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HomeMy WebLinkAboutMIN COUNCIL 2015/11/03 2014-2016 th 25 Session 25 Aupuni Street Hilo, November 3, 2015 INVOCATION: Pastor Bob Tominaga of Thy Word Ministries CALL TO order at ORDER: 9:03 a.m., in the Council Chambers, Hilo, by Mr. Dru Mamo Kanuha, Chair. ROLL CALL: Present: Mr. Dru Mamo Kanuha, Chair Ms. Valerie T. Poindexter, Vice Chair Mr. Aaron S. Y. Chung, Member Ms. Karen Eoff, Member (via videoconference from Kona) Mr. Greggor Ilagan, Member Mr. Danny Paleka, Member Ms. Margaret Wille, Member CHR. KANUHA: Thank you very much. And I also have a memo from Ms. Eoff. She will be in Kona today. She had some previously scheduled meetings and time constrictions to stay in Kona for this Members. PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, Mr. Paleka led the Council in the Pledge of Allegiance.) CHR. KANUHA: Ms. Wille. MS. WILLE our combining these two meetings today, but I did have one item of mine scratched and removed CHR. KANUHA: From Council? -25November 3, 2015 MS. WILLE: And fromwell, this is from the committee, but it has to do with that eliminated and lit off until next time. CHR. KANUHA know MS. WILLE CHR. KANUHA: Maybe when we go into committees, we can bring that up. MS. WILLE: Okay, thank you. CHR. KANUHA going to go into Statements from the Public on agenda items. PETITIONS, The Chair directed the Council to proceed to the next order of business, MEMORIALS, Petitions, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (There were none.) EXPRESSIONS OF CONDOLENCE: STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Kamalei Hayes: Res. 324-15 (Comm. 537), comment. (representing Ke Kula ) Storm Steiger: Res. 314-15 (Comm. 517), in support. (representing the Puna Lions Club) Judie Fekete: Res. 268-15, Draft 2 (Comm. 448.6), comment. (representing the Daifukusi Soto Mission) Curtis Tyler: Bill 91 (Comm. 467), comment. Page 2 -25November 3, 2015 Lisa Andrews: Bill 37, Draft 5 (Comm. 231.22); and Bill 100 (Comm. 493), in support. Aelbert Aehegma: Res. 283-15 (Comm. 471), comment; Res. 287-15 (Comm. 476); in support; Res. 319-15 (Comm. 527), in support; Bill 37, Draft 5 (Comm. 231.22); in support; and Bill 100 (Comm. 493), comment. Darcy Perez: Res. 324-15 (Comm. 537), comment. (representing Ke Kula Joy Cash: Res. 268-15, Draft 2 (Comm. 448.6); in support; Res. 283-15 (Comm. 471), in support; Bill 37, Draft 5 (Comm. 231.22), in support; Bill 100 (Comm. 493), in opposition; and Bill 103 (Comm. 497), comment. Ray Schaffer: Bill 100 (Comm. 493), in support. Elizabeth Douris: Bill 100 (Comm. 493), in support. Mark Hinshaw: Res. 315-15 (Comm. 518), in support. Dr. Leonard Horowitz: Bill 37, Draft 5 (Comm. 231.22), in support. Paul Komara, Jr.: Bill 37, Draft 5 (Comm. 231.22), in support. Joe Pierce: Res. 268-15, Draft 2 (Comm. 448.6); Bill 37, Draft 5 (Comm. 231.22); Bill 103 (Comm. 497); and Bill 112 (Comm. 533), comment. Sherri Kane: Bill 37, Draft 5 (Comm. 231.22), in support. CHR. KANUHA: on with our agenda. Mr. Ilagan. MR. ILAGAN: Mr. Chair, is it possible to have a two minute break? CHR. KANUHA: Sure, we can take a brief recess before we move on with the agenda. MR. ILAGAN: Thank you. Page 3 -25November 3, 2015 Recess: At 10:02 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 10:10 a.m. APPROVAL OF The Chair directed the Council to proceed to the next order of business, MINUTES: Approval of Minutes. (There were none.) COMMUNI-The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. (There were none.) CHR. KANUHA: Mahalo, everybody. We are coming out of recess. Mahalo for your patience. We just ended public testimony, and we will begin with the Order of Resolutions. I will start with Resolution 323, I know they have to get back to teaching their classes. So, I really wanted to get them back to the kids. Resolutionoh sorry, 324. Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following items were taken out of order: Res. 324-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO CHARTER SCHOOL Transfers $15,000 from the Clerk-Council Services Contingency Relief account (Council District 5); and credits to the Liquor Control, Public Programs account. Reference: Comm. 537 Intr. by: Mr. Paleka Motion to Approve: Mr. Paleka moved to adopt Resolution 324-15. Seconded by Ms. Poindexter. CHR. KANUHA: Go right ahead, Mr. Paleka. MR. PALEKAor this program. If Darcy or Ms. Hayes wants to come up and add a little bit more information regarding this program of Ohana Nights? Page 4 -25November 3, 2015 CHR. KANUHA: And again, if you could restate your name for the record, really appreciate it. (Note: At this time, Kamalei Hayes came forward to address the members of the Council.) MS. HAYES been doing it for many years, a families. But this year, we wanted to add on an additional night for our families so that they can actually see what the kids are doing in the school, and also provide resources to our parents to help the kids at home. And also revive our language at home, too. So, not only in the school, but at home too. So, that was kind of our goal this year to have more family involvement with our families. MR. PALEKA: Darcy, you wanted to add anything? No? justI meanvisit the school and see what kind of programs they have out there was very, really found it necessary for us to support this program. So, asking for your support, and thank you, guys. Thank you. CHR. KANUHA: Thank you, Mr. Paleka. Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chair. I just want to thank Council Member Paleka for this financial assistance, because this definitely benefits the families in the district that I represent that goes to the school. And providing the kids a safe environment that does not include drugs or alcohol on the events that you would host. And, I just want to say thank you, Council Member Paleka, and thank you, the Nwah staff, and everything that you have been providing for the families in our district. Thank you. CHR. KANUHA: Thank you, Mr. Ilagan. Council Members, any other discussion? And Ms. Eoff, just let me know if you ever need to, if you ever want to chime in. Ms. David. MS. DAVID: Yes, just one comment. Aloha, and I really want to thank you folks, this generation of our people, fo especially privileged to have these opportunities. I really honor you folks and praise you folks for what you do for our people. Thank you very much. CHR. KANUHA: Thank you, Ms. David. Any other discussion? Okay, hearing Page 5 -25November 3, 2015 Vote on Res. 324-15: The motion to adopt Res. 324-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KAHUNA: Motion passes. another Council Member in Kona, do we? Okay, thank you. I see Captain Wana companion bill, Resolution 323. Res. 323-15: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE, -7, POLICE DEPARTMENT Funds of $92,825 would be used by the Police Department to purchase equipment and related technology to assist in tracking and managing accreditation files, a microfilm conservation project, and the installation of a security door system for its Criminal Investigation Division. Reference: Comm. 533 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Resolution 323-15. Seconded by Mr. Paleka. CHR. KAHUNA: Ms. Eoff, any discussion? MS. EOFF: Who did you say was there in Hilo? CHR. KAHUNA: We have Captain Wana here. MS. EOFF CHR. KAHUNA So, if Page 6 -25November 3, 2015 (Note: At this time, Police Captain Aimee Wana came forward to address the members of the Council.) MS. WANA: Hi, good morning. My name is Captain Aimee Wana, information for this project, however, I am here to answer questions if you have any. MS. EOFF: Thank you very much. I just wanted to state that security door hat is being installed. MS. WANA CHR. KAHUNA: MS. EOFF: Okay, thank you. My notes are telling me that some of the funds are going to be used for installation of security door systems for the Criminal Investigation Division. MS. WANA: MS. EOFF: Could you explain? MS. WANA: Sure. As part of the accreditation system, they wanted to ensure that the files that are maintained within these divisions are adequately secured and safeguarded. Currently, there are key swipe systems that are within the external doors of the station. However, into these individual areas, the detectives may have work on their desk, and they may need to leave in an expeditious manner for whatever reason, and these materials could potentially become compromised or exposed to people that are not privy to this information. So, these key card swipe systems will allow only the people that belong in that area. And, by the department who has the access to withinto these specific doors. And, MS. EOFF: Thank you very much for explaining that. CHR. KAHUNA: Ms. Eoff, are you yielding? MS. EOFF CHR. KAHUNAt know who was first, but Ms. Wille. MS. WILLE here are things to prevent any corruption or alteration. To secure documents and prevent the opportunity from those who should not have access to them, from having access. So, I wanted to say, this is a step in the right direction for those Page 7 -25November 3, 2015 who are concerned about potential corruption that these funds are going towards. Just pre CHR. KAHUNA: Thank you, Ms. Wille. Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chair. Ms. Wille clarified what I was about to say, and also, according to the justification, you got the Power DMS Suite project, microfilm conversion project, and as Council Member Eoff mentioned, the CID (Criminal Investigation Division) door security system. Testifier mentioned that we should be asking what these equipment are being purchased, and I just wanted to make sure that the public is aware, that the example that was brought before us, that there was an x-ray tool to see other vans. That kind of worried me, myself. So, I just wanted to make sure that the public is not worried by that example. And maybe, if you want to clarify anymore with these three points that you made, MS. WANA: With the CALEA (Commission on Accreditation for Law Enforcement Agencies) actually mandated department be able to better track multiple things, whether it be proofs or policies, procedures, and track these things electronically, and produce them when we are required to for the accreditation staff. For the file preservation with the microfiche system, these are old police reports that the public still has the right to. They want to be able to access it. difficulties with equipment that are defunct or no longer operational more easily and readily available. MR. ILAGAN: Thank you, Captain. CHR. KAHUNA: Thank you, Mr. Ilagan. Mr. Paleka. MR. PALEKA: Morning, Captain Wana. In regards to theI like the microfilm upgrades and other technology. In regards to the security system to create sterile areas, is it one location or multiple locations? MS. WANA. And within each station, in Hilo, this will be for the Vice and Criminal Investigation Sections. So, I believe those are three doors. And then in the W Investigation Section, and the Juvenile Aid Section. MR. PALEKA: Thank you, Captain. Page 8 -25November 3, 2015 MS. WANA: Thank you. CHR. KAHUNA: Thank you, Mr. Paleka. Any other discussion? Okay, hearing or seeing none, all in favor of this motion, Vote on Res. 323-15: The motion to adopt Res. 323-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KAHUNA: Motion passes. Can we move to its companion, Bill 112? Bill 112: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Appropriates revenues in the Federal Grants Justice Assistance Grant account ($92,825); and appropriates the same to the Justice Assistance Grant account. Funds would be used by the Police Department to purchase equipment and related technology to assist in tracking and managing accreditation files, a microfilm conservation project, and the installation of a security door system for its Criminal Investigation Division. Reference: Comm. 533 Intr. by: Ms. Eoff Waived: FC CHR. KANUHA: Ms. Eoff. Motion to Approve: Ms. Eoff moved to pass Bill 112 on first reading. Seconded by Mr. Paleka. CHR. KANUHA: Ms. Eoff, any more discussion? MS. EOFF: I just wanted to take the opportunity to say congratulations. Captain Wana mentioned their CALEA certification, and I just wanted to acknowledge that. CHR. KAHUNA: Okay, thank you, Ms. Eoff. Council Members, any discussion? aye Page 9 -25November 3, 2015 Vote on Bill 112: The motion to pass Bill 112 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KAHUNA: Motion passes. Thank you. We also have Prosecutor Mitch , Draft 2. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Res. 268-15 (Draft 2): TO REDUCE THE NUMBER OF PERSONS WITH MENTAL ILLNESSES IN HAWAI number of persons with mental illnesses that are incarcerated, in support of the Stepping Up Initiative. Reference: Comm. 448.6 Intr. by: Mr. Ilagan Approve: PSMTC-5 Motion to Approve: Mr. Ilagan moved to adopt Resolution 268-15, Draft 2. Seconded by Mr. Paleka. CHR. KAHUNA: Go right ahead, Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chair. Before we get into discussion, I just wanted to quickly make an amendment on Resolution 268 with a contents of Communication 448.7. Motion to Amend: Mr. Ilagan moved to amend Resolution 268-15, Draft 2, with the contents of Comm. 448.7. Seconded by Ms. David. MR. ILAGAN: Thank you, Mr. Chair. CHR. KAHUNA: Mr. Ilagan, go right ahead. Page 10 -25November 3, 2015 MR. ILAGAN: Thank you. At this time, I wanted to call up Prosecutor Mitch Roth, and also Les Estrella. Before Prosecutor Mitch Roth takes on the mic, I just wanted to mention, this amendment is a result of the discussion that we had, and to better clarify the intent of this resolution. Prosecutor, if you have any comments regarding the amendments. (Note: At this time, Prosecutor Mitch Roth and Les Estrella of Going Home Consortium came forward to address the members of the Council.) MR. ROTH: Good morning, Council Members, and thank you, Mr. Ilagan, for making the changes. With the changes that have made CHR. KANUHA: Mitch, if you could restate your name again for the record, sorry. MR. ROTH want to thank you for making the changes. With the changes that are made, we fully support this, and I heard some other testifiers. I just want to say, I was in Washington D.C. last week, and was able to talk to one of the co-authors of the Stepping Up Initiative. It was a judge from Miami- able to do is, in Miami- when they get arrested, rather than bringing them to the jails, they bring them to case management teams. So we ask, how can thatyou know, how do you guys th do that? They explained it. They were actually 49 out of 50 states in Florida, on funding for mental health, which really intrigued me a lot more. What they did is they used the Medicaid/Medicare funds to pay for these things. So, I knowI heard it would be great, . They were able to significantly reduce the number of people incarcerated in their jails, which also took a load off of the prosecutors, and so it is possible. The other thing I heard in Washington was from Camden, New Jersey, where they did something similar. They matched, through a research grant, the people going to their treatment facilities, something like a Bay Clinic treatment facility. They matched the frequent flyers of people t (Emergency Room) and their resources. They matched them with the police. They found that they were the same people, and they were able to help the situation by going out and doing