7, 2017
because of its title and substance. And I think, as Mr. Chung said, discrimination
is far reaching, and I don’t want to rehash what we all believe. I feel really bad
that this resolution, although your intent is, I know what your intention is, because
I feel it. You include Ka‘ū, that’s my district, you know? I basically did not
receive any e-mails or calls from constituents in Ka‘ū. Why did you not vote for
this? And I really have to give Mr. Chung credit because when these subdivisions
were created, it didn’t have anything to do with underserved. That was the way it
was back in the 60’s and 70’s. These subdivisions provided a lot of opportunities
for people that could not afford to live in Kailua or in the urban areas. It gave
them an opportunity to own a house, whether it was on catchment, whether it was
I’m going to build my own house, because it was a substandard subdivision. I
don’t agree with that. That will never happen again, but I see that it wasn’t
discrimination. It actually afforded a lot of local people and new comers. Ocean
View, almost the entire subdivision was marketed on the mainland. Mr. Chung is
right. It was—I don’t know what it was. It was a rash of subdivisions,
substandard subdivisions when I just got out of high school, wondered why would
people want to live next to a volcano out in the lava field. They must be crazy.
But it sold like hot cakes because you can get an acre of land for under a t$1,000.
Nos, you can’t find that kind of deals anymore because our standards have risen
so high that we won’t do that anymore. But, I really take offense that now we’re
calling it discrimination. A lot of people I know were very happy to be able to
buy a piece of property. So I’m not going to go there, I’m not going to support
this. I love your idea, Ms. Lee Loy, to postpone this indefinitely because this is
the wrong venue and this is definitely a wrong piece of legislation. I yield.
CHR. POINDEXTER: Okay. So, let’s now stick to the—
MS. DAVID: I’m sorry.
CHR. POINDEXTER: No, that’s okay. Nobody called a point of order, but I just
want to remind us that we are on the motion to postpone indefinitely. So if we
could speak to that motion, I would appreciate it. So to the motion to postpone,
Council Member Ruggles.
MS. RUGGLES: Okay, I’m just to point out though, on the motion to postpone
there were some things that were brought up that were inaccurate that I would like
the opportunity to address.
CHR. POINDEXTER: We cannot at this point because the motion to postpone—
MS. RUGGLES: So it’s okay if Ms. David doesn’t talk about the motion to
postpone, but it’s not okay if I do?
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Hawaiʻi County Council-15 June 7, 2017
CHR. POINDEXTER: Well, you could have called a point of order. Any of you
could have called a point of order on that motion. I’ll give you some leeway but
we cannot keep doing that okay. Go ahead, Ms. Ruggles.
MS. RUGGLES: Thank you. I’m not alleging discrimination now. I never said
that. This is acknowledging discrimination in 2000—year 2000. Whether or not
discrimination happened, it was ruled that discrimination did in fact take place.
As of now you what we are looking at is disparity. Disparity and discrimination
are two separate things. I’m not alleging—right now we are not deciding whether
or not there is discrimination. We are not even deciding if there is disparity. All
we are saying is that we commit to identifying, addressing and preventing any
further disparity, because discrimination is a strong word.
Now to address the postponement, I understand that you want to postpone it
because of the language. I just wanted to point out that in the last Council
meeting when I asked what in specific needed to be changed to make you feel
more comfortable with it, no one had an answer. Nobody told me what needed to
be changed. It’s only now that I’m learning from Ms. Eoff’s suggestions because
I expressed, I’m confused. I don’t know what needs to be changed. I understand
that everybody is uncomfortable, but everything on the resolution is factual.
CHR. POINDEXTER: Okay, so on the postponement, you’re supporting or not
supporting? Well, we’ll take the vote.
MS. RUGGLES: It’s just not fair.
CHR. POINDEXTER: Council Member Richards, on the postponement, please.
MR. RICHARDS: I’m going to support the postponement and I’d like to call for
the question.
CHR. POINDEXTER: Okay, call for the question, no discussion.
Motion to Call for the
Question: Ms. Richards moved to call for the question. Seconded by Mr. Kanuha.
CHR. POINDEXTER: Mr. Clerk, roll call please.
MR. MAEDA: On the call for the question for Resolution 205, oh, excuse me,
call for the question in regards to the postponement of Resolution 205.
CHR. POINDEXTER: Its call for the question, we have to vote on the motion for
the call for the question. So, this is voting on whether we agree for the call for the
question. If we vote it up, that means we go straight to vote on the motion to
postpone. If we vote it down, that means we are still going to be on the motion to
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Hawaiʻi County Council-15 June 7, 2017
postponement, okay. Everybody understand that? Clarification, Council Member
Eoff?
MS. EOFF: Then would Ms. O’Hara have a chance to speak again on the main
motion after that or no?
CHR. POINDEXTER: If the call for the question is voted down—that motion,
we bring it back to the motion to postpone and Council Member O’Hara will get
to speak on the motion to postpone. If we voted it through, there is no other
discussion. We go straight to the vote for the motion to postpone indefinitely.
Understood? Okay, roll call please.
Vote on Motion to Call: The motion to call for the question was carried by the following
for the Question: roll call vote:
(Failed)
Ayes: Council Members Kanuha, Lee Loy, and
Richards – 3.
Noes: Council Members Chung, David, Eoff,
O’Hara, Ruggles, and Chair Poindexter – 6.
Absent: None.
Excused: None.
CHR. POINDEXTER: Back to the motion to postpone indefinitely. So, let’s try
to stick to why we are supporting the motion or not supporting the motion to
postpone. Council Member O’Hara.
MS. O’HARA: Thank you, Chair, I really appreciate it. I’m just going to say I
got beat to the punch because I had intended to make a motion and I’ve been
waiting to do so. It wasn’t the exact same motion. I would postpone it and offer
to work with Ms. Ruggles to come up with a draft of a replacement resolution that
is positive in its language. One of the things that concern me, Ms. Ruggles, about
the way it’s written, is that you have combined. While you say it’s factual, the
word discrimination was not used in the determination of what the
recommendations were—what was basically awarded as a result of this
complaint. The word discrimination occurs only in the complainant’s allegations
and it doesn’t strike me as appropriate to put that into this document. What we
want in this document is the recommendations, what were the findings, and not
stating the complaint itself. That would make it a different document, so that’s
what I was thinking to do. I was going to move to postpone and offer to work
with Ms. Ruggles on a replacement resolution for this, but it kind of got
preempted by that. So, that’s fine.
CHR. POINDEXTER: So let me ask this then, because it’s a motion to postpone
indefinitely. I don’t know if Council Member Sue Lee Loy would entertain the
idea of a motion to postpone to the call of the chair?
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Hawaiʻi County Council-15 June 7, 2017
MS. O’HARA: You can ask?
MS. LEE LOY: My position on the motion to postpone indefinitely is because
we have gone in circles on this long enough. And this postponement, the benefit
to that is that Council takes no position in any of this. The Committee that was
formed during that resolution, they have another venue. If we take a position on
any of this, my concern is we get sucked in just like Mr. Chung mentioned at the
other meeting. It’s like you would use it against us. So I am in favor of a motion
to postpone indefinitely because I think it keeps us in a neutral position. And
that’s where I want to be. Thank you.
CHR. POINDEXTER: Okay, so, on the motion to postpone. When we’re
speaking on the motion to postpone, please speak on why you would want to
support the motion to postpone or not or if you have questions about the motion to
postpone. So let’s not get back into what the resolution is, okay. Say why we’re
not going to postpone or should we postpone. Council Member David.
MS. DAVID: I promise. On the motion to postpone indefinitely, okay. I
think I’m going to support that. Not only will it allow Ms. O’Hara and
Ms. Ruggles to come together and collaborate and figure out how to revive this,
but postponing it indefinitely will allow you to do that. So I wouldn’t entertain
another motion, except what Ms. Lee Loy has brought forward, so. Thank you.
CHR. POINDEXTER: It just probably couldn’t be brought back in the same part
but will be brought back differently. On the motion postpone, I’m going to give it
to Council Member Chung and then I will come back to you to close out on the
motion to postpone.
MR. CHUNG: My vote is really going to depend on what Ms. Ruggles vote is on
this motion to postpone because this is, after all, her resolution. I know there has
been talk about it being improperly worded, but she seems to disagree. And as
much as I resent the language of this resolution, I also think it’s equally
disingenuous to her to postpone this unless she wants it postponed for the sake of
working with Ms. O’Hara or whoever else she’s willing to work with. Because
just as much as she is not able to see what our perspective is, I think, I’m not able
to see what her perspective is and her ability to see how these words
“discrimination” and the word Puna” and all these other thinks kind of mill
together to create a very negative resolution. That is only my thought. Now, this
may be out of order Madam Chairman, but I’m just wondering what Mayor Kim
is here for? Not for this? Okay, alright. Thank you. Should we hear his
opinion? It would be very interesting.
CHR. POINDEXTER: I want to ask the Council, are you guys okay if I bring up
Mayor Kim to get his opinion? I mean because we keep on—remember we are in
the motion to postpone right now. The discussion should be on the postponement.
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Hawaiʻi County Council-15 June 7, 2017
You know what I mean? At this point, if we have any questions, I think we can
address it with him at a later time.
MR. CHUNG: Okay, that’s fine.
CHR. POINDEXTER: Okay, so, I apologize, but we are on the motion to
postpone. So, Council Member Ruggles, on the motion to postpone.
MS. RUGGLES: Thank you. First off I want to say I appreciate the opportunity
that you guys are willing to reconsider this, if there are language changes. I just
need to know what in specific you are comfortable with so that I know that if I do
postpone this, the original intent can still be accomplished when it is brought back
to the table.
CHR. POINDEXTER: Okay, so can I just offer this suggestion? Go back and
look at the previous meeting that we had for three hours because there were
statements like spring boarding off of native Hawaiians. So you know that you
want to make sure to take those changes. So when you said that you didn’t have
specific facts for changes, if you go back and look at the three-hour video to help
you. You will see that even I spoke of what part I didn’t agree on that I couldn’t
support. So you’ll get that. You’ll hear that in that three hours. So with that, I
think, with sitting with Council Member O’Hara and yourself, you guys can
figure out what we talked about in that last three hours that we didn’t agree with
because it was in there. Sometimes we miss things because we’re caught up in
some other moments. So I would suggest doing that, because right now we’re in
the motion to postpone. So, we’re not going to be discussing what are the things
that you need to change in there—
MS. RUGGLES: But that would be the reason we postpone it.
CHR. POINDEXTER: No, okay, so that would be the reason you are not
supporting the motion to postpone right now, right, is that what you’re saying?
MS. RUGGLES: Well, I’m just unsure if I should or not because, for example,
the spring boarding off of native Hawaiians comment that was a perception. That
wasn’t actually what this resolution does?
CHR. POINDEXTER: Okay, but that’s everybody’s opinion. So right now we
are on the motion to postponement.
MS. RUGGLES: That’s really offensive.
CHR. POINDEXTER: No, what I’m gathering, though, right now from your
statement is that you will not support the motion to postpone indefinitely because
you don’t feel comfortable. You don’t have enough facts or what the Council
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Hawaiʻi County Council-15 June 7, 2017
wants to change, is that what you’re saying? Because I just need to know on the
motion to postpone; your discussion on the motion to postpone indefinitely is?
There is a motion right now that we have got to start voting on to postpone
whether or not. So, you can have a discussion on whether or not you are going to
vote yes or no and why?
MS. RUGGLES: I have a question. If I postpone this, what is the timeline for
when it can be brought back?
CHR. POINDEXTER: You can bring up any type of legislation back that is not
the same type of legislation.
MS. RUGGLES: So it would have to be completely different?
CHR. POINDEXTER: Where is Jon? Is our Deputy Clerk here—or the title
change, correct, Mr. Clerk?
MR. MAEDA: Well, she can bring it back at any time, basically the same form
as long as the title is different. It’s going to be a different resolution, but it can
have the same types of elements in it.
MS. RUGGLES: If we were to remove the first half of the title and include the
last sentence. So, what Ms. Eoff said?
CHR. POINDEXTER: We cannot create the legislation right now. We cannot
talk about future legislation. So right now, we cannot discuss what you are going
to be submitting. That can be between you and Council Member O’Hara if you’re
going to work with her on it, but we cannot discuss future legislation.
MS. RUGGLES: Okay, but if I am I postponing, am I postponing the same piece
of legislation or am I just going to introduce a whole new piece?
CHR. POINDEXTER: Either way, but you’re not coming back—either way, if
you are postponing it, you can bring this back. You have different options. You
can bring this back kind of similar or you can work with it and it can be a totally
renewed different title, new resolution number with some of the same topics in it
or whatever.
MS. RUGGLES: But do I have to change it substantially?
CHR. POINDEXTER: No. It doesn’t matter because it’s a postponement. So, it
doesn’t have to be substantial changes or it can be substantial changes. So either
or. Okay, Deputy, I mean, Mr. Clerk, do you have an opinion or?
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Hawaiʻi County Council-15 June 7, 2017
MR. MAEDA: No, I don’t. I think it would be best if Ms. Ruggles wanted to
postpone and wanted to reintroduce something, that she work on that outside of
our meeting.
CHR. POINDEXTER: Right. Yes, I know, we cannot discuss future legislation.
So it would be up to you, if you want to vote on the motion to postpone and you
would know what the consequences to that will be. Okay, so I don’t know who
had their light on first. Mr. Richards or Council Member Chung? Council
Member Richards, on the postponement.
MR. RICHARDS: Thank you, Chair, on the postponement. I think Councilman
Chung was very articulate. I will be supporting the postponement.
CHR. POINDEXTER: Thank you. Council Member Chung.
MR. CHUNG: I’m kind of confused on Mr. Richard’s reference to my statement
because I just said whatever she does, I’m going to do. I probably have to vote
kanalua because I still don’t know what she’s going to do. I know this is out of
order, Madam Chairman, but just to stream line this situation, I will say this, I
think Ms. Ruggles should take out any reference to that old civil rights
discrimination memo. Just take it out and just say that you recognize—everyone
here recognizes that Puna is under served. Just state that and say why.
CHR. POINDEXTER: I don’t want to get into everybody giving theirs, but thank
you.
MR. CHUNG: She still hasn’t indicated what she’s going to do that’s why.
CHR. POINDEXTER: Thank you. I know, right. Like I said, go back and look
at the previous meeting. It will definitely talk about what everybody was
uncomfortable with. I think everybody had stated their uncomfortable feelings
about certain portions. So I would encourage you if you could do that. That
would be helpful. Sometimes I go back and look at previous meetings so that
when something is coming up for second reading to see if I missed something,
because a lot of times my mind is focusing on other things being said. Okay, so,
on the motion to postpone indefinitely, Mr. Clerk, roll call, please?
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Hawaiʻi County Council-15 June 7, 2017
Vote on Motion to The motion to postpone Res. 205-17 was carried by the following
Postpone: roll call vote:
(Approved)
Ayes: Council Members David, Eoff, Kanuha, Lee Loy,
O’Hara, Richards, and Chair Poindexter – 7.
Noes: Council Members Chung and Ruggles – 2.
Absent: None.
Excused: None.
(For informational purposes, Mr. Chung voted “kānalua” then “no.”)
(For informational purposes, Ms. O’Hara and Ms. Poindexter voted “kānalua”
then “aye.”)
CHR. POINDEXTER: Okay, this is postponed indefinitely. And just for the
public to know that the recapping on the discussion, this gives an opportunity for
the two Puna Council Members to work together and come back with something
to offer. I think that is a good thing as well. I think with this, we’ll take a ten
minute recess.
Recess: At 12:35 p.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 12:45 p.m.
CHR. POINDEXTER: I’m calling this meeting back to order and at this time, out
of respect for Mayor Kim; he has asked to address the Council. So I’m going to
allow our Mayor to come up and address us, if you could. Thank you, Mayor Kim.
(Note: At this time, Mayor Kim came forward to address the members of
the Council
MAYOR KIM: Thank you, Madam Chairman. This is, obviously, just Harry
Kim speaking as the Mayor. When you were in recess, I talked with several
people because I had a very strong hunch that what I was feeling when you were
discussing this issue was thought by everyone and that is of the word
“discrimination”. I’m talking to you now, Ms. Ruggles, as Harry Kim. All of us,
who were born and raised here, have been here a long time as being discriminated
against. That is a very strong ugly word for us personally. I think Mr. Chung was
getting to that. Once we get to talk like that, it’s hard to change people’s mind
that we discriminated.
As the Mayor, I know we did everything we can and so did other Mayor’s in
regards to try to distribute funds as best as we can, equally. I’m proud of the
water stations around Puna and throughout the island for people who don’t have
water. I’m proud of that one subdivision I live in and vacation land that we pay
for all of our roads, the water, and everything else. But back to the word
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Hawaiʻi County Council-15 June 7, 2017
discrimination; it is very personal, it is almost ugly. I have a dream of Mauna
Kea, that it will be a beacon of hope for the world against discrimination of any
kind, especially, that causes war.
The shortage of resources for Puna has nothing to do with that ugly word of
discrimination, especially for Hawai‘i. I brag about my one and only
granddaughter, who is Scottish, Irish, and English, of Korean, of Portuguese, of
Filipino, and Hawaiian. She goes to Kamehameha School as a first grader. I am
proud of our heritage of the word cosmopolitan, as Mr. Kanuha knows and
Poindexter knows, and Chung knows, Ms. Lee Loy. We grew up with that word
of people that are mixed. I’m proud that this island; this State, was the only place
in the world that had the word describing us, which means people that belong to
the world.
And I will go with what Mr. Chung said, to insinuate in any way which you did
not, but in anyway because of the word that we discriminated is too ugly a word
for to accept. None of it in dispute of Puna, Ka‘ū, I’m surprised Mr. Kanuha
doesn’t say Miloli‘i, that they are so short changed, also, of water and of
everything else. This is what I’m asking you, Ms. Ruggles, on the stand of the
opposition of the word discrimination. Yes, Puna is the fastest growing district in
the State. Yes, Puna has over 70 percent of low income, according to federal
standards, but so does Ka‘ū of over 90 percent. None of it is because of the ugly
word of discrimination. Thank you for this time.
CHR. POINDEXTER: Thank you, Mayor Kim. We are now, back to the top of
the agenda. I was asked for two items to take out of order, Resolution 211, oh
211 is next. So 211-17, Mr. Clerk.
Return to Order The Chair directed the Council to return to the order of business.
of Business:
Res. 211-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO
ORCHIDLAND NEIGHBORS IN SUPPORT OF A COMMUNITY CENTER
IN ORCHIDLAND
Transfers $3,500 from the Clerk-Council Services – Contingency Relief
account (Council District 5); and credits to the Office of Housing and
Community Development, Transfer to Housing Fund account.
Reference: Comm. 292
Intr. by: Ms. Ruggles
Motion to Approve: Ms. Ruggles moved to adopt Res. 211-17. Seconded by Ms. Lee Loy.
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Hawaiʻi County Council-15 June 7, 2017
CHR. POINDEXTER: Council Member Ruggles
MS. RUGGLES: Thank you. We heard from a few people in Orchidland this
morning and they described what these funds will be used for. Currently,
Orchidland has no Community Center and this would be very helpful in helping
cultivate community and also provide them support for when disasters happen, so
that they have a place to convene, and store emergency equipment, and also a
place to just come and meet and cultivate community and have farmers markets
and things like that. So, I appreciate your support, thank you
CHR. POINDEXTER: Thank you, any other discussion? Seeing or hearing
none, all those in favor say, “aye.”
Vote on Res. 211-17: The motion to adopt Res. 211-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards, Ruggles,
and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: Now, out of order, Bill 42.
Change Order As directed by the Chair and with no objection from the Council Members,
of Business: the following items were taken out of order:
Bill 42: AMENDS ORDINANCE NO. 16-72, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2017
Increases revenues in the Transfer from General Fund account ($3,000); and
appropriates the same to the Malama O Puna (Bus stops – District 5) account.
Funds would be used to build bus stops for the Fern Acres Subdivision.
Reference: Comm. 309
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to pass Bill 41 on first reading. Seconded by
Mr. Richards.
CHR. POINDEXTER: Council Member David.
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Hawaiʻi County Council-15 June 7, 2017
MS. DAVID: Yes, thank you. This was a waiver request to appropriate the 3,000
dollars and I believe—is this the same one we’re—that’s not the companion,
right? Okay, no, the companion is for Resolution 216 and this is not it, so. We
have housing. It’s a concurrent reso with Resolution 216, right? So, we have
Koloa Robinson, would you come forward please?
CHR. POINDEXTER: You know what, we’re on Bill 42. We should have read
in—is that okay to do that backwards? Okay.
MS. DAVID: Yes, we’re taking Bill 42, but the companion reso 216—we’re
going to take that too. So, could you just briefly explain the funding request?
(Note: At this time, Koloa Robinson of the Office of Housing and
Development Community Development came forward to address the
members of the Council.)
MR. ROBINSON: Aloha mai kākou, Council Members. My name is Koloa
Robinson, with the Hawai‘i County Office of Housing Community Development.
We are involved in helping to transfer the funds from Council woman Ruggles
contingency monies to Malama O Puna, to establish three bus stops in the Fern
Acres Subdivision. It will be administered and constructed via the Fern Acres
Community Association.
MS. DAVID: Thank you very much. I yield.
CHR. POINDEXTER: Okay, thank you. Council Member O’Hara.
MS. O’HARA: I’m just a little confused. Normally in our contingency funds we
don’t have to transfer it by ordinance, so is there a reason it has to be done this
way? I’m just confused.
CHR. POINDEXTER: Yeah, Deanna?
(Note: At this time, Finance Deputy Director Deanna Sako came forward
to address the members of the Council.)
MS. SAKO: I was going to grab it, but, Deanna Sako, Deputy Director of
Finance. I think in this case, we’re going to Capital Project funds or a separate
fund, which is why we needed an ordinance. So, we were creating the
appropriation. I was going to go grab the bill, but, yeah.
CHR. POINDEXTER: Okay, thank you. Any other questions? Council Member
Ruggles, do you want to wait for the resolution 216 of your donation or do you
want to speak on this bill?
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Hawaiʻi County Council-15 June 7, 2017
MS. RUGGLES: I just want to say, I appreciate Ms. David for introducing this. I
also want to appreciate you, too, Mr. Robinson. It’s just going to make a big
difference for a lot of kids and people who live in Fern Acres.
CHR. POINDEXTER: Okay, thank you. Council Member O’Hara.
MS. O’HARA: Okay, I remain confused because the other contingency fund
request for Orchidland, wasn’t that a capital improvement too? That didn’t
require a bill?
CHR. POINDEXTER: Okay, so, I think we’re waiting for Deanna to come up.
(Note: At this time, Finance Deputy Director Deanna Sako came forward
to address the members of the Council.)
MS. SAKO: Deanna Sako, Deputy Director of Finance. I believe the resolution
is transferring to Housing fund. Then within Housing fund, they needed to create
an account to actually spend it out of. That’s what this ordinance is for.
CHR. POINDEXTER: Okay, thank you very much for the clarification. Any
other discussion? Council Member Kanuha.
MR. KANUHA: So, this is for bus stops, right? How come it went through
Housing instead of Mass Transit?
MS. RUGGLES: I can answer that. It’s because Mass Transit wouldn’t accept it
because their books were closed by the time we were able to process it.
CHR. POINDEXTER: Okay, does that answer your question, Council Member
Kanuha? Yeah. Okay, any other discussion? Seeing or hearing none, all those in
favor say “aye.”
Vote on Bill 42: The motion to pass Bill 42 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards, Ruggles,
and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: Bill 42 passes. It was Resolution 216-17 that should have
been read in. So, can we read in 216-17?
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Hawaiʻi County Council-15 June 7, 2017
Res. 216-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MALAMA
O PUNA TO ASSIST WITH EXPENSES RELATED TO THE
CONSTRUCTION OF UP TO THREE BUS STOP SHELTERS IN FERN
ACRES
Transfers $3,000 from the Clerk-Council Services – Contingency Relief account
(Council District 5); and credits to the Office of Housing and Community
Development, Transfer to Housing Fund account.
Reference: Comm. 297
Intr. by: Ms. Ruggles
Motion to Approve: Ms. Ruggles moved to adopt Res. 216-17. Seconded by Ms. David.
CHR. POINDEXTER: Council Member Ruggles.
MS. RUGGLES: We just discussed this. So, I ask for your support and also
really thank you for doing this at the last minute.
CHR. POINDEXTER: Thank you, any other discussion? Seeing or hearing
none, all those in favor say, “aye.”
Vote on Res. 216-17: The motion to adopt Res. 216-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards, Ruggles,
and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: Mr. Clerk, Resolution 212-17.
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Hawaiʻi County Council-15 June 7, 2017
Return to Order The Chair directed the Council to return to the order of business.
of Business:
Res. 212-17: AUTHORIZES AN INCREASE OF THE COUNTY OF HAWAI‘I FUEL TAX
Increases the fuel tax, currently at 8.8 cents per gallon, incrementally starting
from July 1, 2017, as follows: a) Fiscal Year 2017-2018, 10.2 cents per gallon,
bringing it to 19 cents per gallon; b) Fiscal Year 2018-2019, 2 cents per gallon,
bringing it to 21 cents per gallon; and c) Fiscal Year 2019-2020, 2 cents per
gallon, bringing it to 23 cents per gallon.
Reference: Comm. 290
Intr. by: Ms. David (B/R)
Waived: FC
Public Hearing: May 31,2017
(Note: Comm. 290.1, from Council Member David dated June 2, 2017,
Comm. 290.2, from Council Member O’Hara dated June 6, 2017, and
Comm. 290.3, from Council Member O’Hara dated June 7, 2017,
transmitting proposed amendments to Res. 212-17, was circulated.)
Motion to Approve: Ms. David moved to adopt Res. 212-17. Seconded by Mr. Kanuha.
CHR. POINDEXTER: Council Member David.
MS. DAVID: Thank you, Chair. This one—the public hearing was already held.
What I’d like to do, if I can right now, is to move to amend Resolution 212-17
with the contents of Communication 290.1, which is proposed amendments.
Motion to Amend: Ms. David moved to amend Res. 212-17 with the contents of
Comm. 290.1. Seconded by Mr. Kanuha.
CHR. POINDEXTER: Council Member David.
MS. DAVID: Clerk, I notice that there’s a Communication 290.2 also. How do
we deal with this? Do I discuss this one first?
CHR. POINDEXTER: That communication right now is on the floor, so we’re
discussing that communication.
MR. HENRICKS: Well, they are distinct. Your motion is on the floor for yours.
So proceed with how you’d like to proceed, if there weren’t another one, perhaps
would be best, for now.
MS. DAVID: Alright. I just needed that clarification. So, in this is a very simple
amendment based on comments that I have been getting about the tax hike of 10.2
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Hawaiʻi County Council-15 June 7, 2017
cents was pretty steep. I felt that maybe—I know that we might have to increase
the fuel taxes because it hasn’t been done since 1988 or whenever. That going up
10.2 cents was pretty steep. So, this resolution, basically, cuts that increase for
this fiscal year to five and two cents—to 10 cents and maintains the subsequent
years at what was being proposed at increases for the subsequent years. So, the
only change, basically, was decreasing the first hike half. I just ask for your
support, mahalo.
CHR. POINDEXTER: Any other discussion on Communication 290.1? Council
Member O’Hara?
MS. O’HARA: I guess I’m a little shocked But, I had make a request to the
Mayor’s office last week that we be given some specific detailed information on
what they propose to expend the additional monies on. Deanna is nodding her
head yes, so I’m assuming somebody has something back there. So whoever it is,
stand up; come forward; please to present it to us because we can’t make
decisions without information.
(Note: At this time, Finance Deputy Director Deanna Sako came forward
to address the members of the Council.)
MS. SAKO: Deanna Sako, Deputy Director of Finance. Public Works has
prepared a power point presentation to show where the money would go and why
we are kind of in the situation we are in.
Point of Order: MR. KANUHA: Point of Order.
CHR. POINDEXTER: Council Member Kanuha?
MR. KANUHA: Is the presentation and where the money is going to go based off
of the amendment that is being proposed?
CHR. POINDEXTER: Okay, so Council—I mean, Deanna Sako, is the
presentation based off of the communication, because what’s on the floor now is
Communication 290.1?
MS. SAKO: Yes, I was just answering Ms. O’Hara’s question and yes, it was
based on the original communication at the 19 cents. So, you guys figure out how
that—
CHR. POINDEXTER: Yes, right now we are on 290.1. So until we bring it back
to the motion or can I give leeway, Mr. Clerk, to go ahead and allow them to do
the presentation even if it’s not on just this communication, because we are on the
amendment right now of 290.1?
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Hawaiʻi County Council-15 June 7, 2017
MR. HENRICKS: Understood. You can provide as much leeway as you feel is
appropriate and beneficial, provided none of your Council Members object to
your leeway.
CHR. POINDEXTER: Okay, because, I think, hearing this may help us decide
whether or not we want to stick with the original or do the communication.
Council Member David.
MS. DAVID: Yes, just a question to our clerk. I did not know that they were
going to do a presentation on the original amount. Had I known that, I wouldn’t
have made the motion to amend until after we hear from you. So at this point,
could I just withdraw my motion to amend?
MR. HENRICKS: You can and then it will still be available at another time.
MS. DAVID: Thank you very much. I’ll withdraw.
Withdraw Motion Ms. David withdrew her motion to amend Resolution 212-17 with the contents
to Amend: of Comm. 290.1.
CHR. POINDEXTER: Okay, we’re back to the main motion on Resolution 212-17.
MR. HENRICKS: Madam Chair, may we have a brief recess so that we may
bring up the power point presentation? Five minutes? Ten minutes?
CHR. POINDEXTER: Okay, we’re going to take a five-minute recess.
Recess: At 1:04 p.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 1:14 p.m.
CHR. POINDEXTER: Okay, we are on Resolution 212-17 and we have a
presentation from DPW (Department of Public Works) and Finance. So, you can
identify yourself for the record and then begin.
(Note: At this time, Public Works Director Frank DeMarco came forward
to address the members of the Council.)
MR. DEMARCO: Thank you, Madam Chair. Frank DeMarco, Director of
Department of Public Works. I’d like to begin our presentation on fuel tax funds
by discussing the departments and divisions that utilize these funds. So,
beginning with the Highway Maintenance Division, we have our Division Chief,
Neil Azevedo in the audience to help answer any questions, a little later in the
presentation. So, for Highway Maintenance Division, their function is obviously
repair and maintenance. They have over 970 miles of road that they maintain on
this island. Some of the maintenance they do, obviously, is pot holes and a lot of
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Hawaiʻi County Council-15 June 7, 2017
resurfacing work that they’ve been doing. I’m sure you have all observed that.
Sidewalks; both construction repair, guardrails, grass cutting, tree trimming. Over
2,100 dry wells and coverts that they maintain over the island. I know there’s
certain Council Members that don’t like the term roads in limbo. So, these were
roads that were legislated to the County by the State. Eileen is shaking her head,
formally known as or currently known as roads I limbo or—roads. We have flood
control channels; we have 52 locations throughout the island that Highway
Maintenance Division is responsible for maintaining. 128 bridges that they help
maintain. I also do training for heavy equipment for safety purposes, and, of
course, emergency response when we have natural disasters. These are the folks
that keep us safe and out of harm’s way, along with the Police Department and so
forth.
Traffic Division, we have Aaron Takaba here in the audience that can help answer
your questions a little later on in the presentation. So, for Traffic Division, these
folks do installation, operations of maintenance of all the street lights on the
island, traffic signals, traffic signs, markings, and other traffic control devices. As
well as pumping us with traffic safety and education in our schools. Also, mass
transportation, so we have representatives from there; Kurt and Tiffany, are here.
They also utilize fuel tax. In this case, I didn’t realize how many miles of bus
routes they serve each day; 1,200 miles of bus routes. So there are 45 bus stops,
which includes 24 shelters and they have 23 buses, vans, coaches and back up
units, plus a new maintenance facility that will be opening up here soon at the
Hilo Landfill, out in that location. So that’s my overview and I’d like to pass this
to Aaron and Deanna to continue with this presentation. Thank you.
CHR. POINDEXTER: Thank you. Okay, you can state your name for the record
and then proceed.
(Note: At this time, Public Works Business Manager Aaron Brown came
forward to address the members of the Council.)
MR. BROWN: Aloha. My name is Aaron Brown, Business Manager for Public
Works. Thank you for giving us the time today to kind of speak to this Highway
fund overview and Fuel Tax increase proposal. We put together a short
presentation that kind of gives a little bit more history, sets the frame work for
what the Highway fund is, the revenue sources, how we got to where we are
today, and kind of paint the picture of the situation that we’re in right now.
So as Frank started to explain, here are the services we provide and I think I want
to highlight, I’m not going to read off everything that Frank said, but I really want
to highlight that the Highway fund is more than just roads. When people hear
about highways, they think just about roads and our maintenance, but we do a lot
more than that. A lot of things that we do that won’t show on paper as being how
many miles of paved road we have done or resurface road.
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Hawaiʻi County Council-15 June 7, 2017
Our emergency responders are very important and as we get into hurricane
season, this is going to be something we need to consider and look at. They are
expecting it’s going to be an active season, which I hope they are wrong about,
but that’s something we need to be ready for. We do a lot of drainage stuff, so if
we’re putting in a new covert system, you know, that’s something that takes a lot
of time and resources and that is time that we’re not exactly paving or re-paving
roads. So, I think we can’t get hung up just on the paving roads. It’s a lot more
than that.
Mass Transit is a big part of Highway fund. Also our Traffic Division; they’re
doing a lot of cool stuff there as you guys have kind of seen with the LED (light-
emitting diode) conversions. That was a big initiative that we’ve kind of done
and that’s been great. It’s been one of the ways that we’ve been able to look at
alternative ways for revenue reducing expenses and getting alternative revenue.
So, the Traffic Division is in a unique position where they can go after some of
the grants and stuff. So, we’ll kind of talk a little bit about that.
(Note: At this time, Public Works Business Manager Aaron Brown came
forward and gave a PowerPoint presentation to the members of the
Council. For viewing of the subject presentation, see the DVD copy of the
meeting proceedings on file in the Clerk’s Office.)
CHR. POINDEXTER: Okay, thank you. Council Member O’Hara, you had the
floor when we first started. You had a question with the Mayor’s Office or
something, so I will give you the floor.
MS. O’HARA: No, I had asked for the presentation and I’m really glad you had
brought this forward. It helps to look at the historic and I have a couple of
questions. When you talk about the cut in the utility franchises, is this something
that’s going to continue to be reduced as we move forward?
MS. SAKO: This crystal ball is fuzzy still, but it’s hard because it’s based on two
utilities revenue. So, it’s HELCO (Hawaiian Electric Light Company) and The
Gas Company that pays this to us. So, when the fuel prices were higher, their
revenue was higher and they paid us more franchise tax. Now that the cost of oil
has gone down and that consumption charge on people’s utility bills are down;
they are paying us less. So, we have seen that $3 million decrease and as more
people get solar and PV (photovoltaic panels) and those types of things, we are
really not sure what the future holds.
MS. O’HARA: Okay, I will yield for now. Others may have questions.
CHR. POINDEXTER: Okay, any other discussion on the fuel? Council Member
Ruggles.
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Hawaiʻi County Council-15 June 7, 2017
MS. RUGGLES: On your impact of rate increases, where did you get those
numbers on miles traveled per year?