out-service treatment. So, there arethere is a lot of hope with the changes, the way this is written. We are in full support of this measure. MR. ILAGAN: Thank you. And before Mr. Estrella speaks, I just wanted to mention to the public that this effort was due to the help of many individuals. But, most importantly, Mr. Estrella, who brought this to me, and discussing the matter, and how we needed to make this first step to get involved with the Stepping Up Program. I also want to send out a special thank you to Warden Page 11 -25November 3, 2015 ,) and also, the Director for Public Safety, who put in his testimony and comments regarding this Resolution. So, the intent of this, and I wanted to ask Mr. Estrella, what the next step for the purpose of this Resolution is to reduce the number of recidivism, of persons with mental illness, who are charged with non-violent offenses in the Community Correctional Center. So, I just wanted to ask, going to be seek individuals who have mental illness, who are charged with non-violent crimes. MR. ESTRELLA: Good morning. My name is Les Estrella. I am speaking on behalf of the Going Home Consortium. Want to thank all of you, really, for supporting this, and moving this through. This is the first step of many things to come for our county here, for this initiative. One of the things that is spelled out in this resolution is the plan of actually moving this through. With this resolution, it enlists us with resources with NACO (National Association of Counties,) who is leading this initiative. So, with this national initiative, I am happy that the Prosecutor here had met with Judge Leifman, who actually came to Hilo back in 2008, at another Going Home Consortium funded event back then. And, he met are doing in our county. So with this, we actually have been moving forward by convening diverse team of leaders. The Going Home Consortium meets monthly, and has been meeting since 2004. This is where these diverse teams of leaders have been tirelessly working throughout all these years, to address re-entry and recidivism in our community, with great success I might add. With that, the other types of resources that we hope to finally get would be some funding, maybe as some leverage, working together with the State and County, and also some federal s our plan moving forward. MR. ILAGAN: Thank you. CHR. KANUHA: Thank you, Mr. Ilagan. Ms. Wille. MS. WILLE: I will be supporting this. But, at the same time, I do have ajust want to say, all of this call to action, I think that the step up to action is not action. convening, and were studying and were that. W what are those next steps that we are actually going to implement some of these programs? Council Member Ilagan will sort of follow those steps? for how do we keep people out of the system altogether? Page 12 -25November 3, 2015 when guy, what do we do with the bad guy? You know, how do we move them? Have intervention group, and keep them and move them that whole jail culture. You then start learning, and then you have a record, and then you get out, and that. I mean, I just had someone homeless come into my ot this conviction on my record, s no, we do not want them in jail. But, at the same time, not really saying where we want them, y outI think one of the testifiers said, i pushing them out in the community and not dealing with them, and let them survive to make room for more violent persons in jail? the homeless, wernative to them? So, resolution, t just a matter of that we want to shove these people out of jail and put them on the streets. , and I think yo impression that one gets. MR. ROTH: creating more of these crisis management teams. In the last month, when we talked about what was happening on our island, we used to have crisis management teams. But you know, t cut funding for them and so, the interesting part for me in this whole conversation with the judge from Miami-Dade, is the way they were able to do it, was they Medicaid. What they needed to do was, they needed to find locations and case workers, and they actually had private entities. Again, a lot of this, as I said last month, is really the State that needs to be taking the lead role here, rather than the Countye telling the StateHey, we have some ideas. You guys need to take some action here. But, in the meantime, funding, of the private funders, the Arnold Foundation and the Casey Foundation. There are various other resources out there that are also looking at solving this problem. And so, we are starting to do that, but the initiative is really telling the State we need to step up as a State and look at this, and there are other places that do it. The State needs to take the leadership. Page 13 -25November 3, 2015 MS. WILLE: Okay, just on that, and getting people to work together, I look at you came to the meeting that I had in Waimea on drugs and in the community, and also, we had it in North Kohala. But, looking at Kohala Health, they now have a grant, working with detox and that, and helping people. They do not have enough space. They could do much more, b. T, with the Hospital that has space, and how do we get them all to sort of work together? for, and they could hire more people there and in Kohala, if they had more space. So, just getting all these people connected, and I justin my area, often times, well, and, you know, where they consider to be home. We need to also look at decentralizing where those services are provided. Thank you, I yield. CHR. KANUHA: Thank you, Ms. Wille. Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman. Les, if I could ask you a question. You know, you were the first one to introduce me to this whole notion of getting people connected with Medicare and Medicaid and all these other benefits, right? But, do you need people on the ground to be able to do that? MR. ESTRELLA: Well, the case management system that currently exists is really underfundedThe case managers that deal with these individuals on a daily basis, that hook them up and link them to services, which includes health care and all of those other benefits that they would that they could get any work done. A mentioned, needs to step up. MR. CHUNG: Which case management agencies are we talking about? MR. ESTRELLA: Also, there is Helping Hands i. I believe those are the two big ones. They are funded through Adult Mental Health Division. MR. CHUNG: Is there any more roomis there room for other, smaller micro-agencies to develop, to be able to augment what those, you know, Care ose other agencies are doing? MR. ESTRELLA: Yes, so there are other agencies also actually havehas funding, for instance, Hope Services has a contracted case manager with Adult Mental Health Division for mental health outreach. There are other entities that could provide other additional case management. Page 14 -25November 3, 2015 MR. CHUNG- agencies. Hope Services is a huge, you know, almost a conglomerate right now, but could smaller ones emerge? And the reason why I ask that is, you know, every year, we have these nonprofit grant process, right? And, if we could at least keep in the back of our minds, the possibility of funding these types of micro- agencies, yof these types of inroads in that regard? Because, if we going to wait for the State, it might take , as Mitch stated, and I agree 100 percent. But, we have to try to see what we can do. MR. ESTRELLA: There is certainly many ways, actually, of currently using the providers that are out there right now, especially the smaller ones to specifically task certain case management systems for this specific issue. MR. CHUNGit more about that as the months go on, yeah? Thank you, again, both of you. CHR. KANUHA: Thank you, Mr. Chung. Mr. Paleka, on the amendment. MR. PALEKALes, thank you and Mitch, thank you for adding. In regards to the Medicare and Medicaid reimbursement for this type of mental health treatment, and the two providers s one part. But, also where I think we could and collaborating, because the Prosecuting is going to have to work with Public Safety in releasing. Because, if they are pretrial offender, you basically presume innocent, yeah? But, we holding these mental health inmates while they on pretrial, and some of them are chronic. They come . The collaboration, the most important part is the collaboration the same page bs going be very hard to achieve. optimistic that signing on to doit something. When people sit down, get together, and focus on an idea, get a real plan that works, and initiates and executes that plan, it gets done. And I think we all herethe words just the intent of what we trying to do. But, I know we all trying to work toward getting our mental health individuals that maybe have another alternative, and not being incarcerated, because they een them come through, tried to help them. vulnerable to other inmates thatthose guys, they know what they there for. Some of these individuals, unfortunately, I really feel sorry for them, and I did so Page 15 -25November 3, 2015 when I was a corrections officer. Pete, keep up the good work man. tive. We got to get it going, help our mental health individuals get some case workers reimbursement for Medicaid, Medicare. you. CHR. KANUHA: Thank you, Mr. Paleka. Ms. Eoff, any discussion before we go to the second round? MS. EOFF: Thank you, Mr. Chair. I did want to add something. I wholeheartedly support this resolution. And as far as the amendment, I think this was an excellent amendment to clarify that this involves people who are charged with non-violent offenses, because we did hear testimony from some members of the community, I think last time and today. And I think this will clear that up, because there were some concern that there would be some danger to the . But I think this amendment makes that clear. I support the amendment. CHR. KANUHA: Thank you, Ms. Eoff. Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chair. I just want to make four points. Council Member Wille, you had some good questions, and I definitely want to make sure those q taking action in the sense of the Health Choa office, which is more accessible to the community that we represent, and we scheduled yet, but its Tuesdays re looking to have them there, and the Health Connector and trying to bring that closer to the public. I also want to thank Council Member Paleka for pushing this through his Public Safety Committee, and that working in Puna definitely be working with him regarding this, because he has a lot of knowledge regarding the public, the system, regarding the incarceration. And also, to Council Member Eoff. I hope that the amendment address the concerns of your constituent, because we were given the emails, and we want him to make sure that all the questions were being addressed. And, to everybody who has been involved, I just want to say thank you, because I make this happen without your help. CHR. KANUHA: Thank you, Mr. Ilagan. Any other discussion on this amendment? Okay, hearing or seeing none, all in favor of amending Resolution 268-15, Draft 2, with the contents of Communication 448.7, Page 16 -25November 3, 2015 Vote on Motion The motion to amend Res. 268-15, Draft 2, with the to Amend: contents of Comm. 448.7 was carried by the following (Approved) voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Now onto the main motion as amended, Mr. Clerk? MR. ILAGAN: Mr. Chair, I think I have to make a motion to suspend our rules to allow us to vote on this matter, because this is the last reading. which rule it is, but I will make a motion to suspend Rule number 24, to allow us to vote on Resolution 268-15 today. CHR. KANUHA suspend Rule 24 to allow us to vote on this measure today. Okay, all in favor say Vote on Motion to Mr. Ilagan moved to suspend Council Rule 24 to waive the Suspend Council holdover for substantive amendment of Res. 268-15. Rules: Seconded by Ms. David and carried by the following voice (Approved) vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Okay, now we can go into discussion on the main motion as amended. Mr. Ilagan. MR. ILAGAN Council Members wish to do so. CHR. KANUHA: Thank you. Any other discussion, Council Members? On the Page 17 -25November 3, 2015 Vote on Res. 268-15: The motion to adopt Res. 268-15, as amended to Draft 3, (Draft 3) was carried by the following voice vote: (Adopted) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. MR. ILAGAN: Mr. Chair, there is one more motion I would like to make, and -day hold. CHR. KANUHA the 5- Vote on Motion to Mr. Ilagan moved to Suspend Council Rule 15 to waive the Suspend Council 5-day hold for reconsideration. Seconded by Mr. Paleka Rules: and carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Okay, we also have from the Planning Department, . Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following items were taken out of order: Page 18 -25November 3, 2015 Res. 311-15: AUTHORIZES THE EXEMPTION OF CERTAIN CODE REQUIREMENTS, PURSUANT TO SECTION 201H- STATUTES FOR THE PROPOSED MOHOULI HEIGHTS SENIOR NEIGHBORHOOD PROJECT PHASES II AND III, IN SOUTH HILO, -4-001:184 and Development Corporation seeks exemptions from agricultural zoning requirements to allow for multi-family residential units so that it may continue construction of its affordable housing program for seniors. Reference: Comm. 514 Intr. by: Ms. David (B/R) Approve: HSSSC-1 CHR. KANUHA: Ms. David. Motion to Approve: Ms. David moved to adopt Resolution 311-15. Seconded by Mr. Paleka. CHR. KANUHA: Ms. David. MS. DAVID: Yes, thank you. Isfrom the department? CHR. KANUHA: We have Jeff Darrow here from the department. MS. DAVID: Alright, Mr. Darrow, would you please? CHR. KANUHA: And we also have Sidney Fuke, I think. Are you here for that one too, or no? Okay. Oh, we have Jeremy Tim. (Note: At this time, Planner Jeff Darrow came forward to address the members of the Council.) MS. DAVID: Thank you, Mr. Darrow. I think we discussed this a bit in the last exemptions, and can move forward. CHR. KANUHA: Make sure your microphone is on, and you can introduce yourself for the record. MR. DARROW: Good morning, Chairman Kanuha and Members of the County Council. Good morning. My name is Jeff Darrow, Planning Department, under the Planning Division Section. This Resolution introduced by theor, for the Office of Housing and Community Development, will allow certain exemptions from the Zoning Code, and also from the State land use requirements, as far as, the property being zoned agricultural through the Page 19 -25November 3, 2015 State, as well as the County. And, will allow the multiple-family dwelling uses on the property for phase two and phase three of this senior housing project. Phase one is complete, and so they are ready to begin with phase two and three. MS. DAVID: Thank you, Mr. Darrow. I believe questions. I really think this is a great project, and the fact the changes and the modifications that you folks are making for the senior housing is a great change, and congratulations. Thank you. CHR. KANUHA: Thank you, Ms. David. Ms. Wille. MS. WILLE: Mr. Darrow, could you just very quickly, state what the exemptions are. MR. DARROW: If weof exemptions under the standards and requirements of the multiple family residential, 1,500 square foot zoning, instead of the agricultural zoning. They obviouslythere will be a conflict there, and this is a concern. But, in this particular case, because this is more multiple-family dwelling