MR. BROWN: Aaron Brown, Business Manager. I watched the other guys get
hammered. Those numbers are from the U.S. (United States) Transportation
Bureau of Transportation statistics. They actually showed that the average
vehicle, kind of in the class that we decided to go with, was 23.2. But to be a
little bit more conservative, we went with 20 miles.
MS. RUGGLES: Okay, and is that data for all of the U.S. or is that specified for
Hawai‘i?
MR. BROWN: They didn’t have anything specific for Hawaii that I could find.
MS. RUGGLES: Okay, so this is average for all the U.S.?
MR. BROWN: Again, it’s not exact because as we know, our ranchers who drive
the bigger trucks, they are not going to get the same kind of 20 miles per gallon.
But even if they are buying a lot more gas, I think, having this starting point at
$4.28, gives us something we can grasp and hold onto and realize, okay, the
ranchers will be paying a little bit more; $5-6 a month, you know, depending on
how much you drive. I wouldn’t totally quote the numbers. I think it’s a starting
point for us to see, based on these assumptions that this is the impact—around the
impact we can expect.
MS. RUGGLES: Do you know if this assumption is based on what the number of
miles traveled per day is?
MR. BROWN: Per day, I wouldn’t know. But I guess we could look that up.
Again, I think it’ll differ on every personal situation. I mean, my wife drives to
Waimea from Hilo every day, so this is going to impact me, you know, as much
as I think the next person. I think we realize that this is something we want in our
community, which is an increase in our infrastructure, having resources there for
our emergency responders. When you look at the true impact and what it’ll be,
and, of course, it’s going to fluctuate across the board for people traveling, filling
up gas in different ratios. But this is something; a starting point for us to look at
with these assumptions that 10,000 miles a year, about 20 miles a gallon.
MS. SAKO: So, if you take 10,000 divided by 365 days a year, it is 27.4 miles
per day. IF you did more like work days per year, it’s roughly 37.7 miles per day.
CHR. POINDEXTER: Thank you, Council Member Chung?
MR. CHUNG: Thank you. Thank you very much, Aaron. That was a very good
presentation you gave. I really appreciate that. I’m going to reference this
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Hawaiʻi County Council-15 June 7, 2017
graphic here. I’m just kind of wondering and, of course, I see the blue line with
revenues going up from 2012-2013, I’m guessing that corresponds to the increase
in the weight tax?
MR. BROWN: Exactly.
MR. CHUNG: Then, when it started going down; the decrease in the franchise
tax, right?
MR. BROWN: Exactly.
MR. CHUNG: Well, how do you guys determine the expenditures? Why aren’t
the expenditures corresponding with these things as well? I mean, why is it
exceeding it? I’m just kind of curious?
MR. BROWN: I mean we’ve had a lot of unforeseen increases. Same thing kind
of like the General fund with salaries and wages in that stuff, cost of material, I
think, our goal was to meet status quo and try to provide the same level of service.
You know, we’ve cut back on purchase and it’s hard to say, there are a lot of little
things that goes into it, but keeping expenditures relatively flat line was difficult.
We don’t want to really drop the level of service. It kind of gets to that balance
point where do we stop doing something for the community to save that.
MR. CHUNG: So at the very least, we would want revenues to get back to this
flat line here at the very least, right?
MR. BROWN: Yes.
MR. CHUNG: If we get it past that, we can do more, of course. Right?
MR. BROWN: Yes.
MR. CHUNG: So now, what’s going to happen? Are we going to get more
positions? I mean because to do more work, at some point you got to get maybe
more positions, too?
MR. BROWN: We are not looking at too much more positions upfront. We’re
looking more at getting back to purchasing equipment that will create efficiencies
right there. If we only have one drum roller, per say and don’t quote me on the
drum roller. But let’s say if we have one piece of equipment that has to be shared
around island with all the districts. So if one district is using it in West Hawai‘i,
the East Hawai‘i guys are not able to use it. And there are lots of things going on,
so, I think, between Frank and Neil, they do a real good job of coordinating that
kind of thing. But that will create efficiencies already where we can start.
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Hawaiʻi County Council-15 June 7, 2017
MR. CHUNG: Good. I like that word and so we are not anticipating too many
more positions, but more equipment purchases to enhance?
MR. BROWN: At this point, yeah. I think when we are able to say that
confidently yes we are able to bring the revenue back up, I think we can look at
additional things we can do. Right now we have identified areas that we want to
put the money when we get it, but we didn’t want to look too far so to speak and
assume we were going to get the fuel tax increase, if that’s not something that you
guys want to do.
MR. CHUNG: I’m going to maybe jump the gun on Mr. Kanuha because I kind
of anticipate what he might be asking, because he is consistent, but it applies to all
of us. You guys haven’t answered or presented to us is what are we going to get
now in terms of improvements, particularly with regard to the highway
maintenance operations for each of our districts. Do you guys have an idea,
maybe over the short term, one year; two years?
MS. SAKO: They do. They have a ratio. First of all, I wanted to applaud Neil
for being able to do more with less. He’s really been able to get many more miles
done lately than we have in years past. But those will continue to increase and the
more the fuel tax goes up in subsequent years, the more they’ll be able to do. You
know, in addition, his staff has been putting in dry wells and has been able to do
so much more in-house; that it’s really benefited. And that’s really the only way
the Highway fund has been able to survive over these last few years. I have seen
some numbers that by the end it will almost be doubling the number of miles per
year that will be paved; like 20 a year to 40 a year.
MR. CHUNG: I know intuitively, we are going to know that we’re going to have
more roads improved. But are there some roads in particular and maybe if they
could address each of the districts, which ones? It doesn’t have to be a
commitment, but which ones are these zeroing in on?
MS. SAKO: Actually Neil was kind enough to put a list together. But some of
these are the smaller projects, not the big—re-haul the whole road.
MR. CHUNG: This is if the increase is approved, right?
MS. SAKO: Yes. So, Waianuenue Avenue; Kam Avenue; Kipimana Street;
Wawa to Kapoho and Puna; Wakea Avenue, part of that in Ka‘ū; Old Māmalahoa
Highway and Nāpoʻopoʻo in South Kona; Lunapule Street; Hina-Lani to Ane
Keohokalole in North Kona; South Kohala; Saddle Road; Kamamalu Street from
Highway 19 to Kamanala Street; and then in North Kohala, Kapaau Road. Then,
in Hāmākua, Kukuihaele Road and Ahulaloa. I think these are the ones,
hopefully, Neil is shaking his head, are the most urgent and the highest needs
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Hawaiʻi County Council-15 June 7, 2017
right now. The list goes on and on, as we all know, and I want to get my
neighborhood up there too so, just saying.
MR. CHUNG: Okay, thank you very much.
CHR. POINDEXTER: Okay, Council Member Kanuha?
MR. KANUHA: Thank you. That was part of the question that I had to ask that
Aaron already asked. But in terms of, I know you were talking earlier Deanna,
about reducing, you know, certain line items and one of them was that I really
hold or a lot of us probably do; the response during emergencies. You said that’s
been dropped over the years to around $200,000, you said?
MS. SAKO: Right, it has and, you know, we found ways to help them.
MR. KANUHA: I’m sure you can find ways during emergencies too.
MS. SAKO: Yes, when it’s a true—like Hurricane Iselle and things like that, we
have no problem. But, you know, it’s really hard to predict how many brush fires
we are going to have during the year. Yes, the report this year is there is going to
be a higher hurricane season. We have certain areas, just this intersection down
here, that floods when we get extra rain or high surf, you know, putting up all of
those barricades. They work so hard 365 days a year and I think people don’t
really realize it and so, I think, we have kind of cut ourselves down. We want to
have a little bit more margin that we know we will have the money there in case
of emergencies.
MR. KANUHA: I absolutely agree that we need to be prepared, especially with
everything that you talked about that we deal with. Things come up; like a few
years ago in some of the pictures, the rain that happened in Kona. Pretty much
wiped out a few of the sides of roads but we are dealing with the certain flood
channels that need to be taken care of and, for me, to emphasize the emergency
response, it’s huge.
MS. SAKO: Even when the lava was headed towards Puna and they suddenly
just had to build roads and, you know, we found money for that. But just
changing their tune on a dime to be able to do what the community needs has
been amazing.
MR. KANUHA: Yes and every community is unique in their specific needs
during different emergencies. So, okay, I mean I have more to say but I just
wanted to ask about that one. And, wait, how much was it before?
MS. SAKO: We always had half a million in there and some years it was a little
more than that, you know, when we could afford it or if we thought it was going
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Hawaiʻi County Council-15 June 7, 2017
to be a high hurricane season or a heavy rain season, but usually, at least half a
million. So, we would like to get it to at least back to that half a million dollars
and then roads in limbo is the other area that we want to restore. There were other
cuts along the way that we want to restore so they can get back to full force again.
MR. KANUHA: Thank you.
CHR. POINDEXTER: Council Member O’Hara?
MS. O’HARA: Thank you, Chair, and I’m not joking, I would like to see the
terms roads in limbo removed because we do not really have a definition of that.
MS. SAKO: I’m sorry, what did you call it the other day? I couldn’t remember.
MS. O’HARA: He said formally known as roads in limbo, but newly inventoried
County roads might be a better way to refer to them?
MS. SAKO: Okay, let me write that down. I think in reality they are new County
Roads. I don’t think the State is ever going to do anything.
MS. O’HARA: They aren’t and there’s legal precedence for that, so I’m not
joking. I would love to see us get rid of that terminology. I have a couple of
questions; one is clarification on this staggered increase. You say the State is not
going to be able to put this into their books or whatever until January 1?
st
MS. SAKO: We are hoping for October 1, but, you know, we are not positive.
st
Let’s say it’s January 1, we get six months this year but then four years
thereafter.
MS. O’HARA: So, if it’s a graduated increase, they will start that graduated
increase July 1.
MS. SAKO: July 1, yes.
MS. O’HARA: Okay.
MS. SAKO: I think if they know ahead of time, they can plan on that.
MS. O’HARA: So if we were to follow the Mayor’s rate increase, which is up to
19 cents in this next fiscal year, we would only probably see half a year of that
revenue.
MS. SAKO: Anywhere from six to nine months, yeah.
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Hawaiʻi County Council-15 June 7, 2017
MS. O’HARA: So, say four and a half, maybe, million at the most—four to four
and a half.
MS. SAKO: Right.
MS. O’HARA: That I just wanted to clarify.
MS. SAKO: That’s good that you clarify that because, you know, the additional
st
paving won’t start on July 1. But definitely people will see improvements rather
quickly.
MS. O’HARA: My biggest concern is giving more money than we can utilize,
because equipment purchase takes a long time and we have, at this point, limited
crew and we are not adding anybody onto crew, as we’ve stated. I want to know
that we can spend that?
MR. BROWN: Aaron Brown. I don’t want to speak for Neil, but I think one of
the biggest hurdles that he has is his guys are—when they go back and can see a
road that they did. They have this new sense of pride like wow, we did that.
They’ve been really—I think it’s noticeable that they have been really working
hard. The biggest hurdle for us is now buying material for them. This money will
be utilized. And we can—I don’t want to say hit the ground running, we do have
to wait for some of the equipment. Well, we can use what we have and it will be
impact pretty quickly.
MS. O’HARA: Okay, great, thank you for the answer. I also have another
question and this maybe for Allen and/or Neil. In the list, which I thank you,
DPW, (Department of Public Works) for sending this out a couple weeks ago, of
proposed projects that you would consider if this money passes. Since we seem
to have a disagreement on a nomenclature of roads in my district, I kind of want
to know what you are referring to as Wawa to Kapoho, because Wawa is in the
middle of a four mile stretch of dirt road. So, are we only paving half? I mean,
what are we doing there? And the road in question is actually referred to as the
Government Beach Road, not the Puna Government Road. So, I just don’t know
with that nomenclature, what we’re actually going to be improving or resurfacing.
(Note: At this time, Public Works Highway Division Chief Neil Azevedo
came forward to address the members of the Council.)
MR. AZEVEDO: Hi, Neil Azevedo, Highway Division Chief. That’s from
Papaya Road to the t, the cross; the Kapoho Pohoiki cross, right there.
MS. O’HARA: So, it’s about one mile?
MR. AZEVEDO: Yes.
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Hawaiʻi County Council-15 June 7, 2017
MS. O’HARA: Okay. That’s exactly what—I’ve never heard it referred to as the
Wawa road. Wawa is somewhere, way down the road. That’s why I had to ask.
Okay, that clarifies it. By the way, thank you very much for the great paving that
you recently did in my neighborhood. Unfortunately, it didn’t come to the front
of my house because I live to the private side of the street, but it was nice to be
able to drive over it. Thank you.
CHR. POINDEXTER: Council Member Chung.
MR. CHUNG: Thank you for letting me talk again, maybe Aaron or Deanna or
Frank could answer this one. I have been getting a number of calls regarding the
fuel tax, as I can imagine everybody has. They’ve mostly been constructive type
of questions or inquiries. One of them or several of them deal with what I view as
almost like a public policy kind of issue. Why is it with the rise in fuel efficient
cars like electric cars, they are not going to be paying their fair share under the
fuel tax scenario, right? And I explained to them maybe there is a public policy
involved in here because we want to actually want to promote less fossil fuel use
so we give these guys a break. I mean, I really don’t know. But that would mean
we’ll have less fuel tax money.
MS. SAKO: No, Aaron can explain the pilot program that is currently in place to
change that.
MR. CHUNG: Yeah, please.
MR. BROWN: Last year we were able to go to a State DOT (Department of
Transportation) kind of presentation of a pilot program that they are looking at.
And it’s modeled off of the Pacific Northwest, I know, Washington I think kind of
championed that and then Oregon and California is following. But what it is, it’s
more of a usage fee or tax now. As we know, these electric cars are using our
infrastructure and they are putting wear, but they are not sort of paying their share
in fuel tax. So, this is a pilot program that they are looking at. Lots of different
ways to track how people drive or how much they drive and then charging them a
fee or a tax on those miles—mileage driven instead of just when they fill up fuel.
MR. CHUNG: So is that in place of a fuel tax model or complimentary tool or
what?
MR. BROWN: I believe the State is hoping to actually have that program
eventually replace the fuel tax program. They are not exactly sure how they will
implement it. That was kind of an introductory presentation to all the counties.
The State is looking to implement it and allow the other counties to jump on.
MR. CHUNG: That’s interesting and what kind of timetable you think they might
be looking at?
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Hawaiʻi County Council-15 June 7, 2017
MS. SAKO: I thought they said in the next three to four years. So, they are
working on their pilot test program and having people track mileage, and how
would that work, and what the most economical means of getting people to
comply with that would be. Whether it’s with the safety check program or the
vehicle registration, but paying on miles. But then, also, the concern is then
converting it back to a once a year fee. So, letting people pay monthly or
periodically. So, they are looking at lots of different varieties, but better being
able to capture all the vehicles on the road and not just the fuel driven ones.
MR. CHUNG: Is it going to give the authority to the respective counties just like
they’ve done with the fuel tax to determine rates or is it going to be one?
MS. SAKO: Right because right now there is the County portion, State portion
and Federal portion of fuel tax. So looking to modify that and then give the
authority to us like they do now.
MR. CHUNG: Interesting. Is it going to only replace the fuel tax model or is it
going to replace more, like the weight tax and all of that?
MS. SAKO: Yeah, I don’t know that they adjust weight tax. I think, just the fuel
tax portion because that was the part they were concerned about is the concerns of
electric vehicles and others not paying the fuel tax.
MR. CHUNG: Of course we are not talking about weight tax today, but how does
our weight tax compare with the other counties?
MS. SAKO: I have a folder upstairs but I don’t recall at the moment.
MR. CHUNG: More or less?
MS SAKO: We are usually on the low side. We did raise it a few years ago, so I
think we’re more in line with everybody else. What I haven’t checked is what the
other counties have done in the last few years.
MR. CHUNG: Maybe we can take a look at that because one of the common
themes of many of the speakers that came here today and before was maybe
beefing up the weight tax, again a public policy. If you are going to get a heavier
car which puts more burdens on the roads, maybe you should be paying more,
right? Anyway, thank you.
CHR. POINDEXTER: Council Member Lee Loy.
MS. LEE LOY: Thank you, Chair. Aaron Chung should have stolen or read our
minds or something because he just asked everything I wanted to ask and
specifically regarding the fuel efficient cars and if this model builds into that
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Hawaiʻi County Council-15 June 7, 2017
projection. But I want to back up a little bit and just based on some assumptions,
do we have to approve a fuel tax right here in June at the prior fiscal to start
getting the money or can a fuel tax be adopted at any time?
MS. SAKO: I believe it can be adopted at any time. It’s just that whatever—
when we adopt it, the State will need x amount of time lead in to implement it and
collect it.
MS. LEE LOY: Then, taking the long view optics on this one because Mr. Chung
just touched upon it a little bit. You know, we have a resolution in front of us that
talk about the three-year progressive steps. Then there’s this other plan regarding
State DOT, but they also have a bigger fuel efficiency goal of 20-35 where we
will be reducing. How do we, as a Council and policy makers, get ready for that
because I don’t want to be known as the Council who raise taxes. I want to be
known as the Council who got us ready for all the next steps for the future. That’s
the legacy I want to leave, is that we got the next generation ready. So can you
help me understand that from a policy standpoint besides the three years, how we
would maybe dovetail the weight tax in meeting our fuel efficiency? Help me
with that large optics on all of this.
MS. SAKO: I think part of it—one of the unknowns has always been the
franchise tax. So then, we do continually look at weight tax. I think the last time
we raised it was maybe about five years ago. So, we do try to go kind of back and
forth. We actually thought the State might implement this more fuel efficient,
you know, collect a different way model earlier. And since that doesn’t seem to
be ready, we want this to at least carry us through to that point. But then, looking
to the future, looking at maybe weight of vehicles, going back and comparing to
the weight tax, seeing where everybody else is at, because just like we already
know ERS rates are going up next year—the following year rather and then
collective bargaining, again, and other post-employment benefits. So, we already
know there are other increases and that’s why we tried to build it in at the fuel tax
at this point, knowing we had raised rate tax more recently. But then, hopefully,
within that three or four-year period we will at least have a better vision of where
the State is going so we can kind of wrap that all together so that kind of to even it
out for the taxpayers.
MS. LEE LOY: Thank you, and then with this energy goals with the State DOT
pilot program, are they going to help us with some of these ideas of tracking
mileage or is that going to come back and be on the County?
MS. SAKO: Well, they are good at giving us unfunded mandates, I know, but in
this case they do collect the fuel tax for us now. And part of their things, I
believe, there is a lot of different technologies introduced at that seminar. One
would be like an app so you can track it, but probably doing something with the
safety check program because everyone is required to do a safety check typically
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Hawaiʻi County Council-15 June 7, 2017
every year. So at least once a year, there would be true—of okay, you thought
were you driving a thousand miles for months and you really drove 2,000 miles
per month, so now you have to pay the additional amount. But we believe that
collection mechanism will continue to be handled by the State, so that we won’t
have additional duties, you know, on our staff.
MS. LEE LOY: That collection rate, it’s a percentage, is that locked? I’m afraid
they’re going to take on more duties and then—
MS. SAKO: Right now, fuel tax I believe it’s in the law. It’s not that high. I
don’t have it with me, but they don’t keep a very large percentage of our fuel tax.
They will find a way to increase it but, yeah, they tend to do that.
MS. LEE LOY: They tend to siphon off our money all the time.
MS. SAKO: All I was going to say is that they do have to find a way to collect
their portion of the fuel tax. So, this is not an over exaggerated burden for them.
Once they figure it out for the State portion, it’s just upping it a little bit for the
County portion like they do the fuel tax.
MR. BROWN: I think their administrative cost will be tied to what type of
mechanism they use to track the miles. There is a lot of electronics things that
they are considering, one being almost like a GPS (Global Positioning System) in
your car, although there is challenges with that, you know, privacy issues. But
there are a lot of mechanisms they’re looking at and if it’s more automated, there
will be less administrative costs. So, I think that will come down depending on
what they decide to use. I know they’re encouraging the counties to communicate
with them on what we feel. I think the original—the first pilot project will be on
Oahu strictly, but that might be something we can reach out to them and talk to
them about if maybe we can do our own or if that’s something we even want to
do. They’re not quite there yet, but we will try to continue to have conversations
with them as this progresses.
MS. LEE LOY: One last question. You don’t have to answer this now, but some
of the reasons why some of the other counties do so well with their fuel tax
dollars is either they have less mileage of roads or they have more capacity. They
have more people. And so, do we have an analysis? You don’t have to give it to
me now, but that would be a great analysis for us to understand. I like to compare
apples with apples and not that we’re not comparing apples with apples, but I
think just when I look at City and County of Honolulu, they have more people
paying weight tax; whereas, Maui or Kauai may not, but they have less miles. So
that rationale behind that, if you could share that. Thank you. I yield.
CHR. POINDEXTER: Council Member Kanuha.
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Hawaiʻi County Council-15 June 7, 2017
MR. KANUHA: Thank you. I’m leaning favorably towards an increase. Why I
am doing that is I see this as a public safety issue—not issue, the enhancement of
public safety. You know, the division is doing as much as they can with the
limited amount of resources to protect public safety with everything that they do.
I see this as a means to have a greater enhancement of that, protecting the public
whether it’s modes of transportation preparation for emergency, the kids walking
safely to school through their neighborhoods, traffic signs, marking, maintenance;
all this kind of stuff is enhancement of public safety. It shouldn’t be fuel tax fund,
it should be the fuel tax to enhance public safety fund. So if there is a change in
that name I might truly like that, but that is really what I see here, you know? If
we’re going to be—that is our main mission as a County to protect public health
and safety, so. That’s my thinking right now, why I’m favorably leaning towards
the increase and it’s nice to see the projects that are going to be done. That’s what
the public wants. The public wants to see the Lunapule road be improved or all
these different roads being improved with this increase, but truly we’re improving
the public safety along these routes along each and every one of these
improvements, so.
I appreciate that you guys put a lot of these things in there, because with this fuel
tax increase people only think, like you said in the beginning, that you are just
going to be repairing roads. You know, that is not even close to the amount of
things that you guys do with this fund and the services that you guys provide. I
don’t know how much is—I know you guys emphasize that the 19 cents and the
corresponding increases and you guys did a presentation on that. I don’t know
how much for myself is the right one, but I’m looking at that mindset of if we’re
going to be enhancing public health and public health and safety, we got to be
increasing these revenue sources. I will yield on that. Thank you, Madam Chair.
CHR. POINDEXTER: Council Member Chung.
MR. CHUNG: Thank you, again, Madam Chairman. Mr. Kanuha brings up
safety and someone else talked about hurricane season. Hopefully, I can get some
latitude on this one because we might be going a little bit past what we’re
supposed to be talking about. I’m kind of curious Deanna or Aaron or Frank, you
know, last year we appropriated some money for albizia removal, right. Where
was that put, in the Highway fund?
MS. SAKO: No, that’s in the General fund.
MR. CHUNG: Oh, ok, did we do it again this year?
MS. SAKO: I believe each year there is money in the General fund for the
removal of hazardous trees, I believe, is what it’s called.
MR. CHUNG: So, nothing in the Highway fund will address that?
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Hawaiʻi County Council-15 June 7, 2017
MS. SAKO: No, not unless it’s impacting a road way or what not. The Highway
fund is very specific for roads, transportation, and transit.
MR. CHUNG: Well, we can talk about that some other time. That’s very
important, I think. Anyway, I’m certainly going to support the fuel tax increase.
I don’t know exactly how it’s to turn out—how many cents up, but I would
actually go with the Mayor’s proposal. The thing about it is this, another way of
looking at it instead of the big increase is that our residents have been saving
money all of these years. We got to get up to speed on what the other counties are
charging, if not we’re doing a disservice to them. The more they ride on bumpy
roads, no offense because actually the Puna people ride on worst roads then most
of us, but all of these roads that been in disrepair for a long time that is
maintenance issues, too. So in the long run they might be paying more. It really
does, I think, people have to understand that. The only way we’re going to fix
those roads is if we get more revenues, got to raise the rates so, we can do a
service to our constituents. Thank you.
CHR. POINDEXTER: Thank you. Council Member David.
MS. DAVID: Thank you. Thanks, Deanna and Aaron, for that presentation. I
really agree that besides—it’s not only one thing that you folks do, it’s many. I
think that is important for our people to know that, because when they say
increase fuel tax that’s all they are thinking about right, highways? So, thank you
for that. Deanna, what is the break down you said the portion for the State? Did
they take a percentage off of the top?
MS. SAKO: They do. Let me see if I have my chart for their percentage, yeah.
The FEDS have part of it and I’m not sure how theirs is collected, but then the
State collects their portion. And it’s relatively minor. I want to say it’s 5 percent
or less that they keep of our portion.
MS. DAVID: Okay, yeah, I don’t need to know exactly, but if you are saying it’s
a minimal amount, then that is fine and I do appreciate. The only thing, for me, is
that my constituents—I mean, my district, people travel from Ocean View,
Waikoloa to work and they are going to be really suffering. Basically, they live
out there because it’s the cheapest place to live and survive. So based on that, I
know that you folks—the intention is great and I agree with it. So we haven’t
done this yet but my thing is, if it doesn’t go that high, would it still benefit or
would we still get some of the benefits that you folks are talking about?
Especially the projects that you folks are saying that is on the—how will that
affect those projects that are pending?
MS. SAKO: I think because there is different pieces of where the money is going
and it is not just all going to the roads, we tend to—roads is kind of the balancing
act. So the less money they collect, that tends to be what gets adjusted because
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Hawaiʻi County Council-15 June 7, 2017
we have to pay for transit, there are certain traffic safety things we have to do.
We would try to balance that out, but some of those road projects would then have
to be delayed or deferred to a future date. We can only do whatever we have
money to do.
MS. DAVID: I understand and that’s my concern. I have been hearing a lot and
most of them say, don’t even go there.
MS. SAKO: Yeah, and I want to apologize. We let the fuel tax stay the same
amount for 30 years—our fault, too, we should have pushed harder. So now,
unfortunately, it seems like a huge impact so, we do feel bad. It’s not easy to ask
this, but the fuel prices are a little bit lower right now. While we do realize there
is going to be an impact on the community, you know, were hopeful that they do
understand as well.
MS. DAVID: Okay, thank you.
CHR. POINDEXTER: Council Member O’Hara. Oh wait, Council Member
Richards, you didn’t speak yet? Okay, so we’ll go to Council Member Richards
first.
MR. RICHARDS: This is exactly what we wanted to hear and I’m not going to
belabor my other Council Members conversation. This has been a long time
coming. We’ve got a lot of work to do. I will be supporting something. I get it.
I’m still reeling from our Monday night festivities. So, I mean I get it. Coming
from Waimea, not unlike Council Member David’s district, people drive long
distances and that’s the balance in there. Yes, I come from agriculture and we
have larger vehicles that tend to consume a little bit more, so there’s a balance in
there. People understand but, again, the perfect storm we talked about.
Everything right now, it’s a little hard to swallow so, I do appreciate the
information because that is important. The paradox in all of this, what people are
goings to see and be most happy with is what Neil does out there, which is
paradoxical that we had everything and what they’re going to see is what Neil
does. Again, thank you for the information.
CHR. POINDEXTER: Thank you. Council Member O’Hara.
MS. O’HARA: Okay. Now we’re going to start drilling down into how much do
we really need, and is the Mayor’s proposal something we can truly support? If
we are only going to realize half the revenues in the first fiscal year because it’s a
way the State lags behind, we’re looking at an increase of at most four and a half
million, maybe a little bit less if they take their five percent, etcetera. There are
all these other little tag ons. And what’s sitting before us in the way of road
improvements; the list that we received from DPW (Department of Public Works)
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adds up to 1.8 million. I understand you’re saying that the Highway fund needs a
better balance or reserve. I’m not sure what accountants refer to it as but, yeah.
MS. SAKO: It’s not necessarily just the reserve, but the fund balance has been
being depleted. So, we’re to the point now there is no more revenue. So if we
don’t do something, we’re not even going to be able to maintain what they’re
doing today.
MS. O’HARA: I understand. I’m just trying to finding a word to describe it. I’m
just trying to think out loud as we’re forced to do—in this process. Anyway, so,
I’m not seeing anything left over from Mass Transit. Mass Transit is here, not a
lot anyways, so what is going to be directed at Mass Transit? I know that in our
budget, hack and chop the other night for want of a better term, I was sorry I
didn’t bring a couple of hatchets. Anyway, we took away 4.5 million for a bus for
next year.
MS. SAKO: Four hundred and fifty thousand for a bus.
MS. O’HARA: Sorry, I mean four hundred and fifty thousand; yeah I was in the
millions there, sorry. But that still is a big chunk of change, because we’re
talking, you know, a minor—not a minor, but an increase of four and a half
million. We got close to two million in DPW road work that needs to get done.
MS. SAKO: So, right now, we have two million of the annual amount going to
them, and that was based on the first year or 19 cents.
MS. O’HARA: What is it going to be used for? That is my question.
MS. SAKO: Part of it is just to restore the cost back to the Highway fund that
General fund picked up. So, that’s like driver contracts and what not, and the
additional amount would be either repairs and maintenance or to lease bus it.
Lease meaning purchase to own, you know, type of situation. Whatever they feel
is the most crucial at this point in time.
MS. O’HARA: So, two million of whatever we would be receiving would go to
Mass Transit?
MS. SAKO: That is our rough estimate. We haven’t all set down at the table and
agreed to who is getting exactly the share of the pie, but that’s the number we
have been tossing around. That was also a while ago, before Curtis got here and
had a chance to evaluate everything, as well.
MS. O’HARA: How much are we restoring to, say, a reserve in that estimate?
Ae we doing this as a percentage?
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MS. SAKO: Not exactly. Sometimes one of the ways we generate the reserve,
too, is putting money aside in that Emergency fund or a portion and hoping we
don’t have to spend it all, as well. So we don’t have a set amount. But, yeah, we
would hope that fund balance reserves would grow a little bit.
MS. O’HARA: Okay. I wanted that background so that—we have some other
amendments in our packets here, so we need that to make consideration of those.
Thank you.
MS. SAKO: Just to clarify, too, this is what, you know—DPW has been working
hard. The 19 cents really came about with what they feel like they can spend now
and will help them get going quickly. And, then, the continued increase is to
help, you know, even beef up the roads and the other systems even more.
Obviously, we’re going to spend—they will be able to spend whatever comes
their way, but they based it on what they feel they need to run the operations.
MS. O’HARA: I appreciate that, but I also have to base it on what the
constituencies or the consumers can bear, and a ten cent per gallon increase all at
once is tragic.
MS. SAKO: No, right. That’s why I said, they’ll be able to spend whatever.
MS. O’HARA: Yeah, and I know that we can break it down. I happen to drive a
very fuel efficient hybrid. My personal impact, even though I drive much more
than ten thousand miles a month, it’s more like a year fifteen thousand—I don’t
know. It seems like the miles go up way too fast on my car, because I have to go
now to Kona all the time too. Anyway, that happens and I still see my monthly
increase at about three dollars, but I happen to own a very fuel efficient car. Not
everybody has the ability to do that. Some people don’t do it by choice.
This may affect their choices down the road, because we had someone testifying
this morning about losing their little car in the Walmart parking lot behind all the
big SUV’s (Sport Utility Vehicle) and big trucks. I don’t think all those people
are ranchers, I’m sorry. It may drive the demand for more fuel efficient cars,
which is great and we’ll be moving to perhaps another system as a resort.
For instance, the Prius sold really well here in Hawai‘i, because of its fuel
efficiency and it’s a nice car to drive. So, as far as public policy, this may
actually help to reduce our dependency on fossil fuels in the long run. But, we
have to be very careful about how we moved forward here. So, yes, we do have
some other amendments that we may want to consider. And I’m really glad you
all came and provided this information, because I was feeling just in a vacuum
after the fuel tax hearing and not receiving anything but this. Thank you for this
short list, but it just wasn’t enough to even begin to consider adopting this
increase. So this is probably going to make us feel very differently, and I’m sure
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Hawaiʻi County Council-15 June 7, 2017
that maybe there is some more questions coming from the Council so, thank you
very much.
CHR. POINDEXTER: Thank you. Council Member David.
MS. DAVID: Yes, sorry, I just have one more question for Deanna or Aaron. Is
there any restriction on how often we can have a fuel tax increase? Or we can just
do it manually?
MS. SAKO: No, I don’t think there is a restriction. But we probably don’t want
to irritate the State too much; they don’t seem to like us now. Sorry, that was just
my editorial comment. I think something like this where we have a plan or even
if this plan was amended to change at every six months or something like that, I
think they can live with that. I think them just having a plan and knowing what
they have to do, I think that helps them with their lead time. I think if we were
going to do something monthly, that would probably irritate them, because it
impacts all the gas stations and everybody that has to collect it.
MS. DAVID: So realistically then, either annual or every two years would not be
that big a deal?
MS. SAKO: Yes, I think they would be fine with annual and that is the route we
took.
MS. DAVID: Process time, etcetera, yeah?
MS. SAKO: Right, just to give them—but that part was also to give the public a
little bit of time, too, to know it’s coming, so.
MS. DAVID: I see. I think it was basically our fault that we let this go many
years without small increases along the way, and that’s why I feel the ten cents is
really high. Okay, that’s all I needed. Thank you.
CHR. POINDEXTER: Thank you, any other discussion? Council Member
Lee Loy.
MS. LEE LOY: Thank you, Chair. Monday night we passed the budget and it
actually did not include the fuel tax in these projected Highway fund numbers,
correct?
MS. SAKO: That’s right.
MS. LEE LOY: But the estimated future costs, these are accurate numbers in
this?
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Hawaiʻi County Council-15 June 7, 2017
MS. SAKO: The costs and the Highway fund or the expenditures, I think there is
a little bit that we balanced with fuel tax. I think to cover the bargaining unit
increases. So we do need some money, or they will have to make additional cuts
for this upcoming year.
MS. LEE LOY: Then, we’re supplementing Mass Transit from the General fund?
MS. SAKO: Correct.
MS. LEE LOY: But some of this money would actually go into Mass Transit?
MS. SAKO: Right. So, we know in the current year they have needs probably far
greater than what is in either the General fund or Highway fund budget. And, so,
we know they need some of this money just to get them back up to speed. So,
then, in the future—but for future years, then we would hope to move that money
back to the Highway fund to help the General fund out.
MS. LEE LOY: When you mention future years, like future 17, 18 year?
MS. SAKO: Well, 17, 18, I think General funds passed and I think we’re okay
that the additional fuel tax money would probably not reduce General fund as
much as; put it in Highway fund for Transit to get those immediate needs that
they need now. Whether it’s getting the new buses or repairing the current buses.
That is one area where I haven’t talked to them, but they may need a mechanic,
even if it’s short term just to help them get caught up. And, then, from fiscal year
nineteen, which would be the following fiscal year the hope, is to move those
extra costs back to Highway fund.
MS. LEE LOY: Chair, maybe just a little bit of latitude. The Vehicle Disposal
fund is part of highway or separate
MS. SAKO: The Vehicle Disposal fund is actually a separate fund. It’s fund 75
in the budget.
MS. LEE LOY: Okay, I yield, thank you.
CHR. POINDEXTER: Council Member Eoff.
MS. EOFF: Thank you. I had most of my questions answered when I was
engaged in a phone call with Aaron. I thank him for working through all the
questions that we had at that time. One think, I don’t know if we have heard
today, and maybe would be good to share at this point was how the funds were
allocated based on the percentage, based on the miles of road in different districts,
which don’t necessarily coincide exactly with the Council district, but unless I
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Hawaiʻi County Council-15 June 7, 2017
wasn’t listening, I think that’s one thing the general public could benefit from
hearing today.