apartment type complexes, t conflict with the agricultural type uses. My understanding is that there was a previous situation, that there was a conflict with the resolution, allowing different types of zoning, but the current zoning still remains on the property. So, this allows the applicant not to have to come in and go through the full process of rezoning State land use agricultural zoning, as well as the County agricultural zoning, to a State land use urban, and a County RM 1.5 zoning. And it will allow themit will afford them the allowances in the zoning code for that type of zoning. MS. WILLE: Just sort of, in the big picture of agricultural zoning, and what we do with exemptions, well, I mean, we all support housing, and we all want to do that. But, at the same time, what are the other uses in agriculture? And just as an example, allow composting in an o do all and you know, tens and thousands of dollars, and all this. And you know? T we need to sometimes look at these big pictures of, especially with the agricultural zone, y, and what other types of activities were making go through all kinds of hoops. But here, we want to do it s our County and our State. Then we allow the exemptions that we that I feel is related to agriculture. So, I just want to raise that issue. I know little more, not right on target of this, but it really is, you know, how we look at Page 20 -25November 3, 2015 our agricultural zone, and how we look at what gets exemptions, and what gets given the go ahead, and that. So, I just wanted to make that comment. Thanks. MR. DARROW: Thank you. CHR. KANUHA: Thank you, Ms. Wille. Mr. Paleka. MR. PALEKA: Good morning, Jeff. How are you? Is there aare they attempting toor maybe I should ask Jerome, to rezone the property for the long term? MR. DARROW: My understanding is this will take care of that. So, I do not believe that there is any intention in the future to rezone the property. MR. PALEKAZoning Codes? And since we on the subject MR. DARROW: Yeah. It could be, I meanbut this is a simpler process. MR. PALEKA all good. But Just a suggestion and comment. MR. DARROW: Sure. MR. PALEKA: Thanks Jeff. MR. DARROW: Thank you. CHR. KANUHA: Thank you, Mr. Paleka. Any other discussion, Council Members? Okay, we can move with the vote. All in favor of approving the Vote on Res. 311-15: The motion to adopt Res. 311-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Page 21 -25November 3, 2015 MR. ILAGAN: Sir Chair? CHR. KANUHA: Yes. MR. ILAGAN: Would it be okay to take Resolution 314 out of order, and also Bill 92, 93? CHR. KANUHA: Sure. I want to do Bill 91, Mr. Clerk. Bill 91: AMENDS ORDINANCE NO. 05-74 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL 1 ACRE (A-1a) AND RESORT-HOTEL 1,250 SQUARE FEET (V-1.25) TO MULTIPLE FAMILY RESIDENTIAL 2,500 ST SQUARE FEET (RM-2.5) AT AUHAUKEAE 1, NORTH KONA, -5-009:067 (PREVIOUSLY INCLUDED A PORTION OF PARCEL 54) (Applicant: Kukui Development, LLC) (Area: 6.27 Acres) The Leeward Planning Commission forwards its favorable recommendation for this amendment, which would allow a ten-year time extension to Condition C, time to complete construction. Reference: Comm. 467 Intr. by: Mr. Ilagan (B/R) First Reading: October 20, 2015 CHR. KANUHA: Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chair. Motion to Approve: Mr. Ilagan moved to pass Bill 91 on second and final reading. Seconded by Ms. David. CHR. KANUHA: Mr. Ilagan, did you want to start us off, or? Okay, Ms. Eoff, any discussion? MS. EOFF: And Mr. Tyler is still here if anybody would like to further clarify some of his statements earlier. I just want to take this opportunity to thank him for writing to me and to us, bringing out some of the important aspects of the present archeological preservation plan that need to be addressed as soon as possible. And if you look closer at Condition J, it is stated there, what is required. And I think Mr. Tyler is planning to stay in close contact with the current developer/owner to make sure that plans are put intomitigation measures are done as soon as possible Page 22 -25November 3, 2015 well s always as far as I know, Mr. Tyler attentiongreat attention to detail in these zoning ordinances. So I thank him for his comments today. CHR. KANUHA: Thank you, Ms. Eoff. well. Mr. Chung, go right ahead. MR. CHUNG: Oh yes. the developer here who canis there one? Who could make representations regarding those concerns brought up by Mr. Tyler. Or, maybe if Mr. Tyler can just state that he is in contact. MS. WILLE: I think the developer representative did speak to those at the last meeting, and my sense was he felt he had communicated that, so I just want to bring that point up. MR. CHUNG: Okay, then I guess maybeCurtis, are you still around? (Note: At this time, J. Curtis Tyler III, came forward to address the members of the Council.) MR. TYLER: Morning, Mr. Chung. MR. CHUNG: Hi, Curtis. So, are you comfortable with that representation made by Ms. Wille? MR. TYLER and phone with Mr. Baker, regarding his understanding and his plan to follow it not only the ones located on the to-be-developed property, but also Parcel 54, which is the one that has to be set aside. And , not only since you and I were on the Council together that this passed and nothing was done, but then there were two additional extensions for another ten years. A going to be another extension for, it was requested for five. You folks were about to pass ten, and it says in the new language, by then, there will probably be nothing left, and to follow up, not only with Mr. Baker, but also with the State Historic Preservation Division. Thank you. MR. CHUNG: And, just for your information, Curtis, several members of this body expressed those same concerns, too about, you know, the continuing extensions during our last go-around. But thanks Curtis, thank you very much. Page 23 -25November 3, 2015 MR. TYLER: Thank you, Mr. Chung. I appreciate it. Aloha. CHR. KANUHA: Thank you, Mr. Chung. Council Members, any other discussion on this? Okay, just I want to say somethingMs. Eoff, did you want to say anything else? Okay, yeah, I also had those concerns. The first meeting we heard this measure about, not only the archeological sites and the continued, or the starting of the restoration and protection of these sites, because you know, this is a new owner, and they are willing to build out this development, which is definitely needed in our urban expansion district here in Konaor not here in Kona, there in Kona. But my biggest concern was the protection of these sites, as developers to make sure they do it in the right way, in the pono way. So, I appreciate your attentiveness towards this project, and look forward to hearing good things come of it. So again, mahalo for your continued concern. Ms. David, one last MS. DAVID: Aloha, Mr. Tyler, Maile here. I just have one question for you. Would you be considering applying to be that entity with respect to condition L, would be involved in that respect, as being a possible entity. MR. TYLER: Thank you for the question, Ms. David, and I appreciate your attention to that. I do intend, and wish to be involved in the formation of, and the work done by that entity, whether or not it would be me personally doing that work. I kind of doubt that, but I do feel that there is a need for an entity, in particular, 501(c)(3), to address these kinds of issues. This is not the only property in Kona which has this caveat on it, if you will, and I look forward to working, not only with the landowners, but the Planning Department and the Council, should that be necessary to ensure that there is perpetual care and conservation of these sites, in accordance with traditional and customary practice, and the law. MS. DAVID: Mahalo. M about protecting our resources and cultural sites. So, mahalo again and thank you. CHR. KANUHA: Thank you, Ms. David. See no other discussion. Members all Page 24 -25November 3, 2015 Vote on Bill 91: The motion to pass Bill 91 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Bill 92. Bill 92: AMENDS SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT ZONE COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL AGRICULTURAL SEVEN ACRES (A-7a) AT KALOKO, NORTH KONA, -3-026:003 (Applicant: Jean A. Lorant Trust) (Area: 21.095 acres) The Leeward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to subdivide the property into two parcels. The applicant states that these lots are intended to be residential/agricultural lots for the respective successors of the trust. Reference: Comm. 468 Intr. by: Mr. Ilagan (B/R) First Reading: October 20, 2015 CHR. KANUHA: Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chair. Motion to Approve: Mr. Ilagan moved to pass Bill 92 on second and final reading. Seconded by Mr. Paleka. CHR. KANUHA: Any discussion, Council Members? Hearing or seeing none, Page 25 -25November 3, 2015 Vote on Bill 92: The motion to pass Bill 92 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Bill 93. Bill 93: AMENDS SECTION 25-8-33 (CITY OF HILO AREA ZONE MAP), CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL TWENTY ACRES (A-20a) TO FAMILY AGRICULTURAL THREE ACRES (FA- OVERED BY TMK: 2-5-003:024 (Applicants: Mark and Kim Rodrigues) (Area: 25.003 acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to subdivide the property into five parcels. The applicants stated they intend to retain two lots and convey the remaining three lots to their three children. Reference: Comm. 473 Intr. by: Mr. Ilagan (B/R) First Reading: October 20, 2015 Vote on Bill 93: Mr. Ilagan moved to pass Bill 93 on second and final (Adopted) reading. Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Mr. Ilagan, did you say Res. 314? MR. ILAGAN: Yes. Page 26 -25November 3, 2015 CHR. KANUHA: Okay. Mr. Clerk, if we coulddid you have anything else? I Res. 314-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND LIONS FOUNDATION TO EXPAND CHILDREN VISION SCREENING SERVICES IN PUNA Transfers $5,830 from the Clerk-Council Services Contingency Relief account (Council District 4); and credits to the Research and Development, Reference: Comm. 517 Intr. by: Mr. Ilagan Motion to Approve: Mr. Ilagan moved to adopt Res. 314-15. Seconded by Mr. Paleka. CHR. KANUHA: Mr. Ilagan, go right ahead. MR. ILAGAN: Thank you. I just want to quickly say my thanks to the Lions Club for providing this vision screening to the children in the Puna area, and I just want to thank them. And also, hopefully this financial assistance can go a long way. CHR. KANUHA: Thank you, Mr. Ilagan. Any other discussion, Council Vote on Res. 314-15: The motion to adopt Res. 314-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Okay, we also have Jane here, so I think we can just get into Resolution 283. Page 27 -25November 3, 2015 Res. 283-15: NOMINATES ENTERPRISE ZONES FOR CONSIDERATION AND Requests the Governor designate four new which would provide tax incentives intended to foster economic development and generate employment. The proposed designations, delineated in exhibits to - Reference: Comm. 471 Intr. by: Mr. Onishi Approve: GREDC-2 Postponed: October 20, 2015 (Note: There is a pending motion by Mr. Onishi and duly seconded by Mr. Paleka to approve Resolution No. 283-15.) CHR. KANUHA: pending motion on the table, Mr. Onishi, you have the floor. MR. ONISHI: Okay, thank you, Mr. Chair. Maybe Jane, can you please come up? You can introduce yourself. (Note: At this time, Economic Development Specialist Jane Horike came forward to address the members of the Council.) MS. HORIKE: Horike, Economic Development Specialist with Research and Development. MR. ONISHI: Okay. So, do you have any other comments about that was said at the last meeting? Not the one that we postponed, but the one prior to that, Committees? About like the two percent, what is that, on the two percent increase on their gross income? MS. HORIKE: Yes. MR. ONISHI: Or employing more staff, more employees. MS. HORIKE MR. ONISHI MS. HORIKE: The program is a state program and the conditions MR. ONISHI MS. HORIKE: Yes, of the program. Page 28 -25November 3, 2015 MR. ONISHI: So, the State Legislature is the ones that pass the laws for this program, correct? MS. HORIKE: Yes. That is correct. MR. ONISHI: Okay. And then also, maybe Mr. Duff, Brandon, you can come up. You can introduce yourself, and who you represent. (Note: At this time, General Manager of Big Island Dairy Brad Duff came forward to address the Council.) MR. DUFF MR. ONISHI: Okay, so did you get to see that meeting on the video? MR. DUFF: Yes I did. MR. ONISHI: And then, so do you have any comments about that? MR. DUFF: I guess, the main thing I would like to do is just put in my support for this program. t first few years that you need it. we appreciate it being there, and offered to us as a new industry here. MR. ONISHI: So, how long have you folks been in the program? MR. DUFF: Three years. MR. ONISHI: Three years now. And so, you folks are basing your requirements on the gross income or on hiring more employees? MR. DUFF: We actually qualify on both sides. MR. ONISHI: Jane, have they beendo you folks monitor them, or just the State monitors them? MS. HORIKE: Each company participating in the program does have to submit an end of the year report. And the State MR. ONISHI: So an end report to you or to the State? MS. HORIKE: They report to the State. Page 29 -25November 3, 2015 MR. ONISHI: So nothing goes to you? MS. HORIKE: If I do receive their end of the year report on paper, I do transfer it to the State. And so therefore, it is transferred it to the State, and the State issues them a letter stating that they have met the conditions of the program, or they have not met the conditions of the program. MR. ONISHI: Mr. Duff, do theythe State come and monitor your place, or come and inspect your place? MR. DUFF: In regards to just this program or in general? MR. ONISHI: Well in general, in this program? MR. DUFF: In this program, there is not. MR. ONISHI to monitor? MR. DUFF: No. MR. ONISHI: Nobody comes? So like, for I think we had a discussion that you just had an audit? MR. DUFF s your employees, things like that. That happens. It has happened. MR. ONISHI: Okay, you had one just recently or something? MR. DUFF: Last year, we actually had one. MR. ONISHI: How often do they come? MR. DUFFtypically I think, what draws flags is if any person commits crimes or anything like that, and they come back to that person, and they say, Okay, how are you here? MR. ONISHI: you have any other comments? MR. DUFF: No. MR. ONISHI Page 30 -25November 3, 2015 CHR. KANUHA: Thank you, Mr. Onishi. Ms. Poindexter. MS. POINDEXTER: So, Mr. Duff, you and I had a conversation, correct on the phone? MR. DUFF: Correct. MS. POINDEXTER: Because I watched the video, and I sent you a clip of some of a colle correct? We talked about that. MR. DUFF: Correct. MS. POINDEXTER: So when I emailed you, because when I was going out of town, I said I wishand you got that email saying, you know, I wish you would have contacted me if you had any concerns directly, because we have gone through some situations in our community with the dairy and you have come to the co correct? MR. DUFF MS. POINDEXTER: Okay, good. And so, you sent me an email back saying concerns that he brought up, that myself and Council Member Margaret Wille had expressed, that weyou were firing people just because they are locals, and that