(Note: At this time, Public Works Business Manager Aaron Brown came
forward to address the members of the Council.)
MR. BROWN: Thank you, so the distribution of fuel tax that goes to the
resurfacing of roads, at this point, is based on how many County roads each
district has over total County roads. So what percentage of County roads that you
have in your district, that’s the amount of fuel tax revenue that goes to road
maintenance. I believe a public works internal equation or formula that we’ve
have used almost since the beginning of the Highway fund, I believe, there were
small tweaks. But that way, you feel if you have 20 percent of the roads; 20
percent of the fuel tax revenue goes to that. Do you want me to read off the
percentages, I could do that?
MS. EOFF: Yes, sure.
MR. BROWN: So in our latest fuel tax ordinance where we created a new
increment where we can collect the money; we have appropriation and then
disburse it to the districts. Puna accounts for 26.4 percent of the total County
roads so, they get almost $348,000. South Hilo has 30.71 percent of the County
roads so, they get 522,000. North Kona has 34—oh, sorry about that. North Hilo
has 3.51 percent of the roads so; they get a little bit less than 60,000. Hāmākua
has 6.75 percent; they get 114,000. North Kohala has 2.97 percent of County
roads; they get 50,000. South Kohala gets 11 percent; they get 180,000. North
Kona has 14.5 percent and the get about 247,000. South Kona has a little less
than three percent of the total County roads so; they get a little less than 50,000.
And Ka‘ū has 7.14 percent of County roads so; they get 121,000, at this point.
MS. EOFF: So, over a fiscal year does that usually get expended?
MR. BROWN: Yes, definitely, and the biggest hindrance on us is not having
more. Most of this money, almost all, goes to material.
MS. SAKO: Just to clarify, the total of that is over the two year period. Fuel tax,
for whatever reason, is given in biennial periods to match the State’s budget.
MS. EOFF: that helps get a little bit clearer pictures on how—the intention is to
make it fair, and to make sure that all the miles of roads get coverage. Thank you.
CHR. POINDEXTER: Okay? Council Member O’Hara.
MS. EOFF: I just wanted to ask, that percentage chart that you just read is based
on what total number of road miles?
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Hawaiʻi County Council-15 June 7, 2017
MR. BROWN: The road inventory that came out as of December 2016, so that
was right before we finished, I guess, the road inventory that was conducted right
after that. This is what we used to create the new fuel tax ordinance. This is
assuming we have 975 miles of road, but I believe we have about 985 now. So,
that was right before we had got the numbers for the new road inventory.
MS. EOFF: Actually with the new road inventory that you have from removing
the reference to roads in limbo, it might be quite a bit higher. So, I really want us
to be considering that as part of our expenditures.
MR. BROWN: That number does not include what was formerly known as roads
in limbo.
CHR. POINDEXTER: But it’s currently known as roads in limbo, it’s not
formerly, right? Right now it’s currently known as roads in limbo. You have
paper roads; you have roads in limbo, because the reference is on three types of
roads. Okay, so, I don’t see lights on, I want to ask you. Yeah, what is known as
roads in limbo, which district one has more than 50 percent of; I always try to get
why it was so low out in district one. I could never get anyone to give me the
formula, nor could I go find it in an ordinance or anything on Laserfiche. We
tried for, I don’t know, several years now. So if you have a formula, can you
share that formula so we know if that is right or not? We have a lot of roads that
were dedicated. Some people worked on the roads in limbo program, and I
believe that is a great program to have, because we have so much roads in limbo.
But, maybe now with the fuel tax hiking up, we might change that program up a
little. I don’t know. That is up to you. I would love to get the formula. I’ve been
trying to get it for the longest time on how that is, because when you look at the
percentages, even from Puna to Hilo, I mean, something is not making sense to
me.
MS. SAKO: Just to clarify, this is the true roads that are on our roads inventory
and then, separately, we budget for the roads in limbo. Not whether they’re paper
roads or we’re arguing with the State and whatnot. And that is the amount that
kept getting reduced over the years as revenue drops, so that’s the other area we
want to beef up, so those roads be cared for.
CHR. POINDEXTER: But when you guys say paper roads, you guys don’t even
consider it any road. So, we don’t even have a program for anybody who has
what they call roads on the paper—is the only place, because you can go there, it
can be a big forest, but on the paper it said, well, many years ago the plantation
had a road on there.
MS. SAKO: You are right. It’s not even a through road anymore.
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Hawaiʻi County Council-15 June 7, 2017
CHR. POINDEXTER: It’s not a through road at all. I have gone. We have
several and it’s just completely forest. There is no way you guys are going to dig
something up and do a paper road. But, yeah, if we could get—if you could send
it to all the Council Members on how you calculate—where’s that formula? I
have never been able to see the formula, so please. And, then, one more thing,
now that we’re increasing the fuel tax and, you know, I’ve heard a testifier say
I’m in Puna, I have to drive all the way to Kona side to work. I don’t want to take
the bus because it goes Hāmākua route, which is longer and I don’t make it to
work on time, so I’m driving over saddle. Now with the fuel tax going up, he’s
going to have to travel—more money out of the pocket. We are hitting the people
that are barely making ends meet.
So, I would really encourage us to work with our transportation system and look
at how we can beef that up to make sure that maybe we add a bus to go over
saddle. Then, that will free up a lot of people on the bus coming through
Hāmākua. Then, Hāmākua won’t be yelling so much that they got to sit on the
floor in the aisle from Pa‘auilo down to Waikoloa, sitting or standing. Now that
we have that money, let’s work together to help the people get a benefit from this
raising of taxes. Meaning that, maybe they can jump on a bus, maybe getting a
type of van from Council Member David’s district and looking at what times suit
them to get down to the hotel. Then, the people are getting some type of return on
this investment that we’re making of raising taxes all over the place. So, thank
you. Thank you so much for that. Okay, so at this time, let’s vote on okay—
Point of Order: MR. KANUHA: Just a point of order. Just figuring out where we’re at, so we
can clarify.
CHR. POINDEXTER: Okay. We were on Resolution 212-17. No one has any
further discussion or anything, so it goes to a vote. Yeah, you withdrew your
amendment, so. Okay. So, then, put on your light if you want to make an
amendment. If you’re going to continue on this 212-17, put on your light if
you’re going to talk about it or you want to make an amendment to it. So, I know
that there is a couple of amendments in there. I am going to ask the clerk once we
take one, we can only take that or can we talk about both?
MR. HENRICKS: If I had an amendment that wasn’t on the floor, what I might
say is I like mine better and here is why, and I think that’s fine. Do you
understand what I’m saying? So you can have one on the floor at a time and
that’s fine. And if somebody else has a different idea, it’s appropriate for them to
say, I have a different approach.
CHR. POINDEXTER: I have a different approach, not that, oh, I have a
communication, blah, blah, blah. Okay. So, I’m going to offer that to Council
Member David, because she first had her amendment and withdrew it out of
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respect for the presentation, which we weren’t aware of, so. Council Member
David.
MS. DAVID: Thank you, Chair. I move to amend Resolution 212-17, with the
contents of Communication 290.1.
Motion to Amend: Ms. David moved to amend Res. 212-17 with the contents of
Comm. 290.1. Seconded by Ms. Eoff.
CHR. POINDEXTER: Council Member David.
MS. DAVID: Thank you, Chair. Basically, based on what we’ve been discussing
after the presentation; feeling that the 10.2 cent hike was pretty steep, considering
we’re raising taxes all over the place this year. My amendment is pretty much
cutting the first—this fiscal year instead of raising it to 19 cents, just raising it to
14 cents. So, it would, instead of 10 and 2/10ths cents per gallon for this fiscal
year I’ve reduced it to 5.2 cents. That makes the total for this fiscal year come out
to 14 cents per gallon. Then I left the subsequent raises for the next two fiscal
years at the rate that the Mayor proposed, which I kept it—what is it, the 2 cents
for the next two fiscal years. So, instead of ending up with 23 cents, at the end of
fiscal 2018/2019, it is now 18 cents. I thought that would be a fair approach and
knowing that any increase would be helpful to the department. I’m open for
discussions on this and I yield.
CHR. POINDEXTER: Discussion on Communication 290.1? Council Member
O’Hara.
MS. O’HARA: Thank you, Ms. David, for this amendment. I, too, feel that the
initial increase is too steep and we need a little more graduated approach.
I’m also not a 100 percent certain that we can act quickly enough to make use of
that large incremental raise in the fuel tax. Even though there is a delayed
response from the State and, we’re only going to see half a year of increased
revenues for the first year. I still, I understand why you are doing the reduction,
Ms. David. As the clerk provided language, I also have an amendment that I
think would do something kind of similar.
CHR. POINDEXTER: Can you not refer to it as your amendment?
MS. O’HARA: Okay. I have another way of approaching it. I would consider a
little greater increase initially and incremental increases to get us up to the
proposed rate in three years from now. I‘m getting too tired to remember my
fiscal years at this point. 19-20? Is that Fiscal Year 19-20, 20/21? Whatever,
three years from now. I think it’s also very imperative that in this resolution that
we passed, that we make some kind of requirement that we get a comprehensive
plan on a regular basis before we pass budget, about the amount to be generated
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by increases. And how the money will be equally distributed to the districts, what
specific transportation projects might be funded in each district with the proposed
increases, and time lines for the projects. We don’t currently have that in the
resolution that was submitted to us by the Mayor. And that’s just the
accountability that the Council has to demand, because we are the fiscal officers,
in terms of watching the purse and we need to know if we are forced to raise taxes
on the people on this island. We need to know why, when, how, where; what is
the benefit, what’s the public benefit? And not just in broad, fluffy terms, we
need to know the specifics. So, that’s what I would like to see in an amendment.
Thank you.
CHR. POINDEXTER: Okay. Did you have a question for Deanna or you just
wanted Deanna to respond?
MS. SAKO: Can I just comment very briefly that when the fuel tax ordinances do
come forward, that is the plan. And it has, specifically, the paving in each district
and what the dollars will be spent on. Thanks.
MS. O’HARA: Thank you. I mean, it may be the intention but I like it stated in
black and white, personally. Okay, thank you.
CHR. POINDEXTER: Thank you, anyone else on Communication 290.1?
Council Member Lee Loy.
MS. LEE LOY: Thank you, Chair. Thank you, Ms. David, for introducing this
communication. I am of the position that we need to get our roads back in shape.
I’d like to see a graduated scale similar to Ms. David’s. With her approach at the
tail end there, I feel we’re still not where we need to be, taking into consideration
the idea of more fuel efficient cars and how we won’t see as much gallons
purchased, because this is a multiplier. It’s based on gallons purchase times this
amount and I foresee that at some point, that’s going to start to drop. So, getting
ready for that curve, I’d like to see something a little closer to the Mayor’s
proposal. I like what Ms. David proposed. This step increment slowly, but
getting the Mayor’s proposal at the tail end, because I think we’re going to begin
to offset those fuel efficient cars and some of the other technology and maybe
even transit, where people aren’t utilizing as much fuel. I think the other piece to
this is; there are a number of other businesses that will feel this impact. So we do
this; we’re going to see cost of services go up also. And people are going to begin
to feel it in other ways so that’s why I like this graduated approach, but at the tail
end, I’d like to see us closer to the Mayor’s proposal to get ready for what I think
will become the trend of more fuel efficient choices that people will make. The
other part to that is everybody uses the road, even if you are on the bus. That’s
why I just want to get closer to the Mayor’s proposal at the end of this three step
process. That’s where I’m at; that’s what I’m thinking. I yield at this time.
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CHR. POINDEXTER: Council Member Chung.
MR. CHUNG: Thank you, Madam Chairman. I agree with Ms. Lee Loy and I
like what Ms. David is trying to accomplish here, but not to reference any other
amendments that might be coming up. But, I am sort of—have warmed up more
to what might be another proposal. So if I vote against your amendment, it’s
because I like the other one, that’s all. Thank you.
CHR. POINDEXTER: Council Member Eoff.
MS. EOFF: Thank you. I think starting at a little lower increase, currently,
would be the compromise that helps us address the concerns we hear. I hear how
important road maintenance is, I have complaints all the time from constituents
who want to make sure road repairs are taken care of, and roads is actually one of
the most important factors and quality of life for most people who still continue to
drive a car.
On the other hand we hear people can’t afford the increase. I’m just afraid that
although the average doesn’t sound too oppressive, the $4.28 a month. And that
probably would be about what mine would come out to because I don’t really
drive that far. But I’m afraid that the people that drive further that maybe on the
other end of this average, are the people that can least afford the increase. They
do drive far to work in Waikoloa from Ocean View and from even Hilo. So I’m
afraid that, in some ways, it will be too much of a shock at the gas pumps for the
people who are least able to afford it. So, if we can minimize that trauma the first
year. Then, see gradually that it increases up to a point where we’re really
actually able to make great improvements to our roads, and bus service, and
whatever else we can use the Highway funds for; emergency situations. I think
three years is going to go by really fast. I feel we will get to the goal soon
enough. I would like to see us look at one of the two of these proposals. I think I
may agree that Ms. David has a good plan, but I think we might be able to go up a
little higher over the three years. So, I think we should listen to both options.
CHR. POINDEXTER: Okay. Before I call on Mr. Richards, I don’t know if, Mr.
Richards, you are okay with me calling on Council Member David or did you
want to respond to that? Okay. Council Member David.
MS. DAVID: When I saw Council Member O’Hara’s proposed amendment, we
were not that far off. I understood what she was doing. I believe from the
presentation of the department, the total at the end, the 23 cents is what’s going to
really help us achieve what we want in all our districts, regardless. And I’m not
married to my proposal, I just wanted to get something on the books and I was
being very cautious about not going up too high. But, I think, in three years if we
go up, we’re only a penny apart, right, in that first year? So, I’m totally willing to
discuss Ms. O’Hara’s proposal because having listed to you folks, I think that’s a
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better proposal to get to the 23 cents, because that is going to make it meaningful.
On that note, I’m withdrawing my motion to amend and I would like for us to
discuss Ms. O’Hara’s one, if that is okay.
Withdraw Motion Ms. David moved to amend Res. 212-17 with the contents of
To Amend: Comm. 290.1. Seconded by Ms. Eoff.
CHR. POINDEXTER: Council Member O’Hara.
Motion to Amend: Ms. O’Hara moved to amend Res. 212-17 with the contents of
Comm. 290.2. Seconded by Ms. David.
CHR. POINDEXTER: I thought I heard Council Member Kanuha shouted
louder, but she said it at the same time, so, seconded by Council Member David.
Council Member O’Hara.
MS. O’HARA: In a nut shell and, yeah, the brain is a little bit fried so I’ll try and
get my numbers straight. I can’t even keep the thousand and the period of time
anymore. We’re talking about an initial increase of 6.2 cents per gallon. The
Mayor had requested 10.2, am I correct? So, that gets us up to 15 cents per
gallon. Then in the second year, which would be Fiscal Year 2018 to 19, we’d
see another four cent increase and that would get us up to 19 cents. Then in the
third year from now, 2019 to 2020, another 4 cent increase that would get it up to
23 cents, which is the target the Mayor had attempted to achieve with his fuel tax
resolution.
The other thing that this resolution does that wasn’t in that current resolution is
that it has an additional whereas, and that’s that all fuel tax increases proposed in
this resolution are conditional to the timely submission of a comprehensive plan
by the Department of Public Works, in collaboration with the Office of the
Mayor, providing the following minimum information: amount to be generated
by increases, information on how money will be equitably distributed to all
districts, specific transportation projects to be funded in each district, and time
lines for projects utilizing fuel tax revenues Furthermore, at the end, in the further
be resolved, we added an additional sentence. Be it resolved that this resolution
takes effect on the first day of the second month following the date of adoption of
this resolution. I realize that is language about which we have no control, in
terms of the State, but it only takes effect provided that the Council has received
the comprehensive plan provided by DPW (Department of Public Works) and the
Office of Mayor. It kind of holds our feet to the fire, in terms of being sure that
we have properly planned for these expenditures; this new money that would be
generated.
Personally, from my districts, while we do have a percentage that is more
significant than other districts; currently of County roads and when we add in all
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those newly inventory roads in limbo it’s going to be even greater. I’m serious
about this guys, because it would really benefit a district like Hāmākua, like Ms.
Poindexter represents, if we start include them in the pie rather than creating a
whole separate account for what we’re referring to; roads in limbo, which is not a
legal definition. So, let’s do this a different way and I think that would allocate
considerably more money out of the big pie to somebody’s district like Ms.
Poindexter’s. It’s important to take care of our rural communities. But on the
other hand, what’s most important for our rural communities is Mass Transit, and
I would like to see our Mass Transit 89er get out into the communities more. We
had a wonderful meeting in Puna but barely attended by the public. Because it’s
important to know in order to plan; it’s important to know what the demand is.
You got to start there. I know you got to deal with the mechanical side and all of
that, and having enough buses and engines and workers to fix them, etcetera. But,
we need to know where we’re going and what types of buses are best. You are
absolutely welcome to come up Kurt. No, you got to come up Kurt, you can’t
respond from your chair, sorry. You are absolutely welcome to respond. But I
am really critical of a fuel tax increase, unless it brings us real Mass Transit that
serves the districts, especially my districts of Puna.
CHR. POINDEXTER: Let’s see how trained you are.
MR. SHARP: What do you mean how trained I am, you don’t know what my
past is, right?
CHR. POINDEXTER: No, I’m saying about identifying yourself for the record
(Note: At this time, Contractor Kurt Sharp came forward to address the
members of the Council.)
MR. SHARP: My name is Kurt Sharp and I’m an 89er, contractor hired by Harry
Kim. I’m the hit man, actually. But a matter of fact, I have an appointment with
Toby Hazel. I called her immediately after she hung up and she was yelling at
me, who are you? So, we’re going to be meeting sometime next week, so we took
care of that right away. I think Ms. Lee Loy tried to contact her, too. Yes, the
Mayor asked me to put together a one hour proposal or presentation to present to
everyone, including department heads, etcetera. I hear a lot of things going on
like the two buses. All I can say is if tomorrow morning I woke up and had 100
buses outside, it would not solve the problem. The problem is the infrastructure.
The problem is managing the resources. The problem is actually management
itself. The problem is motivating people and building a team, which have been
groveling around for the last—I don’t know how many years.
We got a new facility coming up, which is going to make a world of difference. I
don’t know if I’m overshooting my time here, but if you remember the Beverly
hillbilly series where they strike oil, buy the mansion, granny walks in the front
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Hawaiʻi County Council-15 June 7, 2017
door, presses a button and all the lights come on, she almost had a heart attack. I
can guarantee to you, when people start going out to that new facilities, these guys
are going to have their own bays to work in. They’re going to have a shower
room, they’re going to have a place to eat, you know. So, that’s part of the whole
motivating thing, right, making people enthusiastic, in terms of doing a better job,
in terms of my role on this as I have done many times in the past, being a director
for pretty large companies. So I come from the civilian side, too, military side.
Point of Information: MR. CHUNG: Madam Chairman, point of information, personal privilege. I
want to know where we’re going with this. I certainly understand the concern by
Ms. O’Hara, but what are we going to hear? The whole presentation of how
we’re going to improve?
MR. SHARP: Okay. Then, no, I’ll just back off.
MR. CHUNG: Yeah, I mean because I’m just saying, is it relevant to what we’re
talking about? I know it’s tangentially relevant, but do we defer this, wait for a
full on presentation?
MR. SHARP: That’s what I would suggest.
MR. CHUNG: That might be better.
MS. O’HARA: I’m perfectly happy and thank you for stepping up, Mr. Sharp.
How long have you been on the job now? Just over a month? 33 days. I don’t
think it’s possible for him to have developed a plan for the future of, well, he
probably has, but one that addresses the needs in every district, in terms of bus
routes and all of that kind of thing. Yeah, that’s the bigger plan and until we see
that plan unfolding, I mean, that is what is very important. If we’re raising fuel
taxes, yeah, our roads need it. I understand that, but we need Mass Transit, that is
the main critical reason that we’re doing this.
CHR. POINDEXTER: I do appreciate that and that’s what I’m going to be doing.
MS. O’HARA: Okay. That is what I was hoping to hear more about, plan. I
realize you can’t possibly have that at this point in time, so I’m not putting you on
the spot. I know you have a plan. Thank you.
CHR. POINDEXTER: Okay. Council Member Richards.
MR. RICHARDS: Thank you, Chair. As we’ve discussed this whole tax
increase, both real property as well as fuel, versus the perfect storm of
expenditures coming at us, and going through the whole real property tax and
through the budget. My fellow Council Members know I put forth a $6 million
cut, which we got some cuts, but my idea there was that the fuel tax increase
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Hawaiʻi County Council-15 June 7, 2017
would be offsetting some of that. We didn’t get near the cuts, but we got some.
So, I do congratulate the group for that. As some of my fellow Council Members
said, we don’t have enough and I agree with that. But the process worked and we
got through there. Now, I’m looking at more tax increases and as I run through
the numbers and I’m sure the 10,000 miles per year is for someone who lives in
suburbia—doesn’t live out in the country.
So I built a spreadsheet that we have all been doing the last three weeks or
whatever, and looked at those numbers. I went back and thought about a
comment made from one of our power suppliers and when they talked about what
the average expense for energy in a home. What’s the big deal about $50 or $100
does that make any difference to a family? It’s really not that much money.
When we talked about the once cent, it’s actually a million dollars in our County.
That means, we are taking that million dollars out of a pocket that may be going
into some form of the economy and put into government hands, which we’re all
here to help, right, because that’s what government does. Though, I firmly
believe we need to do something with the fuel tax. I had convinced myself that
we could get that done based upon more tax cuts and I don’t think we got enough.
Then looking at the proposals, in my mind and in my spreadsheet, had convinced
myself we can get by with some of them and some increase, but the steep increase
and the ultimate end goal of 23 cents, I’m not comfortable with. So, I’m
struggling here whether I’m going to support any increase whatsoever, because as
I look at the numbers and I think of some of my constituents that are pretty
adamant. I’m bothered by this whole thing right now. And I’m not convinced that
we have enough information to make a good decision. I know, I don’t have
enough information to make a—to approve a substantial tax raise. I’m not sure
that we’re going with this. But that is the thing; if we’re going to vote then I’m
going to have to not support it, because we don’t have enough information for a
good decision. So, I yield, like I said, I’m bothered by this.
CHR. POINDEXTER: Okay. Council Member Chung.
MR. CHUNG: I certainly understand Mr. Richards’ concerns. We could
certainly postpone this. It’s not like this is tied into the budget or anything like
that. We have some time. Ms. O’Hara also asked for something similar and we
can wait to see what the Mass Transit has to say. I wanted to talk about
Ms. O’Hara’s proposal, just some features. First of all, I’m in agreement with it.
I don’t know if I’m really fond of the 23 cents per gallon that the Mayor had
proposed. I know that’s what you’re trying to achieve; get it up to what he had
proposed. But, when I look at it in comparison to the rest of the state, Maui really
is on the high end. The rest; City and County, 16, County of Kauai, 17, I really
don’t know what the state of their roads are. I haven’t been to Kauai for a long
time, but it still gives us time, though, to move it back down. Its three years,
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Hawaiʻi County Council-15 June 7, 2017
hence, but what I’m worried about are these conditions. Particularly this one:
information on how money will be equitably distributed to all districts.
Now, we’re all seeking equitable distributions, but what I would hope we could
work on is to just have the information on how money will be distributed to all
districts. The reason why I say that is, first of all, and I don’t want to sound like
this is a Hilo money grab or anything like that, but it really is for the urban centers
of this island; Kona and Hilo. Other district’s residents come into these areas and
they tax the infrastructure here. It’s not like I’m going to Puna or Hāmākua a lot.
I do go just to check out what is going on, but I don’t go there on a regular basis.
That’s not my work place, whereas the other districts come into this area. But at
the same time—see so once things are fixed up over here, I don’t mind saying
maybe we got to start moving more stuff out into the other areas. But, I’m kind of
worried if it’s going to be an equitable distribution. I know that’s what we strive
for, but in reality there are other considerations we have to look at, I think. Let’s
see. I like the specific transportation projects to be funded in each district, but I
would hesitate to support that if it means we have to give it 100 percent
specificity. We have to give some discretion to the department, so some padding
they can use it for things as they come up. That’s just my concerns. I don’t think
this is going to move for final approval today. I could be wrong. I’m ready to
support Ms. O’Hara’s amendment, but I think it still needs tweaking or maybe
further discussion. Thank you.
CHR. POINDEXTER: An option would be voting it through and then postponing
it. Up to you guys. Council Member Lee Loy, I’ll go to you first.
MS. LEE LOY: Thank you, Chair. And, again, Mr. Chung is a mind reader. I
appreciate the measurable in this, but I didn’t appreciate the equitable model,
because Hilo has more street lights, Hilo has more cross walks, Hilo has more.
But, it’s because we are urban. So, I don’t ever think we’re going to get to an
equitable distribution. We’re city; you guys are country, I mean, not going have
traffic lights out in the country. I do have a question for our clerk. My
understanding is if we amend this resolution, I believe we have to take it out for a
second public hearing. So, is that accurate?
MR. HENRICKS: Yeah. The State law is clear, public hearing on proposed
rates. So if you change it; public hearing. If you change it, again; public hearing.
So, you cannot adopt anything, other than what the Mayor has proposed today.
CHR. POINDEXTER: Okay. With that said, then, think about if we should—this
is food for thought. If we adopt what that is so far and postpone it, do we still
have to go to public hearing because we changed the amendment to it? We can
already go for a public hearing while it’s postponed, because we adopted the
amendment?
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Hawaiʻi County Council-15 June 7, 2017
MR. HENRICKS: If you guys adopt different rates today, then I believe what we
have calendared was, we can do a public hearing on the 22nd. Not that it’s
urgent, but it’s certainly isn’t something we want to put off until future fiscal
rd
years. Then, you guys can consider and adopt the rates on the 23, that’s of this
month. Now, if you wanted to make text changes to the resolution and amend it
further, I don’t think that would be a problem because as long as you don’t change
rd
the numbers. So, you could make changes to the text of the resolution on the 23
and if you are satisfied with the rates that are in there after the public hearing, you
rd
could adopt it with those text changes on the 23.
CHR. POINDEXTER: Okay. Council Member Lee Loy. You have the floor.
MS. LEE LOY: Thank you. I’m not in favor of the Mayor’s proposal. So
whatever we do it will be something different, so we’re going to have to go to
public hearing. As a matter of being able to have that conversation, I could
support Ms. O’Hara’s amendment but I would like to see the textual edits just
because I don’t think we’re going to every really be able to achieve that
measurable. In similar, the projects being funded; I would want to see an annual
project funded list or something along that lines. That’s where I’m at. I still
have, you know, a lot of heartburn. We raised taxes on Monday and now this.
Going forward in future budgets, I’m going to be looking seriously at some
expenditure cuts. This is not where I want our community to be going. That’s
how I feel. I think there is safety net issues that we have to address with the fund
balance in that department. I mean, we all have checkbooks, and we all have
savings and some have less than others. And clearly, the Highway fund is
scratching into their savings and, you know, we are going to see even bigger
problems. That’s where I’m at, I want to continue this conversation, I’m not
going to support the Mayor’s proposal, and will actually support another proposal
and go through public hearing process to get more feedback. Like Aaron said,
you know, good information helps us make good decisions and that’s where I
really want to be thank you.
CHR. POINDEXTER: Thank you. Council Member Richards.
MR. RICHARDS: I’m thinking along the same lines as Council Member Lee
Loy. I won’t be supporting the Mayor’s—but I still think we’re jumping too hard,
too fast and I won’t be able to support that either. I’m not sure what the
procedure in how we’re going to get this accomplished. Maybe it’s because, like
I said the original proposal is on the floor, I can work with that one but currently,
I’m not going to be able to work with that. I know we’re going to have to go back
out for public review, assuming we keep the current one on the floor. It is just
that given the fact we didn’t cut anything on the other side or minimal cuts,
constituents were loud and clear they said cut something and we’re not doing that.
I have a problem with that. I yield.
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Hawaiʻi County Council-15 June 7, 2017
CHR. POINDEXTER: Council Member O’Hara, I’m sorry, Council Member
Chung first.
MR. CHUNG: I’m going to try to frame my comments within the context of this
amendment, but I wanted to continue what I had said earlier. I really want to—I
know it’s the hardest thing to do right after I gave Jen some heartburn relating to
her thing about the Puna discrimination and all that stuff. But, you know, it
really—I think we can still help Puna roads but it has to be within the context of
the CIP (Capital Improvement Project). I will tell you right now, I’m not looking
for any CIP road projects in my district. I mean, if you want to put stuff and put it
in a bond—I will support it. But I want to make sure all of you understand how
important it is for the urban cores of this island to get their roads fixed, it’s not
only because we have the most street lights and all of this that we are the most
needy. Everybody is coming into these areas, but I give you my word, whatever
you guys come up in terms of trying to fix roads in your area; you have my
support. But, I think, now getting to Mr. Richards’s question, maybe we should
just, you know, we had a great discussion today. We know where everyone
stands more or less on the issues. Maybe now we should just think about things
or maybe just postpone this for a week or two. I don’t know what kind of
timetable we’re looking at, but I just don’t think it’s tied into anything like the
budgets. So, why don’t we just wait a little while, if that is okay?
CHR. POINDEXTER: Okay, let me go to Council Member Ruggles first.
MS. RUGGLES: Thank you. I just wanted to bring up that by U.S.D.A. (United
States Department of Agriculture) standards; Puna is an urban area because our
population has superceded 50,000. The reason we don’t have a lot of old
people—we do have a comparable amount of County roads. But the reason we
actually use Hilo’s roads is not because we want to but because we have no
choice, we have no infrastructure, we have no economy, so I just wanted to bring
that up. Thank you.
CHR. POINDEXTER: Council Member O’Hara then Council Member Chung.
MS. O’HARA: Build it and they will come. Really, we have to create the
infrastructure for the economy that Puna needs and I’m actually with you on that,
Ms. Ruggles. We don’t have the services in our community. We can’t have
additional medical services like dialysis, in Pāhoa. How many people come from
my district and drive all the way into Hilo to have dialysis? A lot because we
don’t have a sewage system and you can’t deal with medical waste without
building a substation for Pāhoa, so we’re trying, we’re moving on these things,
but it’s still going to take time. That is what is needed to do the economic drivers
that we need for our district, so I’m with you. I’m perfectly happy to take out the
word equitably—let’s be honest, I didn’t write this; my legislative assistant did.
She’s wonderful, she does a great job, and I just found out her intention was
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Hawaiʻi County Council-15 June 7, 2017
equitably distributed by the percentages that you already referred to, but that was
a lot of language to put in there, so she cut that part out. I’m perfectly willing to
wordsmith and take out the word equitably. And as far as Ms. Lee Loy points
out, yeah, the third bullet could read transportation projects to be funded in each
district annually. I don’t need specific—that level of specificity on each district
so, I’m willing to do whatever wordsmithing, but I’m not willing to put this off
and keep coming back to the table and force the departments to come in.
I would like to lay our next year’s budget, pretty much to rest, because there’s a
lot of other actions that I’m trying to get working on for my district and for the
island. This has taken and consumed most of the last two months, as far as I’m
concerned, so I would love to be able to put this behind us, move on—I
understand if we do change rates, we have another hearing but we have a date
that, I guess, will work for everybody. I hope so, and keep us kind of on target.
So, I’m more inclined to deal with it today. No one in my district is happy about
fuel tax increases. I’m not even happy about them but I understand the need. All
I need to do is look around in my district at the state of the roads, the lack of Mass
Transit, and I know we need to do something. So, I’m willing to do it as long as
we do it responsibly and in a staggered manner so it’s not such a big hit all at once
and people are prepared for it. The worst thing government can do is to increase
uncertainty in terms of the economic cost, whether it’s the household budget or
the business budget.
So, I really understand that and I want to stay very—I applaud along very slowly
and deliberately, as you have probably have figured out by now. And to me, this
is just too radical an increase all at once for our population. That’s why I came in
with this amendment. So I’m perfectly happy to wordsmith it if that’s what is
required, but I would like to get this resolved. Thank you.
CHR. POINDEXTER: Council Member Chung.
MR. CHUNG: If Ms. O’Hara is willing to do that, I’ll vote for it today. My now
my question is, what law is it that requires us to have public hearing every time
we amend? I just wanted to make sure.
MR. HENRICKS: If you look at 243-5, in those books that we got over there for
these purposes.
MR. CHUNG: You guys can talk some more while I’m looking at this.
CHR. POINDEXTER: Then we’re going to run through everything, right? We
are going to take a short break after we vote on something and then come back.
Did we find it yet? Council Member Lee Loy, while Council Member Chung is
looking it up.
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Hawaiʻi County Council-15 June 7, 2017
MS. LEE LOY: After listening to everybody, I think we need a deferral. There is
too much going on; we need to settle things down a little bit. What Ms. O’Hara
said about creating uncertainty; I don’t want to create that. I want to create
expectation and the expectation is, you know, we’re going to do this. We didn’t
have much time with the budget and, now, as freshman Council Members, we’re
going to have a whole year to take a good hard look at that budget. So, I would
support a deferral at this time or a postponement or if we end up adopting
something like this today, we have to take it out to public hearings. I want to
slow this down just a little bit.
CHR. POINDEXTER: Think about that because those are the things that are on
the table right now; do we go to public hearing and allow the public to chime in
so that when we come back we can make better decisions, or do we just defer it as
is and we’re not going to go to a public hearing because nothing has changed?
We only go to a public hearing when something has changed. So, then, if we
defer it, then we don’t have a public hearing, we wait until we come back, and if it
changes then we go to public hearing that may take some time. So, the other
option is maybe choosing something that makes a change that we force the public
hearing and come back and discuss again. Then, if we have to go to another
public hearing, so be it. So, those are the options. We need to think about which
is the best option for the public to chime in. Council Member Chung.
MR. CHUNG: I think on this one I will defer to the Corporation Counsel and
whatever he says is fine with me, because this thing is susceptible to at least two
interpretations. Okay and my reading might be different from his. I’m not taking
the safe approach. It just says here—sorry my eyes; no resolution shall be
adopted until the County or the City Council shall conduct a public hearing on the
amount of tax proposed. We did that already. There was an amount proposed
and we had the hearing. Now we’re going to change the proposed amount, but
it’s not proposed. I mean, we did it once, that is enough already.
CHR. POINDEXTER: So, do you want to call the Corp Counsel up?
MR. CHUNG: Yeah but whatever he says is fine. If we need to have a public
hearing every time a new number or a new rate is put in, then, well, so be it.
CHR. POINDEXTER: Okay. Mr. Kamelamela.
MR. CHUNG: I think the whole intent of this thing was to have a public hearing.
We’re going lower than what was proposed but, actually, there may be some
people who might.
CHR. POINDEXTER: Okay. Mr. Kamelamela, do you want to respond to
Council Member Chung.
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Hawaiʻi County Council-15 June 7, 2017
(Note: At this time, Corporation Counsel Joseph Kamelamela came
forward to address the members of the Council.)
MR. KAMELAMELA: Good afternoon Chair, and Members of the County
Council. Joseph Kamelamela, Corporation Counsel. Yes, when I first looked at
the statute, I was kind of thinking like Aaron before, but when we interpret
statutes like this, it’s very strict. You have to go with what the language states.