we seek out to hire illegal aliens. So I just want to say publically that we talked about that, and that isyou watched the video and you understand, that was not the point. The point I made to DBEDT (Department of Business, Economic Development, and Tourism) was exactly what a testifier had stated today. The testifier said he questioned if Enterprise Zone Program would benefit people who are not state citizens, and I think that was the same concern I had with DBEDT. Jane, if you remember that, how do we hold our businesses accountable? Who employment? So, Mr. Duff, you assured me that 85% of the employees you have are US (United States) citizens of the C that we talked about that I-9 form, and what your responsibilities are for the I-9 when hiring. And I agree because I worked in HR (Human Resources), I know about the I-9 forms. Awe (Department of Business, Economic Development, and Tourism) about during that last conversation. And so I think my thing, my next thing would be addressing it at the federal level, on how do they secure those cards to make sure the I-9 forms as required by the employer, that license and all. Now Page 31 -25November 3, 2015 when you go the biggest Enterprise Zone, Jane, is our Or, do we have the beef people as well? MS. HORIKE: Yes they are. MS. POINDEXTER: Okay, so, but the dairyI know the beef people had just expanded. The dairy had expanded as well. MS. HORIKE: Yes. MS. POINDEXTER: So, I did use you as an example, and you heard the video. So, do you have any concerns that you want to address to me, or are you okay? MR. DUFF: I guess, in my case, the main focus of this is this program. where I want your attention to be. I want it to be on that. Apart from comments ou guys have a lot of stuff to worry about, that can be another issue, another time. I MS. POINDEXTER: Okay, our conversation where we talked about my main concern, was making sure that the part that the benefit for this program was when same page. MR. DUFF: Yeah, I would think everyone in this room is for that. MS. POINDEXTER: Okay, thank you. Thank you very much. Okay, I yield at this time. CHR. KANUHA: Thank you, Ms. Poindexter. Ms. Wille. MS. WILLE: make that clear that In other words, those who qualified based on census e area in my South Kohala district on what small farmers or what start-the first criteria of eligibility is, r a cow that really is done for whatever, sort of, those privileged to get in and designing it. ed for the small farmers or the start- number one, those block areas, and then two, who can come in? Who are eligible? Page 32 -25November 3, 2015 Certain ag products, genetically engineered products, agriculture, marine genetic engineering, ially engineeredif you have a genetically engineered product, you not only get an exemption from GE (general excise) proceeds. ones in this whole group of eligible that have that additional tax break, is if you genetically engineered) operation. And here we have three GE (genetically engineered) products. So what tax breaks do you get here? You get seven years exemption from GE (general excise) taxes, most everybody except GE (genetically engineered) products on at least gross proceeds, 80% income tax abatement the first year, decreasing 70% the year after, and going down by 10%. Income tax credit, 80% of your unemployment tax paid. And then, the counties can do more, there may be more. I think we, our C mister cow farmer no free money. time we give somebody an exemption, seven years exemption from GE (general excise) tax, 80% of the tax, y, everybody, ou know, I doand then you have privileged? Who on this list? Production of energy, GE product, genetically engineered products. I look down the list of what companies are on it, and there are a lot that are good. But at the same time, I also have to look at the farmers in my area that has started up our South Kohala, Waimea area is a big bread basket, agriculture. A lot of people trying to where they work, and none of them, nobody thereand 96743, whatever other zip codes there are there can qualify on this. I was not involved in the discussion on any immigration issues, and I think that a statement that it sounded that was made, Onishi made it or not, but I certainly made no statement having to do with the dairy in terms of immigration. So, I just want to clarify that. I have used Big Islas getting a benefit, whereas the farmers in my area are not. So, I did use that, and I still stand by it today. not And second, I do want to say that Jane has helped and tried to address some of our concerns, and we have eliminated some of the expansion areas, and really, all that pretty much expand the entire island, would be this Enterprise Zone, other than my South Kohala and some ten blocks in Hilo, or something like that, would get Page 33 -25November 3, 2015 it, and which would have covered all of the conservation land, and that was wrong, and I think that we have made a lot of improvements there. So I will yield at this CHR. KANUHA: Thank you, Ms. Wille. Before I come back to Mr. Onishi, Council Members, on the first round. Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman. You know, I certainly understand Ms. , especially looking at that map of hers. But at the same time, as she pointed out, you know, this is a program that was developed by the Sobably based on some flawed formula. But really, the County and Jane, you know, there just using that formula, however flawed it may be, and coming up with these area designations. But, what my concern has consistently been relating to the effectiveness of the program, I think I asked you some questions the last time, so Jane, are you the designated authority of the Enterprise Zones for the County? MS. HORIKE: I guess I am the designated County representative. MR. CHUNG MS. HORIKE: No, MR. CHUNG: Yeah, right. So, I asked someone at your office, whether they could get it in touch with the people at the State level, because guys who should be the receptacle for all of these bits of information, and to see if yet, but cannot help. But, I was looking over the County Code now, Chapter 31 is the chapter relating to our Enterprise Zone Program. And it states here, that under section 31-4, subsection (c), Annually, and within sixty days after the anniversary date of zone designation by the governor, the mayor, or the m designated representative shall submit to DBEDT (Department of Business, Economic Development, and Tourism,) a report evaluating the enterprise zone programs effectiveness upon the said enterprise zone. So, have we been providing those annual reports? MS. HORIKE: Okay, because the end-of-year reports go directly to the State, and the State is in the process of changing systems, also in the past, the State did have a worker that was assigned to the Enterprise Zone Program. And that person used to do an annual report from all the end-of-the-year reports. With the cut-back of staffing that happened a number of years ago, that the person that is in charge of the CBED (Community-Based Economic Development) Program does the Enterprise Zone, and they have had to cover the Enterprise Zone Program, not having a worker, per se. Page 34 -25November 3, 2015 MR. CHUNG MS. HORIKEknowing that the end-of-the-year reports handle this by digitizing the information, a the process of working on it. They have not been able to provide reports quickly as I request it working on this,aioning from paper to digital. MR. CHUNG: Right. I understand that, butso the State has been designated by the Mayor to be their representative? MS. HORIKE: No. In this, in the reporting section, as far as how much in the past, when we did have a representative, we could say there was x amount of savings and how many jobs were created, and what the cost per job was, and how many companies, very quickly, and what was happening. However, without this person, very difficult to compile all this data. MR. CHUNG: Right. So did we ever file an annual report? MS. HORIKE was. MR. CHUNG: I he language from the chapter. MS. HORIKE: Yes, I understand that, however MR. CHUNG: I going to read it again. MS. HORIKE: Okay. Yes, I understand. MR. CHUNG: Annually. MS. HORIKE: Yes. MR. CHUNGthe mayor, or the not getting something from the State, i evaluating the Enterprise Zones MS. HORIKE: Okay, we have not been doing that. MR. CHUNG: Huh? MS. HORIKE: Yes, we have not been doing that, yes. Page 35 -25November 3, 2015 MR. CHUNG: Okay, so can we maybe just to vote in favor of this, okay? MS. HORIKE: MR. CHUNG: We stillwhen I look over this chapter, we have the power to rescind this thing. f Ms. Wille has further concerns, oint. But, I think it would behoove the County to really take a look at, you know, because we are giving up being derived by these businesses, but also the County is giving up something, too. And we got to make sure, as Ms. Wille said, this is an issue of subsidizing. s getting a benefit, some other people are paying for that thing. And, just for the sake of fairness, we got to make sure that we are achieving the goals that we seek to achieve. things that articulate it, you know, quite frankly. But you know, thanks for all your hard work, and then really, if we couldyeah, if we can maybe work on that report. Okay, thank you. MS. HORIKE: I will work with you in the future, yes. CHR. KANUHA: Thank you, Mr. Chung. On the first round still, Council Members. Mr. Paleka. MR. PALEKA: And you know, I would just like to reiterate and thank you, Council Member Chung, for bringing that up. n obligation, it goes to accountability, and I would expect the County to have done that report on an annual basis. I mean, it gives us numbers to look at and see how as to the efficacy of the program. Not only that, but it provides information to the beneficiaries of, should they join or not get involved. And then, it also gives a lot of weight to arguments that maybe we should expand, or Counc that maybe we should include other areas. Thank you for bringing that up. CHR. KANUHA: Thank you, Mr. Paleka. Anybody else? Okay, Mr. Onishi oh sorry, Ms. Eoff. I saw you raising your hand. Go right ahead, Ms. Eoff. Did we lose Ms. Eoff? I hope not. voice activated, so if you turn it on and start talking, maybe? Nope. Oh boy. Are s okay, and then we can get Ms. Eoff back on. Recess: At 11:29 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 11:32 a.m. Page 36 -25November 3, 2015 CHR. KANUHA: Okay, we are coming out of recess, if everybody could take their seats, and we can continue our debate, I would appreciate it. I think we were at Ms. Eoff. Yes, Ms. Eoff, can you hear us? Can we hear you is the better question? MS. EOFF: ble to hear you, so can you hear me now? CHR. KANUHA: Yes, go right ahead. MS. EOFF learning and discussing some of the pros and cons of this program. My oting on today though, is just adding certain changing, or able to do anything about the current status of the program. CHR. KANUHA: Jane, do you want to turn on your microphone and repeat what you just said? MS. HORIKEEnterprise Zone that is designated in North Kohala. And all of the other enterprise two Enterprise Zones that are currently designated at this time. All of the other areas, their designation has expired. So, like this morning, I got a email from someone that has been waiting for six months to participate. They cannot participate because none of the other process of designation and the Enterprise Zone. It is the Council that designate the area of the Enterprise Zoneall of the that they want to propose as an Enterprise Zone. The Enterprise Zone Program is one of the few tools for economic development that is available. We talk about providing companies with incentives and various kind of things, and this is one of the few programs that can do this. It is for depressed areas, so unfortunately, in Waimea, it is our bread basket. However, in the Waimea area, it houses lots of our more affluent society. So therefore, because it is designated by census track, the farms get affected because of the areas census numbers. But, it isyes, that is correct, Ms. Eoff, that it is just a designation of the areas and the four areas that we are proposing. MS. EOFF: Okay, thank you for clarifying. But, I do think some of the comments made today are important also, that we consider, possibly in the future, the State can look at refining this a little bit more so more fair. MS. HORIKE: Thank you. Page 37 -25November 3, 2015 MS. EOFF: Thank you. CHR. KANUHA: Ms. Eoff, do you yield? Ms. Eoff? Okay, Mr. Onishi. MR. ONISHI: So Jane, listening to the discussion, is it possible that you folks can have proposals going in for this coming session, change some of the flaws? MS. HORIKE: I can bring it up to the State, but it is the State thatyes. MR. ONISHI: I understand that, but the thing is, if you work with a legislator, they could do an amendment to this program. MS. HORIKE: Yes. It could be done. MR. ONISHI: So, would R & D (Research and Development,) or like for you, in your position, willing to work forward and trying to correct some of these problems? MS. HORIKE: Yes. MR. ONISHI: You are? MS. HORIKE: Yes. MR. ONISHI: Okay. MS. HORIKE: Okay, remember I can work with DBEDT, but it is DBEDT that needs to take it forward. I can speak to some of our legislators, but because it is a State program, it is very difficult to do it just from the County level. MR. ONISHI: O meet with one of the legislators for the Big Island, and you can explain to them some of maybe MS. HORIKE: Well, yes. That would be good. MR. ONISHI: Yeah. Some of the, I guess road blocks that you see, or what is frustrations of, you know, like that what, two percent, three percent? Two percent and or hiring employees. MS. HORIKE: Okay. MR. ONISHI: Yeah? MS. HORIKE: Yes. Page 38 -25November 3, 2015 MR. ONISHI: Okay, thank you. CHR. KANUHA: Thank you, Mr. Onishi. Ms. Wille. MS. WILLE: I just want to follow up on what Mr. Chung was mentioning, and e here at the meeting where he did ask the State Representatives who we had by video conferencing, what is the tax loss? So, when you and I were speaking, its well they look at this benefit and this benefit. But its, what is the benefit and then what is the burden? Its, you need to have that information. Were really, you look around, all the things we need to fund, this is a big chunk of money. W giving this out and other people have to make it up, everybo right. Once question, specific question I had on is leased employees. If someone do they still get to take credit for that? MS. HORIKE: Currently, yes they do. And leased employees, many times, especially in the agricultural area, what I many times, that particular phrase, lots of agricultural businesses do not want to do payroll and, you know, all of the benefits. So therefore, what they do is they use agencies to hire their employees. MS. WILLE: Right. And how about, in terms of full time employment, do theyare they forty hours? Are they getting health insurance, or are they keeping themyou qualify if you only hire them for twenty hours and don health insurance? MS. HORIKE: Twenty hours. The requirement is for twenty hours, and our State laws states twenty hours. MS. WILLE: Is twenty, health insurance? MS. HORIKE MS. WILLE: Okay. So, you no longer have to, in agriculture, actually add your additional employees each year? You can now do itqualify based on gross income? MS. HORIKE: Right. And the purpose of that was for