So that this language says it’s what’s proposed. So, what something like this
does, it says then, the only option is to vote up and down. So what I actually did,
Aaron, so that I feel a little bit more comfortable, I actually have a friend who
works with the Council Services in Honolulu and I asked him about this session.
He said, you know, Joe that’s the right thing that you’re saying, although it may
appear to be impractical. He said, Joe do the right thing. So, the way that I
interpret this is the same way that I would interpret the process that’s in the statute
for real property tax increase that you went through the exercise on Monday,
because if you look at that statute, it talks about sending out a public notice. Then,
it, too, says tax rate or range of tax rate. And so, I actually got some questions
from people as to what that means. What if you go below or above the range and,
again, I conferred to my friend in Honolulu and he says that’s it Joe, that is how
you read the statute. You don’t go below or above the range. So these statues are
very strict, so. Yes, if you are going to go at a rate that was proposed different
from the Mayor and you go out for another public hearing and you do the public
notice and specify what the proposed rate is.
CHR. POINDEXTER: Okay. Council Member Chung.
MR. CHUNG: Okay. All I wanted you to say was whether we needed another
one or not, because you went a little too far and made me kind of uneasy. We
work hard on that rate and that’s all I’m going to say right now.
MR. KAMELAMELA: I apologize for going that far.
MR. CHUNG: Because that really opens—I will not say another word.
CHR. POINDEXTER: Okay. Council Member David.
MS. DAVID: Yes, I think we’re discussing whether or not to postpone or amend?
Yeah, then, I think I would really like to see any proposed amendments before I
vote on this. I know the rates, so I think that would be my position. I think I
would rather wait to see what the amendments are going to be. Thanks. Oh,
considering, it’s not tied to the budget. So, I don’t see any cause to rush this
through. I would like to see a complete document. Thanks.
CHR. POINDEXTER: Okay. Council Member O’Hara.
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Hawaiʻi County Council-15 June 7, 2017
MS. O’HARA: Those two amendments removing the word equitable and adding
the word annually to the second bullet have been made. They were sent to
Earlanne just a few minutes ago. So if we were to wait a few minutes we could
look at the finished product, if that’s what you would like to do?
CHR. POINDEXTER: You want to recess this to the end of the agenda?
MS. O’HARA: That would be really good.
CHR. POINDEXTER: Okay.
MS. O’HARA: Let’s do that.
CHR. POINDEXTER: I don’t need a motion—
MS. O’HARA: I do also have the second question for Mr. Kamelamela. I’m
sorry, I was confused by that. When you are taking about a range, what range are
we talking about? Oh, I see. Okay. Got you, then we have to have another
hearing. I just want to remind people, as Council Member Richards often does,
about the cost of sitting here. What is it, six dollars a minute or something?
CHR. POINDEXTER: We go through this every year, we discuss how much.
MS. O’HARA: I know we do, but let’s not keep doing it and doing it. Let’s just
maybe have to go out one more time, but let’s not keep doing it if we can prevent
that. That’s all I got to say, so I would like to defer this to the end of the agenda if
we can.
Motion to Table: Ms. O’Hara moved to table Res. 212-17, to the end of the agenda.
Seconded by Mr. Kanuha and carried by the following voice vote:
Ayes: Council Members David, Eoff, Kanuha, O’Hara,
Richards, Ruggles, and Chair Poindexter – 7.
Noes: None.
Absent: Council Members Chung and Lee Loy – 2.
Excused: None.
CHR. POINDEXTER: Okay, so I’m going to take a ten-minute recess.
Recess: At 3:29 p.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 3:40 p.m.
CHR. POINDEXTER: I call this meeting back to order. Okay, so now we are
on—Mr. Clerk, Resolution 215-17.
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Hawaiʻi County Council-15 June 7, 2017
Res. 215-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO ASSIST WITH ROADWAY
DRAINAGE IMPROVEMENTS IN COUNCIL DISTRICT 2
Transfers $9,000 from the Clerk-Council Services – Contingency Relief
account (Council District 2); and credits to the Department of Public Works,
Transfer to Capital Project Fund - General account (Lei Lehua Street Drainage
Improvements).
Reference: Comm. 296
Intr. by: Mr. Chung
Motion to Approve: Mr. Chung moved to adopt Res. 215-17. Seconded by Ms. David.
CHR. POINDEXTER: Council Member Chung.
MR. CHUNG: Moving monies from my contingency to some other account.
CHR. POINDEXTER: Thank you. Okay, any questions or discussion? Seeing
or hearing none, all those in favor say “aye.”
Vote on Res. 215-17: The motion to adopt Res. 215-17 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards, Ruggles,
and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: Mr. Clerk, Resolution 217-17.
Res. 217-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT FOR PARK IMPROVEMENTS AT
EXISTING PARKS AND THE DEVELOPMENT OF NEW PARK
FACILITIES IN COUNCIL DISTRICT 9
Transfers $12,000 from the Clerk-Council Services – Contingency Relief
account (Council District 9); and credits to the Parks and Recreation, Transfer
to Capital Project Fund - General account.
Reference: Comm. 298
Intr. by: Mr. Richards
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Hawaiʻi County Council-15 June 7, 2017
Motion to Approve: Mr. Richards moved to adopt Res. 217-17. Seconded by Ms. Eoff.
CHR. POINDEXTER: Council Member Richards.
MR. RICHARDS: Yeah, this is funds coming from my contingency and going to
parks, and this is for a collection of different things. This was the easiest way to
get it done to keep the paperwork minimal, but this is for Kamehameha Park; this
is for Waimea Park, to try and get things done. So, I ask for your support.
CHR. POINDEXTER: Thank you. Any questions or discussion? Seeing or
hearing none, all those in favor say “aye.”
Vote on Res. 215-17: The motion to adopt Res. 215-17 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards, Ruggles,
and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: Okay, Mr. Clerk, Resolution 220-17.
Res. 220-17: AMENDS RESOLUTION 189-17 AUTHORIZING THE PAYMENT OF
FUNDS OF A LATER FISCAL YEAR FOR A MULTI-YEAR AGREEMENT
WITH THE STATE OF HAWAI‘I EMPLOYEES’ RETIREMENT SYSTEM
(ERS)
Amends Resolution 189-17 to correctly reflect a four-year agreement.
Resolution 189-17 was adopted by the Council on May 3, 2017, to authorize the
Mayor to enter into a three-year lease agreement with ERS to obtain
information provided by the ERS actuary needed for the County’s financial
statements.
Reference: Comm. 302
Intr. by: Ms. David (B/R)
(Note: Comm. 302.1, from Council Member David dated May 31, 2017,
transmitting proposed amendments to Res. 220-17, was circulated.)
MS. DAVID: Mr. Clerk, I have a question. Do I just do the motion to approve
the reso first, right?
MR. HENDRICKS: Adopting the resolution will make the corrections unto itself.
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Hawaiʻi County Council-15 June 7, 2017
MS. DAVID: Okay.
Motion to Approve: Ms. David moved to adopt Res. 220-17. Seconded by Mr. Kanuha.
CHR. POINDEXTER: Council Member David.
MS. DAVID: This is just to amend the enacting clause. Very simple amendment.
CHR. POINDEXTER: Okay, any discussion? Seeing or hearing none, all those
in favor say “aye.”
Vote on Res. 220-17: The motion to adopt Res. 220-17 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards, Ruggles,
and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
MS. DAVID: Excuse me, Chair. I also on request of Finance Deputy Director, I
want to waive the five-day holdover period so this can be processed. Thank you.
Motion to Suspend Ms. David moved to suspend Council Rule 15 to waive the five-day
Council Rules: hold for reconsideration. Seconded by Mr. Kanuha and carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards, Ruggles,
and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: Mr. Clerk, Resolution 224-17.
MR. HENRICKS: We covered 221? Okay, I’m going to go to 221, if that’s
okay?
CHR. POINDEXTER: Oh, 221, I’m sorry. I don’t know why I had it circled.
Okay, go ahead Mr. Clerk, Resolution 221-17.
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Hawaiʻi County Council-15 June 7, 2017
Res. 221-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM
THE DESIGNATED FUND ACCOUNT(S) AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT(S)
Transfers $6,500 from the Parks Maintenance Other Current Expenses account;
and credits to the Transfer to Capital Projects Fund account. Funds would be
used for materials and supplies to build an enclosed dog park at Kamakoa Nui
Park in Waikoloa Village.
Reference: Comm. 303
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to adopt Res. 221-17. Seconded by Ms. Ruggles.
CHR. POINDEXTER: Council Member David.
MS. DAVID: Thank you, but I just wanted to make one comment before I yield
to you that this was requested a waiver so that the transfer can take place during
this fiscal year, so. Go ahead, Mr. Richards.
CHR. POINDEXTER: Okay. Council Member Richards.
MR. RICHARDS: Yeah this is a goofy one. Okay, so what this is, this is
something I inherited. This is a transfer of funds for the dog park in Waikoloa
and those funds, of 6500, is for my predecessor’s CRF (Contingency Relief
Funds). The reason we were doing this is otherwise the funds were going to lapse
and his has to do with trying to sort through this. I’ve worked with Parks and
Recreation and based upon the Hawaii Code of 2005 edition, as amended, which
is the supplemental and I don’t know which numbers you want here but I can give
this to you. Essentially, it will allow dog parks in County parks, if they’re
specifically designated—the area specifically designated by Council. And so, in
working with the Parks and Recreation a Resolution 572-16 was passed. It is for
approximately 15,000 square feet, which is roughly speaking about 15,000 feet of
fencing, which costs, and they already priced this, which is about $15,000. So we
don’t have enough funding to get this done at this point, but the whole idea is to
make sure those funds stay and are available to do this. So, that’s why the
transfer is coming through and we’re still sorting through the process. The dog
park will not be done until it gets specific approval coming before the Council.
With that, I ask for your support, so we can hang onto those funds.
CHR. POINDEXTER: Thank you for that explanation. Council Member
O’Hara.
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Hawaiʻi County Council-15 June 7, 2017
MS. O’HARA: I just wanted to ask Council Member Richards if he’s working on
that additional approval, whatever the resolution that we need to pass or code
change that we need to pass? You’re working on that?
MR. RICHARDS: Not as of yet. The budget was the first thing. I had meetings
a couple of weeks ago to sort through this and figure this out. I just got—and
Director Kamaka was going to be here, but being that we’re a little tied up with
previous conversations I said I would present it. Part of the problem is we have a
$15,000 estimate, so we’re about $11,000 short number one. And we still have to
work on the Friends of the Park agreement and all that sort of stuff. So there’s a
bunch of processes, but I am working with Parks and Recreation to keep that
process going.
MS. O’HARA: Okay. I guess what my question though was; do we have
something that prevents us from dog parks in the Code? No, okay, because we
have dog parks, a couple other ones.
MR. RICHARDS: It’s in the Code. It has to be specifically identified and
approved by the Council.
MS. O’HARA: Each dog park?
MR. RICHARDS: Yes.
MS. O’HARA: Okay. Great, that’s what I was asking. Thank you.
CHR. POINDEXTER: Okay, any other questions? Seeing or hearing none, all
those in favor say “aye.”
Vote on Res. 221-17: The motion to adopt Res. 221-17 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards, Ruggles,
and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: Mr. Clerk, Resolution 224-17.
MR. HENRICKS: Before we move on, I understand now what Council Member
David was getting to. Not only did Resolution 220 amend a previous resolution,
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Hawaiʻi County Council-15 June 7, 2017
but there was an amendment for that and I understand now, where she was going.
So, pardon me for moving too quickly. Can we get a motion to reconsider the
vote on Resolution 220-17?
Motion to Reconsider: Mr. Kanuha moved to reconsider the vote taken on Res. 220-17
on June 7, 2017. Seconded by Ms. Eoff.
CHR. POINDEXTER: Okay, all those in favor, to reconsider, say, “aye.”
Vote on Motion to: The vote to reconsider the vote on Res. 220-17 on June 6, 2017,
Reconsider: was carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards, Ruggles,
and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: Okay, so now we’re back to Resolution 220-17. Council
Member David.
MS. DAVID: Thank you. Hana hou.
Motion to Amend: Ms. David moved to amend Res. 220-17 with the contents of
Comm. 302.1. Seconded by Ms. Eoff.
CHR. POINDEXTER: Council Member David.
MS. DAVID: Yes—just want your support.
CHR. POINDEXTER: Okay, are we all good? No other questions, okay, all
those in favor say “aye.”
Vote on Motion to: The motion to amend Res. 220-17 with the contents of
Amend: Comm. 302.1 was carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards, Ruggles,
and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: Now we’re back as amended that we have to vote on—
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Hawaiʻi County Council-15 June 7, 2017
MR. HENRICKS: —if you could request a motion to suspend the rules to allow
for a vote on this today, as it has been amended.
CHR. POINDEXTER: Okay, so it’s been moved by Council Member Eoff,
seconded by Council Member Richards on Rule 24 so that we don’t have to wait
until next Council meeting to discuss it. So now we’re back on the main motion
of 220-17, as amended, with the contents of 302.1.
MR. HENRICKS: You didn’t take a vote on the suspension, unless I didn’t hear
it?
CHR. POINDEXTER: Oh, I’m sorry. On the suspension of the rules, all those in
favor say “aye.”
Motion to Suspend Ms. David moved to suspend Council Rule 24 to waive the
Council Rules: holdover for the amendment of Res. 220-17. Seconded by
(Approved) Mr. Richards and carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards, Ruggles,
and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: We’re back to Resolution 220-17, as amended, with the
contents of 302.1. Are there any questions or discussion? Seeing or hearing
none, all those in favor say “aye.”
Vote on Motion to The motion to amend Res. 220-17, as amended to Draft 2,
Amend: was carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards, Ruggles,
and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: Okay, Resolution 224-17.
MR. HENRICKS: Shall we consider that the previous vote to suspend the rules
on five-day reconsideration still applies for the record? Works for me works for
you, everybody good with that? Okay, works for me too. Now we go to 224 I
believe? Okay.
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Hawaiʻi County Council-15 June 7, 2017
Res. 224-17: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO A
MEMORANDUM OF AGREEMENT (MOA) WITH THE STATE OF
HAWAI‘I DEPARTMENT OF HEALTH, PURSUANT TO HAWAI‘I
REVISED STATUTES SECTION 46-7, FOR FUNDS TO PROVIDE
COMPLETE STREETS TRAINING AND CAPACITY BUILDING FOR
HAWAI‘I COUNTY STAFF
Authorizes the Mayor to enter into an MOA with the State’s Department of
Health to accept $24,500 to provide training and capacity building for County
staff.
Reference: Comm. 305
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to adopt Res. 224-17. Seconded by Mr. Kanuha.
CHR. POINDEXTER: Council Member David.
MS. DAVID: Yes, thank you. I believe we have Aaron Brown here, if anyone
has questions regarding this resolution for the Complete Street Policy
Memorandum of Agreement that you folks are entering into, so.
CHR. POINDEXTER: Okay. Anybody has any questions or concerns?
MS. DAVID: If not, I ask for your support.
CHR. POINDEXTER: Okay, seeing and hearing none other questions or
discussion, all those in favor say “aye.”
Vote on Res. 224-17: The motion to adopt Res. 224-17 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards, Ruggles,
and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: Mr. Clerk, Resolution 225-17.
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Hawaiʻi County Council-15 June 7, 2017
Res. 225-17: APPROVES THE HAWAI‘I STATE ASSOCIATION OF COUNTIES
(HSAC) NOMINEES TO THE NATIONAL ASSOCIATION OF COUNTIES
(NACo) BOARD OF DIRECTORS AND THE WESTERN INTERSTATE
REGION (WIR) BOARD OF DIRECTORS FOR FISCAL YEAR 2017-2018
Requests the Council’s approval of the following HSAC nominations: 1)
NACo Board of Directors: Arryl Kaneshiro, Kaua‘i County Council; and
Ikaika Anderson, Honolulu City Council; and 2) WIR Board of Directors:
Mike White, Maui County Council; and Dru Kanuha, Hawaiʻi County Council.
Reference: Comm. 310
Intr. by: Mr. Kanuha
Waived: GREDC
Motion to Approve: Mr. Kanuha moved to adopt Res. 225-17. Seconded by Mr. Richards.
CHR. POINDEXTER: Council Member Kanuha.
MR. KANUHA: Thank you. Because we are moving into a new fiscal year, we
just had to redo the resolution, adding the names. Again, we’ve done this
previously when we first went into office, but this is just—we have to do it again.
So, it’s a continuation of what we already currently have.
CHR. POINDEXTER: Okay, any other questions or discussion? Seeing or
hearing none, all those in favor say “aye.”
Vote on Res. 225-17: The motion to adopt Res. 225-17 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards, Ruggles,
and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: Mr. Clerk, Bill 39.
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Hawaiʻi County Council-15 June 7, 2017
Bill 39: AMENDS ORDINANCE NO. 16-72, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2017
Appropriates revenues in the Federal Grants – Department of Public Works
(DPW)-Department of Health (DOH) Complete Streets account ($24,500); and
appropriates the same to the DPW-DOH Complete Streets - Federal account.
Funds would be used to provide Complete Streets training and capacity building
for County staff.
Reference: Comm. 306
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to pass Bill 39 on first reading. Seconded by Ms. Eoff.
CHR. POINDEXTER: Council Member David.
MS. DAVID: Thanks. This is a companion to Resolution 224 that we just
adopted, so I ask for your support.
CHR. POINDEXTER: Any questions or discussion? Seeing or hearing none, all
those in favor say “aye.”
Vote on Bill 39: The motion to pass Bill 39 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards, Ruggles,
and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: Mr. Clerk, Bill 40.