the smaller farms that felt it was MS. WILLE: Well, you know, again, I just want to say all of these things that little farms. You can be Dow Chemical, and be getting this. When I went and was looking at the original map, and I put my finger down, well whose land here Page 39 -25November 3, 2015 is on this Enterprise Zone? And we came up with, you know, Bishop Estate, for I a thousand, two thousand or whatever, ten based on who you are . Aanyway, I really feel th addingwell, let me say, we are number one, we are reaccrediting these areas that requalifying areas, so those that are out ofthat were already qualified and have been discontinued or lapsed, we can read. the program when we go and do this. I mean, to go in and say then we want these that have support the program as it is. So, I do wish that we hadthey had provided some of those numberst have money for a program, you know, we just had the Prosecutor and all the help and recihow many hundreds of thousands or millions are we losing out here, and then, how do we , pawn in this system to a State program, so I do appreciate you working with us, so I yield. CHR. KANUHA: Thank you, Ms. Wille. Ms. David. MS. DAVID: Yes, mahalo Ms. Horike for whI just wanted to know, based on the discussion, is there anything that would, at this point, prevent you from satisfying the requirement of preparing that report that Mr. Chung referred to? And, I think because of the discussion valuable information, I think, that could be gleaned from a report that we could access, and maybe answer a lot of our questions beforehand. So, that was just my question, whether you would be MS. HORIKE: I will work with you. I will work with the Council. MS. DAVID: Okay, because I thinode section in front of me, but I think Mr. Chung said an annual report shall be prepared, and if CHR. KANUHA: Thank you, Ms. David. Mr. Chung, did you have anything? MR. CHUNGm sorry, no. Page 40 -25November 3, 2015 CHR. KANUHA: Okay. Any other discussion, Council Members? Okay. I ready to move on with the vote. Hearing or seeing none on no other discussion, all in favor of Resolution 283-15, say Vote on Res. 283-15: The motion to adopt Res. 283-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, and Chair Kanuha 8. Noes: Council Member Wille 1. Absent: None. Excused: None. CHR. KANUHA: Thank you. Thank you, Jane. And I also see Tiffany there. Tiffany, are you here for Bill 111? Okay. Mr. Clerk, can we do Bill 111? Bill 111: AMENDS ORDINANCE NO. 15-58, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2015, TO JUNE 30, 2016 Adds the Public Works Mass Transit Maintenance and Baseyard Facility County project for $2 million to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund Fund Balance and/or other Sources ($2 million). Funds would be added to previously appropriated funds to cover higher than expected costs for the construction of the facility. Reference: Comm. 532 Intr. by: Ms. Eoff Waived: FC Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10- Charter CHR. KANUHA: Ms. Eoff, may I have a motion please? Motion to Approve: Ms. Eoff moved to pass Bill 111 on first reading. Seconded by Ms. David. CHR. KANUHA: Karen, you can go right ahead. We have Tiffany Kai here, just can just open it up for Council Members over here for discussion. Page 41 -25November 3, 2015 MS. EOFF: You can open it up for discussion, and ask Ms. Kai to come forward tions. CHR. KANUHA: Okay, thank you. Ms. Wille, did you havedid you want to are you okay? Council Members, any discussion? Ms. Kai, do you want to just give a briefre, but if ive just a brief statement. (Note: At this time, Mass Transit Administrator Tiffany Kai came forward to address the members of the Council.) MS. KAI: Good morning, Council Chair Kanuha and Council Members. As you two million dollars, to move forward with our mass transit agency base yard facility andm sorry, excuse me, base yard maintenance facility. Initially, we came in and we requested funds, $10 million for this project, of which six million However, an additional two million is required to cover the construction cost of the project, which is higher than we expected. As mentioned before, this project is a vital component to the operations of the transit agency. The facility will provide an enhanced work environment designed specifically for transit related activities and repairs, as well as improve the overall efficiency, productivity, and safety of our agency. CHR. KANUHA: Thank you. Council Members? Mr. Paleka. MR. PALEKA: Good morning, Tiffany. How are you? In regards to the request for the additional two million, can you give us a brief rundown on why the additional funding? MS. KAI: ItI guess the estimated cost by the County came in at $8.7 million. However, the lowest bid came in at $11.2 million for the construction itself, and that does not include the design. So, were coming in here to request for the additional funds to move forward with the project. MR. PALEKA: Okay, so our projection was for eight million, but the lowest bid that came in was $11 million? MS. KAI: Correct. And earlier this year, we did appropriate $10 million. So, were asking for the two funds in ca Page 42 -25November 3, 2015 MR. PALEKA many bids came in? MS. KAI: Seven. MR. PALEKA: Okay. MS. KAI: Yeah, seven bids. MR. PALEKA CHR. KANUHA: Thank you, Mr. Paleka. Council Members, any other discussion? Ms. David. MS. DAVID: Hi Ms. Kai. form, and it says that this new facility will house five mechanics and 45 bus operators. What is the difference between what you have now as far as echanics for our transit system, so how much will this improve, as far as the number of mechanics and bus operators from what we currently have right now? MS. KAI: depend on if we increase routes as well. But this facility will allow, or be able to accommodate future growth of the transit agency. MS. DAVID: I see. So these numbers are basically status quo, what we have right now? MS. KAI: Correct. MS. DAVID: But with room to expand. MS. KAI: Yes, correct. MS. DAVID: Okay great, thank you. CHR. KANUHA: Thank you, Ms. David. Any other discussion? Okay, hearing Page 43 -25November 3, 2015 Vote on Bill 111: The motion to pass Bill 111 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KAHUNA: Motion passes. Thank you, Ms. Kai. Council Members, I meetings at one, unless you wanted to get one more in beforeokay. We can go Resolution 287. Res. 287-15: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF TAX MAP KEY 9-5- 012:005 SITUATED IN THE KAHUA UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND The 13 acre Kahua 2014 Annual Report of the Public Access, Open Space, and Natural Resources Preservation Commission for its historical significance and cultural importance. Reference: Comm. 476 Intr. by: Ms. David Approve: FC-37 Postponed: October 20, 2015 (Note: There is a pending motion by Ms. David and duly seconded by Mr. Paleka to approve Resolution No. 287-15.) CHR. KAHUNA give the floor to Ms. David. Ms. David? MS. DAVID: Mahalo, Chair. At this time, I would like to make a motion to th postpone this to the November 18 Council Meeting. Page 44 -25November 3, 2015 Vote on Motion to Ms. David moved to postpone Res. 287-15 to Postpone: November 18, 2015. Seconded by Mr. Paleka, and (Approved) carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KAHUNA: Motion passes. Okay, Council Members, I think its okay to take a recess right now, and we can recess the Council meeting until the conclusion of the Planning Committee. MS. WILLE CHR. KAHUNA: Sure. MS. WILLE: I just want to make surelike the nominees, just by any chance CHR. KAHUNA: Sure. Is there anybody in the outer sites that are here, and we could take up your nominations, anybody now. MS. WILLE: Okay CHR. KAHUNA: Thanks, Ms. Wille forokay. Okay, so we will take a recess, and reconvene the Council after the Planning Committee. But, we will come back at 1:00 pm for the Public Works and Parks and Recreation Committee. Okay, thank you. We are now in recess. Recess: At 11:52 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 2:00 p.m. CHR. KAHUNA: We are back out of recess for our Council meeting. Mahalo Page 45 -25November 3, 2015 Bill 106: AMENDS ORDINANCE NO. 15-58, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2015, TO JUNE 30, 2016 Adds the Haihai Fire Station (Kawailani Station Replacement) project for $6 million to the Capital Budget. Funds for the project shall be provided from General Obligation Bonds, Capital Projects Fund Fund Balance and/or other Sources ($6 million). Funds would be used to replace the current facility, which will be negatively affected by Kawailani Street road improvements. Reference: Comm. 511 Intr. by: Ms. Eoff First Reading: October 20, 2015 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10- Charter CHR. KAHUNA: Thank you, Mr. Clerk. Ms. Eoff. Vote on Bill 106: Ms. Eoff moved to pass Bill 106 on second and final (Adopted) reading. Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Paleka, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Onishi - 1. Excused: None. MS. EOFF: Mr. Chair? CHR. KANUHA: Yes, Ms. Eoff? MS. EOFF: I have a note here that Finance Department had asked us to waive the 5-day reconsideration, Rule 15. CHR. KANUHA: Was that a motion? MS. EOFF-day holdover reconsideration period. Page 46 -25November 3, 2015 Vote on Motion to Ms. Eoff moved to suspend Council Rule 15 to waive the Suspend Council 5-day hold for reconsideration of Bill 106. Seconded by Rules: Ms. Poindexter and carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ilagan, Paleka, Poindexter, Wille, and Chair Kanuha 8. Noes: None. Absent: Council Member Onishi 1. Excused: None. CHR. KANUHA of the agenda? Okay, Mr. Clerk, we can start at the top again, Resolution 310. Res. 310-15: AUTHORIZES THE DEPARTMENT OF PARKS AND RECREATION TO AWARD FUNDS TO KAILAPA COMMUNITY ASSOCIATION A grant of $71,000 would be provided to the Kailapa Community Association to help with funding for a community park and playground. Reference: Comm. 509 Intr. by: Ms. Eoff Approve: FC-38 CHR. KANUHA: Ms. Eoff. Vote on Res. 310-15: Ms. Eoff moved to adopt Res. 310-15. Seconded by (Adopted) Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KAHUNA: Next item. Page 47 -25November 3, 2015 Res. 315-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE USE OF SPECIAL DUTY Transfers $333 from the Clerk-Council Services Contingency Relief account (Council District 5); and credits to the Police Special Duty, Other Current Expenses account. Reference: Comm. 518 Intr. by: Mr. Paleka CHR. KAHUNA: Mr. Paleka. Motion to Approve: Mr. Paleka moved to adopt Res. 315-15. Seconded by Ms. David. CHR. KANUHA: Go right ahead, Mr. Paleka. MR. PALEKA: This is just a small contingency relief fund to help hold our you. CHR. KANUHA: Thank you, Mr. Paleka. Mr. Onishi. MR. ONISHI: Just wanted to thank you, Mr. Chair. I got word, maybe the Hilo Christmas Parade might not happen. Just a note there. Hopefully, somebody in the public might step up. Thank you. CHR. KANUHA: Thank you, Mr. Onishi. Any other discussion? Hearing or Return to Order The Chair directed the Council to return to the order of business. of Business: (Note: Items in this category were taken up previously out of order.) Vote on Res. 315-15: The motion to adopt Res. 315-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. Page 48 -25November 3, 2015 CHR. KAHUNA: Motion passes. Next item. Res. 316-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KA HALE O NA KEIKI PRESCHOOL FOR COMPUTER EQUIPMENT AND CENTER Transfers $3,200 from the Clerk-Council Services Contingency Relief account (Council District 1); and credits to the Parks and Recreation Administration, Other Current Expenses account. Reference: Comm. 519 Intr. by: Ms. Poindexter CHR. KAHUNA: Ms. Poindexter. Motion to Approve: Ms. Poindexter moved to adopt Res. 316-15. Seconded by Mr. Paleka. CHR. KANUHA: Go right ahead, Ms. Poindexter. MS. POINDEXTER-explanatory, but I just wanted to say that the computer equipment will allow the kids to continue that education, communicate with communicate with the crew during the voyage. So I ask for your support. Thank you. CHR. KANUHA: Thank you, Ms. Poindexter. Any other discussion? Hearing Vote on Res. 316-15: The motion to adopt Res. 316-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KAHUNA: Motion passes. Next item. Page 49 -25November 3, 2015 Res. 317-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST WITH EXPENSES RELATED TO THE 2015 HAW Transfers $1,000 from the Clerk-Council Services Contingency Relief account (Council District 5); and credits to the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 520 Intr. by: Mr. Paleka CHR. KAHUNA: Mr. Paleka. Motion to Approve: Mr. Paleka moved to adopt Res. 317-15. Seconded by Ms. David. CHR. KANUHA: Go right ahead, Mr. Paleka. MR. PALEKA: Yeah, this is just a companion Resolution to try and help fund Veterans Day Parade, just asking for your support. CHR. KANUHA: Thank you. Any other discussion? Hearing or seeing none, all Vote on Res. 317-15: The motion to adopt Res. 317-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KAHUNA: Motion passes. Next item. Page 50 -25November 3, 2015 Res. 318-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO ASSIST THE MASS TRANSIT OF ALU LIKE, INC., FOR AN ALL-DAY EXCURSION Transfers $800 from the Clerk-Council Services Contingency Relief account (Council District 8); and credits to the Mass Transit Agency, Other Current Expenses account. Funds would be used for a trip to Waimea and Kohala. Reference: Comm. 526 Intr. by: Ms. Eoff CHR. KAHUNA: Ms. Eoff. Motion to Approve: Ms. Eoff moved to adopt Res. 318-15. Seconded by Mr. Paleka. CHR. KANUHA: Ms. Eoff. MS. EOFF: Thank you, Mr. Chair. I just would ask everybody to support this. Of course, we want to give our kupuna a meaningful excursion and a day trip. So thank you very much. CHR. KANUHA: Thank you, Ms. Eoff. Any other discussion? Hearing or Vote on Res. 318-15: The motion to adopt Res. 318-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KAHUNA: Motion passes. Next item. Page 51 -25November 3, 2015 Res. 319-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HOSPICE OF HILO TO PURCHASE LAPTOPS AND SOFTWARE TO IMPROVE PATIENT CARE Transfers $8,000 from the Clerk-Council Services Contingency Relief account (Council District 2); and credits to the Research and Development, Reference: Comm. 527 Intr. by: Mr. Chung CHR. KAHUNA: Mr. Chung. Motion to Approve: Mr. Chung moved to adopt Res. 319-15. Seconded by Ms. David. CHR. KANUHA: Mr. Chung, go right ahead. MR. CHUNG: Thank you. Very briefly, I think all of you know how good a program the Hospice of Hilo is, and all the services they provide to people in our community. About a month ago, Mr. Ilagan, myself, and Mr. Onishi had an opportunity to tour their new facility, and we got to learn actually more about their program. You know, I found out that one area where they could use help was in their laptops, because this would really allow them to enhance their service , and I hope CHR. KANUHA: Thank you, Mr. Chung. Any other discussion, Council Vote on Res. 319-15: The motion to adopt Res. 319-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KAHUNA: Motion passes. Next item. Page 52 -25November 3, 2015 Res. 322-15: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTI-FUNCTION COPY MACHINE FOR THE DEPARTMENT OF RESEARCH AND