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Hawaiʻi County Council-15 June 7, 2017
Bill 40: AMENDS ORDINANCE NO. 16-72, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2017
Increases revenues in the State Grants – State Emergency Medical Services
(EMS) account ($1,309,036); and appropriates the same to the Fire EMS-
Salaries and Wages account. These additional funds are due to collective
bargaining increases for Fiscal Year 2016-17.
Reference: Comm. 307
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to pass Bill 40 on first reading. Seconded by
Mr. Kanuha.
CHR. POINDEXTER: Council Member David.
MS. DAVID: Yes, I believe this is the Hawai‘i Fire Department contracted by the
State Department of Health, regarding EMS (Emergency Medical Services) on the
island. This was due to collective bargaining increase of $1,309,036. So, I just
ask for your support.
CHR. POINDEXTER: Okay, any questions or discussion? Seeing or hearing
none, all those in favor say “aye.”
Vote on Bill 40: The motion to pass Bill 40 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards, Ruggles,
and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: Order of the Day, Second or Final Reading. Mr. Clerk,
Resolution 200-17.
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Hawaiʻi County Council-15 June 7, 2017
ORDER OF The Chair directed the Council to proceed to the next order of business,
THE DAY Order of the Day (Second or Final Reading).
(SECOND OR
FINAL READING):
Res. 200-17: AUTHORIZES THE ACQUISITION OF AN EASEMENT ON AND OVER
PRIVATE PROPERTY BY EMINENT DOMAIN OF A PORTION OF TAX
MAP KEY: 9-3-001:006, SITUATED AT PĀKINI IKI, DISTRICT OF KAŪ, ʻ
COUNTY AND STATE OF HAWAI‘I, FOR AN EXPANDED 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)
First Reading: May 17, 2017
Note: Second of two required readings,
Section 101-13, Hawai‘i Revised Statutes
Motion to Approve: Ms. David moved to adopt Res. 200-17 on second and final reading.
Seconded by Mr. Richards.
CHR. POINDEXTER: Council Member David.
MS. DAVID: Yes, if everyone recalls, this is what the County needs to replace a
tower due to corrosion. Ten the acquisition is to allow the County to maintain
their current operations until a new tower is completed. I ask for your support.
CHR. POINDEXTER: Council Member Richards.
MR. RICHARDS: Is anybody here to answer one quick question on that, or are
they not in the house?
MS. DAVID: I see Corporation Counsel coming forward.
(Note: At this time, Corporation Counsel Joseph Kamelamela came
forward to address the members of the Council.)
MR. KAMELAMELA: Good afternoon. Joseph Kamelamela, Corp Counsel.
I’m not sure if I can answer it, but I know that Mr. Ron Kim is at a meeting right
now. So, I will do my best.
MR. RICHARDS: Okay, my question was I know this was for a condemnation to
allow us to get into work on the tower and it’s because we are going through this
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Hawaiʻi County Council-15 June 7, 2017
because land owners wouldn’t allow the access to go through. And that troubled
me, because if I recall right, it was Kamehameha Schools, which surprised me. I
was just wondering if any of the conversations had gone further, because that
bothered me.
MR. KAMELAMELA: I know they had a meeting today. There is always going
to be discussions no matter where we are in the process. But if we were to delay
this action, it might impact timelines that we were kind of looking for. So, there
are discussions. I don’t know if right now, whether they’re giving us permission
to enter or not.
MR. RICHARDS: I’m not going to delay the action. I’m just bothered that they
haven’t come back. So, I’m not going to delay the action. I was just curious.
MR. KAMELAMELA: Okay, thank you.
CHR. POINDEXTER: Council Member Richards you still have the floor, are you
done? Okay, any other questions? Hearing or seeing none, all those in favor say,
“aye.”
Vote on Res.200-17: The motion to adopt Res. 200-17 on second reading and final reading was
(Adopted) carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards, Ruggles,
and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: Mr. Clerk, Bill 29, Draft 2.
Bill 29 AMENDS CHAPTER 2, ARTICLE 4, OF THE HAWAIʻI COUNTY CODE
(Draft 2): 1983 (2016 EDITION, AS AMENDED), BY ADDING A NEW SECTION
RELATING TO TEMPORARY POSITIONS
Requires the Human Resources Director to provide quarterly reports notifing
the Council of any person employed under a contract for less than 90 days if the
salary is $2,500 or more per month, and the temporary position is unrelated to a
state of emergency declaration.
Reference: Comm. 238.2
Intr. by: Ms. Lee Loy
First Reading: May 17, 2017
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Hawaiʻi County Council-15 June 7, 2017
Motion to Approve: Ms. Lee Loy moved to pass Bill 29, Draft 2, on second and final reading.
Seconded by Ms. David.
CHR. POINDEXTER: Council Member Lee Loy.
MS. LEE LOY: Thank you, Chair. I think we had a wonderful discussion at the
last meeting; I’ve incorporated everybody’s comments, and look forward to your
support. Thank you.
CHR. POINDEXTER: Okay, any other questions or discussion? Seeing or
hearing none, all those in favor say, “aye.”
Vote on Bill 29: The motion to pass Bill 29, Draft 2, on second and final reading was
(Draft 2) carried by the following voice vote:
(Adopted)
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards, Ruggles,
and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: Mr. Clerk, Bill 33.
Bill 33: AMENDS ORDINANCE NO. 16-72, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
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
County’s SRTS program.
Reference: Comm. 282
Intr. by: Ms. David (B/R)
First Reading: May 17, 2017
Motion to Approve: Ms. David moved to pass Bill 33 on second and final reading.
Seconded by Ms. Eoff.
CHR. POINDEXTER: Council Member David.
MS. DAVID: This passed first reading, I just ask for your support.
CHR. POINDEXTER: Okay, all those in favor say “aye.”
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Hawaiʻi County Council-15 June 7, 2017
Vote on Bill 33: The motion to pass Bill 33 on second and final reading was
(Adopted) carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards, Ruggles,
and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
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)
First Reading: May 17, 2017
Note: Requires 2/3 vote of the entire
membership to amend, pursuant to
Section 10-6(e), Hawai‘i County Charter
Motion to Approve: Ms. David moved to pass Bill 34 on second and final reading.
Seconded by Ms. Lee Loy.
CHR. POINDEXTER: Council Member David.
MS. DAVID: Yes. This is another one that passed first reading. So, I ask for
your support and I want to defer to Council Member Lee Loy after the vote.
CHR. POINDEXTER: Okay. You want to let her before the vote or after the
vote?
MS. DAVID: I think we need to vote on this and she will make the motion to
waive the 5-day hold.
CHR. POINDEXTER: Okay, all those in favor say “aye.”
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Hawaiʻi County Council-15 June 7, 2017
Vote on Bill 34: The motion to pass Bill 34 on second and final reading was
(Adopted) carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards, Ruggles,
and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: Council Member Lee Loy.
MS. LEE LOY: Thank you, Chair. Thank you for approving this. This is
actually going to go to a field right here in my district. So, I’m going to be
requesting a waiver of the 5-day hold.
CHR. POINDEXTER: Okay, that’s a motion to waive the 5-day holdover by
Council Member Lee Loy, seconded by Council Member Kanuha. All those in
favor say “aye.”
Motion to Suspend Ms. Lee Loy moved to suspend Council Rule 15 to waive the five-day
Council Rules: hold for reconsideration. Seconded by Mr. Kanuha and carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards, Ruggles,
and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: Mr. Clerk, can we do all the reports? I don’t think we can
do it all one time, yeah?
MR. HENRICKS: I would love to.
REPORTS: The Chair directed the Council to proceed to the next order of business, Reports.
FC-17 NOMINATION OF DR. SHARON BINTLIFF TO THE BOARD OF ETHICS
(Comm. 280):
Requires Council
Confirmation by: June 13, 2017 (Section 13-4(l),
Hawai‘i County Charter)
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Hawaiʻi County Council-15 June 7, 2017
CHR. POINDEXTER: Are we going to have to vote on this one
by one or can we do a group vote?
MR. HENRICKS: Rules require voting one singular votes for
each board or committee member.
CHR. POINDEXTER: Okay, so let me just ask—okay, so FC-17,
any discussion? Seeing or hearing none—
MR. HENRICKS: A motion and a second please?
Vote on FC-17: Mr. Kanuha moved to approve Finance Committee Report
(Adopted) No. 17. Seconded by Mr. Richards and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards, Ruggles,
and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
PC-14 NOMINATION OF ARNOLD RABIN TO THE KONA COMMUNITY
(Comm. 275): DEVELOPMENT PLAN ACTION COMMITTEE
Requires Council
Confirmation by: June 13, 2017 (Section 13-4(l),
Hawai‘i County Charter)
Vote on PC-14: Mr. Kanuha moved to approve Planning Committee Report
(Adopted) No. 14. Seconded by Ms. Eoff and carried by the following
voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards, Ruggles,
and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
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Hawaiʻi County Council-15 June 7, 2017
PC-15 NOMINATION OF JANICE PALMA-GLENNIE TO THE KONA
(Comm. 276): COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE
Requires Council
Confirmation by: June 13, 2017 (Section 13-4(l),
Hawai‘i County Charter)
Vote on PC-15: Mr. Kanuha moved to approve Planning Committee Report
(Adopted) No. 15. Seconded by Ms. Eoff and carried by the following
voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards, Ruggles,
and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
PC-16 NOMINATION OF SHIRLEY DAVID TO THE KONA COMMUNITY
(Comm. 277): DEVELOPMENT PLAN ACTION COMMITTEE
Requires Council
Confirmation by: June 13, 2017 (Section 13-4(l),
Hawai‘i County Charter)
Vote on PC-16: Mr. Kanuha moved to approve Planning Committee Report
(Adopted) No. 16. Seconded by Ms. David and carried by the following
voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards, Ruggles,
and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
PSMTC-1 NOMINATION OF COLLEEN J. PASCO TO THE POLICE COMMISSION
(Comm. 278):
Requires Council
Confirmation by: June 13, 2017 (Section 13-4(l),
Hawai‘i County Charter)
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Hawaiʻi County Council-15 June 7, 2017
Vote on PSMTC-1: Mr. Kanuha moved to approve Public Safety and Mass Transit
(Adopted) Committee Report No. 1. Seconded by Ms. David and
carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards, Ruggles,
and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
PSMTC-2 NOMINATION OF ANDI PAWASARAT-LOSALIO TO THE LIQUOR
(Comm. 279): CONTROL ADJUDICATION BOARD
Requires Council
Confirmation by: June 13, 2017 (Section 13-4(l),
Hawai‘i County Charter)
Vote on PSMTC-2: Mr. Kanuha moved to approve Public Safety and Mass Transit
(Adopted) Committee Report No. 2. Seconded by Ms. Lee Loy and
carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards, Ruggles,
and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: Now we are back to Resolution 212-17. We need to
motion it off the floor, back onto the table.
Motion to Remove from Mr. Kanuha moved to remove Res. 212-17 from the table.
Table: Seconded by Ms. David and carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Richards, Ruggles,
and Chair Poindexter – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. POINDEXTER: So we are now at Resolution 212-17. Council Member
O’Hara, I’m going to give you the lead.
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Hawaiʻi County Council-15 June 7, 2017
MS. O’HARA: Okay, I think where we left off was a request to see any
amendments in full, before we gave consideration. So, here they are. Hopefully,
we got everything right. You know, rush jobs being rush jobs and this has
removed the word equitably distributed to all districts. So it’s just distributed to
all districts in the second bullet on the second page and instead of specific, we
removed that word and its transportation projects to be funded in each district
annually. While we took a break I was able to discuss with our Deputy Director
of Finance and she felt that it was quite possible to be able to give all that
information. So, it won’t put any greater—on them. Now, I also checked with
her regarding the more graduated increase that this calls for, as to whether or not
this is going to put us into a bind financially. If Deanna wants to come forward,
she can speak for herself, but the response was no they can get by with this more
graduated increase. I feel more comfortable doing it this way because I think
we’re able to identify where the funds are going to be spent. Ramp up to being
able to use that level of funding, because sometimes we’re very ambitious and we
don’t always manage to get everything done that we want to see done. So, I think
this works better than the original proposal from the Mayor. It won’t be as harsh
on the residents who live on this island, in terms of the graduated increase. It’s
still an increase, we’re not happy about that, but it has been long overdue. I’m
really sorry that we waited this long and had to do big jumps rather than pennies
at a time. So, that’s what I’m offering up ad I ask for your support. Thank you.
CHR. POINDEXTER: Mr. Clerk?
MR. HENRICKS: Yeah, unless my record is incorrect, the motion is on the floor
is to amend with Communication 290.2. So, we would need that motion to be
withdrawn and you could make a fresh motion with the new communication
number.
MS. O’HARA: I made that motion so, I withdraw it. Okay. I’ll withdraw my
motion to amend with 290.2 and does the seconder have to agree?
MR. HENRICKS: No.
MS. O’HARA: Okay. Then, I will move to amend Resolution 212-17, with the
contents of 290.3.
Motion to Amend: Ms. O’Hara moved to amend Res. 212-17 with the contents of
Comm. 290.3. Seconded by Mr. Kanuha.
CHR. POINDEXTER: Council Member O’Hara? I think you kind of explained
that already.
MS. O’HARA: I kind of did. I jumped in before the motion. So, yeah, I think
we’ve talked about this already. We’re probably going to have a little more
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discussion, but I do ask for your support. I know there was some discussion
about, oh, let’s defer, I’m really not into deferring. I would like to get this behind
us. It’s not rushed decision making. We have known this is coming at us for over
a month; we’ve had fuel tax rate increase hearing, apparently, if we do propose
this today or adopt this proposal today, we still have to have that hearing before
we can finalize it. If I’m correct, is that right, Clerk.
MR. HENRICKS: That is the advice of our Corporation Counsel. Although there
may be some differing opinions.
MS. O’HARA: Well, differing opinions aside, let’s follow that protocol so we err
on the side of safety. I also heard from the Clerk that there is a possible date. Is
that the 22nd or something?
MR. HENRICKS: Yes, and to be candid, that is the proposed date. I really want
to make sure it’s not too soon from when this happened. I don’t think it is. I
think the statute allows us that, and I also think—believe that we can place this on
rd
the agenda for the 23 for decision making. So tentatively, public hearing on the
nd
evening of the 22, after our Committee meetings in Kona, and then, this will on
rd
the agenda for potential adoption or another amendment on the 23.
MS. O’HARA: That sounds like a doable schedule. That would coincide with
the end of the fiscal year, and give a clean wrap to everything. So up to you guys
what you want to decide, but that is what I’m putting on the table right now.
Thank you.
CHR. POINDEXTER: Council Member Ruggles.
MS. RUGGLES: Thank you. I’m sorry, if we do an amendment, it goes to public
hearing and then we will vote on it again.
MR. HENRICKS: Correct. What you would be doing right now is changing the
proposed rates, if you will. The HRS (Hawai‘i Revised Statutes) says that a
public hearing should be held for proposed rates. We did that, but we changed the
rates. So in abundance of caution, we’d hold another public hearing on the new
proposed rates, and you’d then have the opportunity to vote them up or down,
rd
amend them further, whatever you want. Again, tentatively, for the 23; a few
nd
more double checks to make sure we can have the public hearing by the 22.
Then, also just to clear that we can then, do decision making on the day following
the public hearing. It seems like it is very feasible at this point, but—so, 89
percent that is going to happen, not 8 or 9 but 89. That would be the plan as of
now, if you folks amend today.
MS. RUGGLES: Great, thank you.
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Hawaiʻi County Council-15 June 7, 2017
CHR. POINDEXTER: Council Member Richards.
MR. RICHARDS: Okay, thank you, and again, procedural question. So, we
accept this and it goes to public hearing and then the next day if we choose to
amend, then we’d have to go back to public hearing again, correct?
MR. HENRICKS: The cycle would continue.
MR. RICHARDS: Thank you.
CHR. POINDEXTER: Council Member David.
MS. DAVID: Thank you for asking that question Council Member Ruggles. So,
for the sake of voting on this resolution that lowers the rate and get this to public
hearing, I will be voting on this and supporting this, because I want to see what
happens at the public hearing also. Thank you.
CHR. POINDEXTER: Okay, any other discussion? Okay, so, all those in favor
of 212-17, with the contents of 290.3, say “aye.”
Vote on Motion to The motion to amend Res. 212-17 with the contents
Amend: of 290.3 was carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O’Hara, Ruggles, and
Chair Poindexter – 8.
Noes: Council Member Richards– 1.
Absent: None.
Excused: None
CHR. POINDEXTER: That was for the amendment. So, now we’re back to the
main motion, as amended. Now we need a motion—
MR. HENRICKS: We don’t, because this is one of the times where our rules
works for us, which says because it was amended we have to hold it over to the
rd
next meeting. So, it naturally will be on the agenda for the 23, as amended.
MR. KANUHA: Madam Chair, can I just clarify my vote on that? So, my vote
was to reduce what the Mayor was proposing to the rate that was introduced by
Ms. O’Hara?
CHR. POINDEXTER: Yeah.
MR. KANUHA: Thank you.
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Hawai`i County Council-15 June 7, 2017
CHR. POINDEXTER: That's why we're going to a public hearing. Okay, we're
going to just take a brief minute, oh, we're all good. Okay, can I have a motion to
adjourn?
REFERRALS FOR The Chair directed the Council to proceed to the next order of business,
EXECUTIVE Referrals for Executive Session.
SESSION:
(There were none.)
OTHER The Chair directed the Council to proceed to the next order of business, Other
BUSINESS: Business.
(There was none.)
ANNOUNCE- The Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
(There were none.)
ADJOURN- There being no other business, at 4:18 p.m., Ms. David moved to adjourn
MENT: the meeting. Seconded by Ms. O'Hara and carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Kanuha, Lee Loy, O'Hara, Richards, Ruggles,
and Chair Poindexter—9.
Noes: None.
Absent: None.
Excused: None.
AUG 1 6 2017
Council Approval:
CO d TY CLERK
SM/slm
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