DEVELOPMENT Authorizes the Mayor to enter into a five-year lease agreement for a multi- function copy machine for the Kona Office, at an approximate cost of $1,545 per year. Reference: Comm. 531 Intr. by: Ms. Eoff Waived: FC CHR. KAHUNA: Ms. Eoff. Motion to Approve: Ms. Eoff moved to adopt Res. 322-15. Seconded by Mr. Paleka. CHR. KANUHA: Any discussion, Ms. Eoff? MS. EOFF: No. This is pretty self-explanatory. CHR. KANUHA: Okay, thank you. Any discussion? Hearing or seeing none, all Vote on Res. 322-15: The motion to adopt Res. 322-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KAHUNA: Motion passes. BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): Page 53 -25November 3, 2015 Bill 100: AMENDS CHAPTER 20, ARTICLE 5, SECTIONS 20-50 AND 20-52 OF RELATING TO REFUSE Amendments would allow for the transport of refuse from transfer stations to the non-designated landfill if doing so would avoid penalty fees, help to meet minimum volumes to qualify for discounted fees, or if the designated landfill is under repair. Reference: Comm. 493 Intr. by: Ms. Wille Approve: EMC-4 CHR. KAHUNA: Ms. Wille. Motion to Approve: Ms. Wille moved to pass Bill 100 on first reading. Seconded by Mr. Paleka. CHR. KANUHA: Ms. Wille MS. WILLE: Yes, just to bring the public up to date that the big picture here is that this would allow the Environmental Management Director to redirect landfill trash, not compostables, not recyclables, over to the west side. I mean in theory, it would allow the Director to actually direct trash from any transfer station to either of the landfills. And the key here really is in terms of efficiency. Right right now, mark, the rates would go down just based on the contract that we have with Waste Management. We would save about around $60,000. The cost to do this would be about $5,000, which actually, even that cost would be all set. Because right west side over to the east side, where it is needed, and also to avoid EPA (Environmental Protection Agency) fines. So, this is really just one part of a picture of being more efficient, and it does promote sorting and zero waste implementation. And we will have an additional, somewhere between $50,000 and $70,000 a month that we could use, for example, on our compost program, which as we know, most all contracts are right now, higher than what we expected, and I expect the one change here isI would like to move to amend Bill 100 with the contents of Communication No. 493.1. Motion to Amend: Ms. Wille moved to amend Bill 100 with the contents of Communication 493.1. Seconded by Mr. Onishi. CHR. KANUHA: Ms. Wille. Page 54 -25November 3, 2015 MS. WILLE: And this is to address a clarification that Director Leithead-Todd asked about, and that is to make clear that biodegradable plastics would be considered compostables, and not otherwise. So it basically, is a clarification of the amendment. I did look into this and I did research it, just in terms of what biodegradable means, and if biodegradable, for example, i goes into the landfill, and If it is put into compost, and high heat compost, like what we, as a very advanced County are going to be doing, our compost program, one of only so many in the country, this will actually, it will beit is all compostable, and then can be used as part of reaping return to the soil, and used for soil amendments. So basically, ything substantive in the bill, and I ask for your approval of this amendment clarification. CHR. KANUHA: Thank you, Ms. Wille. On the amendment. Hearing or seeing MS. EOFF CHR. KANUHA: Okay, thank you. Once more time, all in favor of the Vote on Motion to The motion to amend Bill 100 with a contents of Amend: Comm. 493.1 was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Now, onto the main motion as amended. Ms. Wille. MS. WILLE: Okay, we have discussed this quite a bit, prolong the discussion. I stated what the big picture is here, if anybody has any questions, CHR. KANUHA: Thank you. Mr. Onishi. MR. ONISHI: Thank you, Mr. Chair. I just wanted to mention that I was on the Council when we did pass it. Part of the arguments, which was your past Council , w want these trucks going through the district, because the constituents was Page 55 -25November 3, 2015 , these big trucks going through the town of Waimea, going along . And But not thinking like, we had brought up about the cost, right? And so, and if you look at that solid waste plan, it says one of the cheapest way of disposing all our trash is to truck it over to Puanahulu. Right? because it does make sense and then like , we going to be saving money because as Ms. Leithead- Todd had mentioned before, atI guess they have to put about eight feet of soft materials in order for heavy things not to puncture the lining. And so it takes longer because now, they only using basically on the west side. So, it takes like double the time to get it. So then, know, I really thank you for doing this, because then we looked at trying to do it, but then nobody really wanted to pull the trigger, and you did. So thank you very much, Ms. Wille. CHR. KANUHA: Thank you, Mr. Onishi. Mr. Chung. MR. CHUNGs sentiments, and I think it was appropriate that Ms. Willeyou know, it could either have been her or Ms. Poindexter to have pulled the trigger, because it would have been their districts that would have been immediately affected by this sort of measure. Bu district, right? Because if they going to use Saddle R of the real big problems, you know, with trucks going past the residences there. But -92, which started this whole thing way back, this is what Mr. Onishi was relating to. It passed in 2012, and it kind of precluded the trucking of refuse from Hilo or other parts of the island, to Puanahulu, which would actually be the most sensible solution to our trash problem. We all know that, but because of some unhealthy kind of resistance on the part of some to have two trucks pass their areas a day at most, we come up wit take the heat from maybe some residence but for the greater good, and right? For the greater good. I think this is a real sensible solution, so thank you very much, Ms. Wille. CHR. KANUHA: Thank you, Mr. Chung. Ms. Eoff, any discussion? MS. EOFF: Thank you, Mr. Chair. Yeah. Of course, we have heard from a few the previous ordinances that Mr. Onishi and Mr. Chung are referring to. There are criteria that would need to be met before the trash would be taken from one Page 56 -25November 3, 2015 landfill to the other. So I just, I wondered if Ms. Wille had any estimates though, because someone was here earlier from the resort industry. They just were wondering about, if we knew how many truck loads it would mean per day, per week, or if there was any guess on that? CHR. KANUHA: Was that a question directed to Ms. Wille? MS. EOFF: Yeah, if she has that information. If not, I think we can get it later, CHR. KANUHA MS. WILLE: Yes. I did attend the Environmental Management Commission meeting and we discussed these points, and they did work up a cost analysis of what it would cost to do this. And based on what their anticipated truckage would be, and it would be about $5,000 a month, the cost. That would be set off by our get a reduction in rates, by $60,000, plus we would be saving money because we have to truck mulch over. S much of a cost. highway, but it would probably be more often the Saddle Road. And when Saddle Road is completed, it would also be continuing down that way rather than down across Waikoloa. two trucks, additional trucks a day. In other words, it woul noticeable. And what would have happened, what they anticipated in 2011, when they were not working on an aggressive Zero Waste Plan like what we just take everything and load it over. was just, do we do an incinerator or build a new landfill? That was it, or truck everything. So I think that this really fits into a very comprehensive plan. It is not included, the green waste. This excludes that. be Saddle Road, but i not limited. There may be sometimes when different route, a talked to the representatives from the resort association as well as numerous members of my constituency, just to clarify these points and explain the big picture. Again, I think that what Mr. Chung and Mr. Onishi talked about, you know, we have to look at the big picture, and we can really look at all the programs we can use. This is over a million dollars that were saving that we can use, and I really think it would be just a real error on our part not to do this, and also pull together. You know, I think back and there was a lot of politics going on, ities, and not Page 57 -25November 3, 2015 just get into, you know, nimby politics, and looking out just for our own areas. Thank you. CHR. KANUHA: Thank you, Ms. Wille. Mr. Onishi. MR. ONISHI: I just wanted to also mention that, you know, during that time when we had that bill I cannot remember how many had. It was maybe less that ten people, or even less than five people who came out. Yeah, so the traffic on Queen K, you have from Kawaihae going into Kona, all these rigs passing them. So he difference, but this is great. But thank you, Ms. Wille. CHR. KANUHA: Thank you, Mr. Onishi. Any other discussion, Council Members? MS. WILLE this, and maybe we vote on thein terms of thethat we not need to move this forward to the next meeting. Can we do the final vote? In other words, this is the CHR. KANUHA: This is first reading. It still has to go to second reading. MS. WILLE wanted clarified. CHR. KANUHA: Okay, thank you, Ms. Wille. Any other discussion on Bill 100 Vote on Bill 100: The motion to pass Bill 100, as amended to Draft 2, on first (Approved) reading and adopt Environmental Management Committee Report No. 4 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KAHUNA: Motion passes. Bill 37, Draft 5. Page 58 -25November 3, 2015 ORDER OF The Chair directed the Council to proceed to the next order of business, THE DAY Order of the Day (Second or Final Reading). (SECOND OR FINAL READING): Bill 37 AMENDS CHAPTER 2, (Draft 5): 1983 (2005 EDITION, AS AMENDED), RELATING TO THE CODE OF ETHICS Amends: 1) Definitions - - amends provision for use of County officer or employee, or a business where an immediate family member of a County officer or employee has a controlling interest of said business, to enter into a contract with a County agency, provided disclosure and approval provisions have been satisfied; 3) Conflicts of Interest - revises provisions for the ability of County officers and employees to represent private interests in legal actions/proceedings against the County or appear on behalf of private interests before any agency of the County; and 4) Contracts amends provision to allow the County to enter into contracts with officers or employees of the County, or any business where an immediate family member of an officer or employee has a controlling interest, provided disclosure and approval provisions have been satisfied. Reference: Comm. 231.22 Intr. by: Ms. Wille First Reading: October 20, 2015 CHR. KANUHA: Ms. Wille. Motion to Approve: Ms. Wille moved to pass Bill 37, Draft 5, on second and final reading. Seconded by Mr. Onishi. CHR. KANUHA: Ms. Wille, go right ahead. MS. WILLE: Okay. Well, we worked on this. This started out long before my time, and I think we moved and made many corrections and additions. And right now, I feel that if anyone has other suggestions, they should do it in their own bill. I know that we can alwaysI mean I do believe ethics is critical, and I appreciated all the testimony here today. And, weI feel that this is an important step. There are actually numerous provisions in this, , in terms of the potential conflict of interest between employee, and a contractor. And, I want to reiterate that, e made, I did it not to cave in and listen, but I actually feel this is a better bill. And that by having more transparency, we will see if there are issues. But provided, if there does Page 59 -25November 3, 2015 adequate to address the situation where you have someone whose an employee, and they are member of immediate family is a contractor, then I will come back and again ask for the Council to consider something more. But again, obligation towards promoting a higher level of ethics, and at the same time, being fiscally responsible. That if we are able to secure someone to do something, and I think that person that came to testify was a good example, where they came in and they were a contractor and then became an employee, and their bids were, I think ithundreds of thousands of dollars difference. So, we need to balance those two different responsibilities sufficiently promoting a level of ethics that we want, and a high level of ethics, then I think that we will revisit this. I did add the change that Representative Onishi asked, which that amendment just to clarify, that once someone comes in, a contract, CHR. KANUHA: Thank you, Ms. Wille. I think Mr. Onishi can MR. ONISHI: I just wanted to echo what you said. This is a great bill. Again, I was there when this thing was brought up many terms before and we finally got to resolve it. Well part of it. I know you going to be coming up with more, but you know, this is great. I guess we made a very great bill, instead of having something where we rush it through, and then later on you going to have to amend the bill, But this was d comments, but thank you. I just wanted to kind of make onemention one thing, but you know, we had concerning about this ethics, this Bill 37. I think their I guess, concerns needs to , will move forward, but not relying on this Bill 37 to help them. Thank you. CHR. KANUHA: Thank you, Mr. Onishi. Council Members, any other discussion on this? All in favor of Bill 37, Vote on Bill 37: The motion to pass Bill 37, Draft 5, on second and final (Draft 5) reading was carried by the following voice vote: (Adopted) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. Page 60 -25November 3, 2015 CHR. KANUHA: Motion passes. Next item, Mr. Clerk. Bill 94: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, OF COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Adds portion of Kalawa Street to Schedule 28 (No parking at anytime), Subsection (f), Kona. Reference: Comm. 477 Intr. by: Ms. Poindexter First Reading: October 20, 2015 Vote on Bill 94: Ms. Poindexter moved to pass Bill 94 on second and final (Adopted) reading. Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Next item. Bill 95: COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Amends provision in Schedule 5 (35 mph limit) and adds provision to Schedule 3 (25 mph limit), both for portions of Kawailani Street, Subsection (c), South Hilo, to relocate a 35 mph speed limit sign to allow for a future driveway. Reference: Comm. 478 Intr. by: Ms. Poindexter First Reading: October 20, 2015 Page 61 -25November 3, 2015 Vote on Bill 95: Ms. Poindexter moved to pass Bill 95 on second and final (Adopted) reading. Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Next item. Bill 103: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING ENDING JUNE 30, 2016 Increases revenues in the Federal Grants State Homeland Security Program Fiscal Year (FY) 2015 account ($360,000); and appropriates the same to the State Homeland Security Program FY 2015 account. Funds would be used with existing funds towards the purchase of specialized equipment to enhance the capability of state and county agencies to prevent and respond to incidents of terrorism and other hazards. Reference: Comm. 497 Intr. by: Ms. Eoff First Reading: October 20, 2015 CHR. KANUHA: Ms. Eoff. Motion to Approve: Ms. Eoff moved to pass Bill 103 on second and final reading. Seconded by Ms. David. CHR. KANUHA: Is there any discussion? Mr. Paleka. MR. PALEKA: Yeah, I was kind of curious you know, because of the testimony we had earlier, what are we actually purchasing? What types of equipment? With the $360,000? Is there a department representative? CHR. KANUHA: We had during the committee hearings, Chief Oliveira here. MS. EOFF: Mr. Chair? CHR. KANUHA: Yeah, Ms. Eoff? Page 62 -25November 3, 2015 MS. EOFF: I remember we did have him discuss this a little bit, and to me, I ts of terrorism, it also supports all hazards know what specific mited to homeland security, terrorism type of needs. MR. PALEKA CHR. KANUHA MS. WILLE: I know we did answer those questions last time, whether we remember exactly what it is, we did address that. CHR. KANUHA: MS. EOFFits specialized equipment. MR. PALEKA kind of concerned, and I wanted to address that testimony we had earlier. MS. EOFF: Do you want toould make a couple phone calls and see if we can ask him. CHR. KANUHA: We could table this if you want to. MR. PALEKA: Yeah, please. CHR. KANUHA: Do you want to make a motion? MR. PALEKA: Can I move that we at least postpone, table it for now? Vote on Motion to Mr. Paleka moved to table Bill 103 to the end of the agenda. Table: Seconded by Ms. Wille and carried by the following voice (Approved) vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Okay, Mr. Clerk, can we go to Bill 104? Page 63 -25November 3, 2015 Bill 104: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING ENDING JUNE 30, 2016 Appropriates revenues in the Fund Balance From Previous Year Designated account ($6.64); and appropriates the same to the Kohala Ranch Project 4 account. The funds would be maintained separately and expended in accordance to the requirements of their respective housing agreements. Reference: Comm. 498 Intr. by: Ms. Eoff First Reading: October 20, 2015 Vote on Bill 104: Ms. Eoff moved to pass Bill 104 on second and final (Adopted) reading. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Bill 105. Bill 105: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING ENDING JUNE 30, 2016 Increases revenues in the Federal Grants Department of Health (DOH) Complete Streets-Federal Grant account ($35,000); and appropriates the same to the DOH Complete Streets-Federal Grant account. Funds would be used with existing funds to allow staff within the Planning Department to attend Complete Streets training. Reference: Comm. 510 Intr. by: Ms. Eoff First Reading: October 20, 2015 Page 64 -25November 3, 2015 Vote on Bill 105: Ms. Eoff moved to pass Bill 105 on second and final (Adopted) reading. Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Bill 107. Bill 107: COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Adds portions of Manini Beach Road, Kahauloa Street, and Kahauloa Road, to Section 24-280, Schedule 28, (No parking at anytime), Subsection (f), Kona, to address a concern that cars are parking in this heavily used beach area in places too narrow for parking. Reference: Comm. 513 Intr. by: Ms. Poindexter First Reading: October 20, 2015 CHR. KANUHA: Ms. Poindexter. Motion to Approve: Ms. Poindexter moved to pass Bill 107 on second and final reading. Seconded by Ms. David. CHR. KANUHA: Any discussion? Ms. David. MS. DAVID: Thank you, Chair. I just wanted to ask my Council Members for support on this. This effort basically finalizes the events in establishing the no parking in an area where there were some safety concerns that our ambulances would not be able to access the beach area, and it was a collaborative effort by the administration, myself, and the community. And the No Parking signs were erected, and this basically finalizes the move that was made. Thank you. CHR. KANUHA: Thank you, Ms. David. Any other discussion? Hearing or Page 65 -25November 3, 2015 Vote on Bill 107: The motion to pass Bill 107 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Next item. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. PC-31 NOMINATION OF KRISTEN L. DIRKS AH SAM TO THE NORTH (Comm. 512): KOHALA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE CHR. KANUHA: May I have a motion to close file? Move to approve the nomination of Kristen Dirks Ah Sam to the North Kohala CDP (Community Development Plan.) Motion to Approve: Ms. Wille moved to adopt Planning Committee Report No. 31. Seconded by Mr. Paleka. CHR. KANUHA: Ms. Wille, any discussion? MS. WILLE have some meetings. CHR. KANUHA: Thank you, Ms. Wille. Any other discussion? Hearing or Vote on PC-31: The motion to adopt Planning Committee Report No. 31 (Adopted) was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Next item. Page 66 -25November 3, 2015 PC-32 NOMINATION OF RICHARD L. ELLIOT TO THE NORTH KOHALA (Comm. 512): COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE CHR. KANUHA: May I have a motion to file Communication 512 and approve the nomination of Richard L. Elliot to the North Kohala CDP (Community Development Plan) Action Committee? Motion to Approve: Ms. Wille moved to adopt Planning Committee Report No. 32. Seconded by Mr. Paleka. CHR. KANUHA: Any discussion? Ms. Wille. MS. WILLE: have CHR. KANUHA: Thank you, Ms. Wille. Any other discussion? Hearing or Vote on PC-32: The motion to adopt Planning Committee Report No. 32 (Adopted) was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. There is somebody on their way from Civil just go into Executive Session. Is that okay, or do you guys want to wait a few minutes? Executive Session? Okay. Civil Defense is right here, right? Right across the street. Executive Session then. May I have a motion? MR. HENRICKS: Mr. Chair. CHR. KANUHA: Yes. MR. HENRICKS supposeto go into Executive Session motion to go indeal with that? said Page 67 -25November 3, 2015 CHR. KANUHA: positionif Corporation Counsel is okay with that. MS. WILLE go into Executive Session on the second one. CHR. KANUHA: Sure. Mr. Clerk, can you just read in Communication 528? Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following items were taken out of order: Comm. 528: REQUEST TO AUTHORIZE THE HIRING OF LEONG KUNIHIRO BENTON & BROOKE AS SPECIAL COUNSEL FOR DEPARTMENT OF COMPENSATION BRANCH From Corporation Counsel Molly A. Stebbins, dated October 14, 2015, requesting an attorney-client confidential discussion to consult with the Council the hiring of special counsel, including pricing information. CHR. KANUHA: Ms. Wille, may I have a motion? MR. HENRICKS: Then the motion, just to be clear, is to authorize the hiring of special counsel, which requires a 2/3 vote of the Council. CHR. KANUHA: The motion will be to authorize for Council to hire special counsel. Okay, Ms. Wille, go right ahead. Motion to Approve: Ms. Wille moved to authorize the hiring of special counsel. Seconded by Mr. Onishi. MS. WILLE: Yeah so, canyou know, to go into Executive Session, but otherwise, I see this as acan we just explain it here to the extent that you feel comfortable? MS. STEBBINS County Council, Molly Stebbins, Corporation Counsel. We, for the past several years, had an attorney working for us who handled our workers compensation matters, and she unexpectedly past away a few weeks ago. So, we thought about our options for handling workers compensation cases, which is a highly specialized area of the law. Prior to having Nora Pinnow as a County employee, at this point. Hiring somebody with the necessary experience, bringing them in- At least not bringing someone on board as quickly as we need somebody. So were looking to hire outside Counsel to handle this. Page 68 -25November 3, 2015 MS. WILLE: Okay, let me just say off the top of my head, t like this idea. I at somehow is more difficult than the other areas that you all are handling. And I And I do want to refer tothere was testimony maybe a month or two ago, someone came here, aall what it had to do with, I think it was and talking about his, he talked about his experience, and working with that contract attorney, and it was with the police force. It was a case, and just how difficult it was, and the contract attorney said, W have to get back to the police department, and Mayor Kenoi and on and on. And it was like just a total comp is where people are people, us, are heard and need help. And understand that this person has died, and if somehow you needed to hire . And I in particular it if you want to respond. Anyway, you CHR. KANUHA: Thank you, Ms. Wille. Mr. Paleka. MR. PALEKA: Hi Molly, how are you? MS. STEBBINS: Good. MR. PALEKA: I just had one question in regards the amount we looking at for MS. STEBBINS: MR. PALEKA: How many employees could that garner if we hired them under the County? If we pay an attorney like say, $80,000 a year, we get two attorneys? MS. STEBBINS: well the $300,000 probably would, maybe Charmaine wants to come up here so she can speak historically. But maybe that would cover about two years. MR. PALEKA: Two years, so $150,000? Page 69 -25November 3, 2015 MS. STEBBINS MR. PALEKA: Hi Charmaine, how are you? MS. KAMAKA MR. PALEKA: a year for an attorney? MS. KAMAKA: Possibly. CHR. KANUHA: If you can just restate your name for the record. MS. KAMAKA Manager for the Health and Safety Division. I based that numberI pulled that numberI looked back at what we spent for the firm of Pinnow and Ono, before she was a County Deputy, and we spent up to, close to $200,000 in one particular year. foresee the hiring of a new attorney that specializes in work comp in the near future. The money lapse, it carries. So, until such time that the County is able to secure an attorney that would be dedicated to doing workers compensation, we need the specialty. MR. PALEKA: So, when the case first comes in front of the labor department, the attorneys going to represent them from step one? MS. KAMAKA: No. MR. PALEKAokay. MS. KAMAKA: These are complex cases that require the services of an attorney. A lot of them are at the Appellate Board level, where you have to have the services of legal counsel. Soand it is a specialty, it really is. I respect these are our employees, referred to an attorney are very complex and litigated claims. MR. PALEKA: Do I still have the floor? Okay. I understand a little bit about workmans, and I know you know I represented comp cases. MS. KAMAKA: I know. I know you know. MR. PALEKA: So out there for our constituents. So they understand why the money, and what the argument is in Page 70 -25November 3, 2015 lot of medical information that has to be processed by the attorney, and the h sides. pretty comfortable with the amount, $350,000. Charmaine, did we ever have our own attorneys, too to do comp cases before? MS. KAMAKA: But we had Nora. Way in the past, we had Corporation Counsel. MR. PALEKA: We had our own, yeah? MS. KAMAKA: And, it came over the years, we decided we need someone who specialized in work comp, because the attorneys at Corp Counsel were spread ir specialty. And the best wayI explained it in the past to Counsel, is if you had cancer, you could go to a GP (General Practitioner), but And , a special field, and so to ask the attorneys at Corp Counsel, pecialize specialty. So, along the waywell firstly, we decided to hire outside Counsel, and then we were fortunate enough to obtain the services of Nora as a County employee. MR. PALEKA: Welland I can understand that reasoning, but the law is pretty ratablein terms of the decision finding, or arguing a decision, I can see, trying to get the best attorney representation. MS. KAMAKA CHR. KANUHA: Thank you, Mr. Paleka. On the first round, any other discussion? Ms. David. MS. DAVID: Aloha Charmaine and Molly. 92, and I was just wondering, I know cases can drag on, are theseis this firm pretty much hired to complete all these pending cases as much as possible? MS. KAMAKA: Yes. MS. DAVID: So they will be charged in addressing these cases? So, as new cases? MS. KAMAKAirm, along with the claims on that list. The expectation is that many of those claims will be brought to closure. Page 71 -25November 3, 2015 MS. DAVID specialized law firm, and the number of cases that I see on this list, some of them are very old, it would be great. Ae cases, then I would definitely support this, just to get you folks some help and back on your feet. Okay, mahalo. MS. KAMAKA: Thank you. CHR. KANUHA: Thank you, Ms. David. Ms. Wille. MS. WILLE: How many vacancies are there right now in your department? MS. STEBBINS: Including the position that Nora held, three. MS. WILLE: as more cases get added, it will continue. I mean it seems like thisat first I thought, well is this a temporary situation to get us through this backlog, or are we switching and we want to have an outside counsel handle it? And it seems like MS. STEBBINSyearsno, at this point, the intent is to go back to having outside counsel provide this service, which is what we had for years and years. And frankly, we had an opportunity to bring Nora in-house when she retired and closed her practice, and she worked for the County for maybe two years. MS. WILLE: I mean if, , whatever it is with benefits, $150,000. MS. KAMAKA: of that happeningwe were very fortunate that Nora was retiring at the time she was retiring. They were closing their firm, and so we were very fortunate to have that happen, and if we had that opportunity again, that would be the best route. MS. WILLE: It is? MS. KAMAKA: Absolutely. MS. WILLE: that while we temporarily haveand do this farming out I mean thereare attorneys that hard to come by? MS. KAMAKA: Work comp attorneys are very hard to come by. Page 72 -25November 3, 2015 MS. WILLE: Really? MS. KAMAKA: Very hard to come by. MS. WILLE: Okay, the only thing, again, I want to just express my concern, that in terms of talking to people who have been through the workers comp with one of the contract attorneys, has been very unsettling, and always feeling that there have full control. They have to check back here with the County, and then those people contacting the someone that the people that are most affected who have just expressed concern here, including testifying before our Council, has made it much more difficult than not a sense of that there people that are a part of this, really within this system or constellation. So, I just want you to be aware of that. My concernI mean we could farm out everyon. arspeople have gone, but employee is preferable. that easy. So, okay. I yield. CHR. KANUHA: Thank you, Ms. Wille. Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman. Charmain or Molly, if you guys can I see $300,000 over two years, right? They said, estimated. MS. KAMAKA: Correct. MR. CHUNG: But MS. KAMAKA MS. STEBBINS: If you do approve the contract, approve us hiring special counsel, and we enter into the contract, its public record. But at this point, and or one of the reasons, is the pricing information in the law firms proposal is not public record at this time. So, we can go into executive session and I can discuss the fees, but MR. CHUNG: And I have no problem with going into the executive session for MS. STEBBINS: I just said, if you authorize us to enter into this contract, and we do so, then the contract is public record at this point. Page 73 -25November 3, 2015 authorization to do so. Conceivably, you could say no, and then we back to square one. MR. CHUNG: Okay. Sobut it is on an hourly basis, though, whatever that thing may be? MS. KAMAKA: Correct MR. CHUNG year? MS. KAMAKA: Very possible, depending on the number of claims that are referred. Depending on the complexity of the claims, absolutely. MR. CHUNG: eally necessary that we go into executive session to find out what that hourly fee is, right? We just got looking at. You know, I share the concerns that Ms. Wille brought up, but at the same time, I agree with Charmaine. try to get-house, right? Which had all those years of experience, retired, and then agreed to come on board. I mean ironically, you know, twenty-two years ago, I was the work comp attorney for the County, but doing it really part-time. I easy thing to do, learning on the job and then handling all these other departments as well. And thenso I can see the need for it, no question about it. But you know, possibly getting someone who specializes within the department. But one thing that I have a concern about, you got three vacancies, right? One of which was for the work comp person. o be spending possibly $300,000 or more a year for work comp, and now we still got three open spots, when actually it should be only two. MS. STEBBINS: MR. CHUNG: Okay, alright, good. And my last thing really has nothing to do with this specific matter, but tangentially related to special council. And itI guess it could be tied into what Ms. Wille was talking about, you know, the accessibility, accountability of these special council people. we have any report, or reports regarding the people we retain as special counsel. I mean, are we given periodic reports on that? MS. STEBBINS: Are you given reports on Page 74 -25November 3, 2015 MR. CHUNG: Yeah, just to tell us who we have retained? There must be a number of people retained. MS. STEBBINS knowledge, we do not send reports. We come initially when we seek your authorization to hire them, and beyond that, there no periodic reports. MR. CHUNG: can get a point-in- what we possibly maybe spending on them going forward, and just a brief synopsis of their case? MS. STEBBINS: Sure. MR. CHUNG: And then, if you could just send it to Chairman Kanuha, then we can discuss it at the Council. Thank you, Molly. Thanks, Charmaine. CHR. KANUHA: Thank you, Mr. Chung. Mr. Paleka, did you have any more discussion? MR. PALEKA: If we are going into executive session anywayyou know, when I did look at the list of attorneys that had cases pending against, that we had pending with the County, some of them are very familiar and some of the attorneys on the other side, having worked with them in the past, and one sits on the Board now. But my of thesehowwhat are the average age of these cases? MS. KAMAKA: That, you know, there is no closure rate per se. Our mission is to make the person whole, and that brings it to closure. MR. PALEKA MS. KAMAKA: Correct. Some are very complex and take a long time. MR. PALEKA: I understand that, Charmaine, but once they are deemed ratable, and you can reach a decision, so MS. KAMAKA: We close them. MR. PALEKA: Right. So MS. KAMAKA: The claims you see listed on those that are to be referred to special council, are not those types of claims. Page 75 -25November 3, 2015 MR. PALEKA: Still pending. MS. KAMAKA: There not, okay, MMI, Maximum Medical Improvement, rated and ready for closure. There litigious, d Complex claims. MR. PALEKA: Okay, so none of them are ratable and ready to have aokay. MS. KAMAKA MR. PALEKA: CHR. KANUHA: Thank you, Mr. Paleka. one to go into executive session unless anyone has a dying wish to go and get Ms. Eofflet me just ask of Ms. Eoff real quickly. Ms. Eoff, are you okay? MS. EOFF: Yes, thank you. CHR. KANUHA: Okay, Mr. Chung. MR. CHUNG: this thing going to work? Can we? MS. STEBBINSrt and end date, just because of the nature of the work. I mean, we hire them to see claims through to their completion, just basing off of what was done in the past. Weit looks like the office would come before the Council to seek authorizations to either extend or provide additional funding to the existing contract every couple of years. It also probably to do another procurement just to keep the process open and competitive. MR. CHUNG: Okay. And you guys will be keeping a tab on their bills, right? MS. STEBBINS MS. KAMAKA: We watch the funding, and if the funding is running low, we come before you again and ask for additional funding. It comes from the general fund account. The general fund, workers monies, i MR. CHUNG: . MS. KAMAKA Page 76 -25November 3, 2015 MR. CHUNG: Yeah. Can we cut it short, or do we have to let it run its course? MS. KAMAKA: Cut it short, you assign an attorney to the claim that may not be well versed in workers comp. MR. CHUNG: Right. MS. KAMAKA: I mean MR. CHUNG: Well, how much were we spending in the past, per year? MS. KAMAKA: Forbefore we hired Nora? MR. CHUNG: Yeah. MS. KAMAKA: I just happen to have that information. You want calendar year or fiscal year? MR. CHUNG: MS. KAMAKA: $136,585. Budget year 2009, $192,723. Budget year 2010, $174,375. Budget year 2011, $175,345. Budget year 2012, $197,605. MR. CHUNG: And that was the end, right? MS. KAMAKA: And that was the end. MR. CHUNG: say, $450,000 for whack, right? MS. KAMAKAs not likely because MR. CHUNG: I can live with those amounts. I think those are fair. MS. KAMAKA MR. CHUNG: Yeah, okay. Thanks, Charmaine, I trust you. MS. KAMAKA: Okay, thank you. CHR. KANUHA: Thank you, Mr. Chung. Mr. Paleka. Page 77 -25November 3, 2015 MR. PALEKA: One more, I guess. This could be a suggestion. Can we continue trying I think it would help the attorney that if we do hire one. In the long term, we would be more feasible for us, especially if theyif we can keep that individual long term. MS. KAMAKA the position has to be in Corp Counsel. Attorneys have to be housed at Corp Counsel organizationally. MR. PALEKA MS. KAMAKAfunded. I mean, for obvious reasons. MR. PALEKA: I just looking at the long term. I mean, if we can get a handle of these cases, instead of them you know having to MS. KAMAKA top of 2017, to MR. PALEKA MS. STEBBINS: My position is appointed by the Mayor, and all the deputies are - MR. PALEKA: But the Corporation Counsel position that you had mentioned, , is it? MS. STEBBINS: The Deputy who was handling workers compensation, she was housed within the Health and Safety Division, but she came under organizationally, she came under Corp Counsel. She was a Deputy Corporation Counsel. MR. PALEKA: Okay. CHR. KANUHA: Ms. Wille. MS. WILLE: I have some problem with how old so many of these cases are. I mean, I know when I did some workers comp, it was the employer, i how to keep it going longer, and year after year. And you look at all these people but at the same time, we need to look at it, us as a Council, both sides. And I was alwaysfelt up against theit getting extended and year after yearand then Page 78 -25November 3, 2015 finally, the person , I have to settle for something that seems very unfair. I appreciate what Council Member Paleka was saying, sort of, what is the long term view? But I feel like we really arewe got two paths and once we go down this one, these are the people that are going to get the education, and be , to go and hire y effort to find somebody that can do these cases. We have vacancies, and somehow fill it. At the same time, if it waswe want somebody who is a specialist to help a staff t CHR. KANUHA: Thank you, Ms. Wille. Mr. Chung, I want to give you the last opportunity. MR. CHUNG: Thank you. Very briefly, you know, I agree with her, I agree with Mr. Paleka, and you know, perhaps Molly, in just as the administrator, you could , quite frankly. But I will mention dearth of good workers compensation attorneys in Hilo anyway, and able to get representation. S people , And it is very specialized, s and it was really fortunate that Nora was willing to come on board. So, you e reality of this situation. So, I know you guys are stuck, but if you guys can kind of just possibly, maybe, have one of your deputies go sit in at an Appeals Board hearing with these guys. MS. STEBBINS: We have one of our deputies who was assigned as - up, all of the attorneys have back-ups assigned to cover, a handling the workers comp matters this past month or so. Frankly, if we had the man comp, but is full time. MR. CHUNG: Right. And you -up was, go accompany Leong, Kunihiro, Benton, and Brook at some of those hearings, and maybe interface with them, and just learn. And then you guys can start sending this person to more training possibly, and if it works out, it works out. If it . But Page 79 -25November 3, 2015 CHR. KANUHA: Thank you, Mr. Chung. Mr. Onishi. MR. ONISHI: Thank you, Mr. Chair. Molly, maybe you can contract Ms. Wille. MS. STEBBINS: No comment. CHR. KANUHA: Conflict of interest. Okay, any other discussion, Council Members, before we move on and ? Okay again, the motion on the floor is to authorize the hiring of special counsehe motion is. Okay. Vote on Comm. 528: The motion to authorize the hiring of special counsel was (Adopted) carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, and Chair Kanuha 8. Noes: Council Member Wille - 1. Absent: None. Excused: None. MR. ILAGAN: Mr. Chaiman? CHR. KANUHA: Yes. MR. ILAGAN: I would like to make a request to take a recess to express our support for the Drug Court Program. They currently got BJ federal funds. and I was just wondering if we could take a recess, speak to them for just a little while, and then continue our Council. CHR. KANUHA: to get rid okay. Maybe a few minutes, and we can go into that, and then we can take a recess. So, can somebody make a motion to take Bill 103 from the table? Page 80 -25November 3, 2015 Vote on Motion to Mr. Ilagan moved to remove Bill 103 from the table. Remove from Table: Seconded by Ms. David and carried by the following voice (Approved) vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. Bill 103: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE ENDING JUNE 30, 2016 Increases revenues in the Federal Grants State Homeland Security Program Fiscal Year (FY) 2015 account ($360,000); and appropriates the same to the State Homeland Security Program FY 2015 account. Funds would be used with existing funds towards the purchase of specialized equipment to enhance the capability of state and county agencies to prevent and respond to incidents of terrorism and other hazards. Reference: Comm. 497 Intr. by: Ms. Eoff First Reading: October 20, 2015 CHR. KANUHA Mr. Paleka, and we have Mr. Hanson here from Civil Defense. (Note: At this time, Civil Defense Administrative Officer William Hanson came forward to address the members of the Council.) MR. PALEKA: Hey, Mr. Hanson, thanks for coming over. Yeah, I guess we just wanted to clear up a little bit on the type of equipment based onwe had a testimony wanting to know, or questioning what type of equipment. I know MR. HANSON: Yes. First, my name is Bill Hanson, the type of equipment the Department of Water Supply. And this is in lieu of some of the damage that we sustained last year with Iselle, where we actually had to borrow, from what I understand, generators, in order to support our facilities. This would make us more self- sustainable, self-sufficient, if we were to go ahead and procure equipment of our own. Page 81 -25November 3, 2015 There is another one, and that is about is $760,000. $540,000 for the generators, t to address cyber security. Cyber security is one of the core capabilities that the federal government looks at amongst, I think there 31 other core capabilities. So cyber . And the list of things that would be provided would be something that maybe IT (Information Technology) would need to talk about. But those are kind of details, MR. PALEKA: Good. So it has a lot to do with reaching our compliance for future funding. Goes toward the cyber part, right? MR. HANSON: So we kind of apologized about the $400,000, then all of a sudden w more. What happens is, early in the , goes to State Civil Defense, and before allocation of actual estimating what they might be providing to us. The timing within the County, and the timing within the federal just kind of taking a stab at it, and we just hit the mark a little bit lower. And it was kind of nice that they actually came in at $360,000 more than what we had expected. MR. PALEKA: Thank you very much, Mr. Hanson. CHR. KANUHA: Thank you, Mr. Paleka. Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman. You know recently, well maybe for f the police force, right? And it served as ample fodder for political satirist like John Oliver and but this is not the case, okay? know, the rise of the militarized police force. But this is really not anything close to that. So thank you for clearing all of that up. Yeah, thanks. CHR. KANUHA: Thank you, Mr. Chung. Any other discussion? Also, just mahalo for coming over here at a whims notice, we really appreciate that. So Page 82 -25November 3, 2015 Vote on Bill 103: The motion to pass Bill 103 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: And now, we will brief recess. Brief recess. Recess: At 3:18 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 3:30 a.m. CHR. KANUHA: And we are moving on with business. I think we have one more item for Referrals for Executive Session. Mr. Clerk, can you read in Communication 521. Return to Order The Chair directed the Council to return to the order of business of Business: REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: Comm. 521: CIVIL NO. 10-1-0294, THIS CASE WAS APPEALED TO THE INTERMEDIATE COURT OF APPEALS CAAP-15-0000664 From Deputy Corporation Counsel Section Chief Laureen L. Martin, dated October 1, 2015, requesting an attorney-client confidential discussion to consult with the Council the above-entitled matter, including settlement discussion. CHR. KANUHA: May I have aI think this one, we might need to go into executive session. So Ms. Eoff, can you send us into executiveor make a motion to go into executive session? Page 83 -25November 3, 2015 Vote on Motion to Ms. Eoff moved to enter into Executive Session in order to Enter into Executive hold attorney-client privilege discussion regarding Session: Comm. 521, as authorized by Section 92-5(a)(4) of the (Approved) Seconded by Ms. Poindexter and carried, by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: We are now in executive session. Recess: At 3:34 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 4:12 a.m. CHR. KANUHA: We are now out of executive session, and we are currently on Communication 521. I think I can ask for a motion to approve the motion. Vote on Motion to Ms. Poindexter moved to concur with the recommendation Concur: of Corporation Counsel regarding Comm. 521. Seconded (Approved) by Ms. David and carried by the following roll call vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, and Wille 7. Noes: Council Member Paleka and Chair Kanuha 2. Absent: None. Excused: 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.) Page 84 Hawai`i County Council-25 November 3, 2015 ADJOURN- There being no further business, at 4:19 p.m., Mr. Paleka moved to adjourn the MENT: meeting. Seconded by Mr. Onishi and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter,Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: We are adjourned. SEP 0 7 2017 Council Approval: i dUNTY CLERK SM/'Jm/hs Page 85