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HomeMy WebLinkAboutMIN COUNCIL 2014/12/17 2014-2016 nd 2 Session 74- Kailua-Kona, December 17, 2014 INVOCATION: Pastor Jason Meechan of Thy Word Ministries CALL TO ouncil was called to order at ORDER: 9:06 a.m., in the Council Chambers, Kona, by Mr. Dru Mamo Kanuha, Chair. ROLL CALL: Present: Mr. Dru Mamo Kahuna, Chair Ms. Valerie T. Poindexter, Vice Chair Mr. Aaron S. Y. Chung, Member Ms. Karen Eoff, Member Mr. Greggor Ilagan, Member Mr. , Member (via videoconference from Hilo) Mr. Danny Paleka, Member Ms. Margaret Wille, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, Mr. Ilagan led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, MEMORIALS, Petitions, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE: Comm. 2: Presentation of Certificates of Merit Sponsored by Council member Maile coaches who led their team to a championship victory. (Note: Comm. 2 was authored by former Council Member for Council District 6, Ms. Brenda Ford, who requested the presentation be made at the December 17, 2014 Council Session.) -2 December 17, 2014 CHR. KANUHA: Ms. David would you like to close file on Communication 2? Motion to Close File: Ms. David moved to close file on Comm. 2. Seconded by Ms. Poindexter. CHR. KANUHA: Ms. David, you have the floor. (Note: At this time, Ms. David presented Certificates of Merits to School BIIF 8-Man Football team Coach, Assistant Coach, and volunteer coaches for their team becoming the BIIF League 8-Man Varsity Football Champions. Verbal commendations were given to tdirector First annual Senior Bowl Game.) CHR. KANUHA: -minute recess so, that we can shake take a picture. Recess: At 9:14 a.m., the Chair called for a recess Reconvene: The meeting reconvened at 9:16 a.m. CHR. KANUHA: Okay, we are coming out of recess, and we will vote on Communication 2. Mr. Clerk. Vote on Comm. 2: The motion to close file on Comm. 2 was carried by the (Filed) following roll call vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Thank you very much. Okay, and on to Statements from the Public on Agenda Is going on in the other sites, in Hilo, how many testifiers do you have? I just want to try to gauge how many we have in total. 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 cane forward when called by the Chair: Page 2 -2 December 17, 2014 Gail Loofbourrow: Res. 22-14 (Comm. 21); and Bill 302 (Comm. 1091) (2012-2014); in support. Donna Whitaker: Res. 17-14 (Comm. 6), in support) Humane Society) Sally Ancheta: Bill 302 (Comm. 1091) (2012-2014), in support. (Representing the Coalition Jennifer Griffith: Bill 302 (Comm. 1091) (2012-2014), in support. (Representing the Bay Clinic Tobacco Treatment Program) Lyn Howe: Res. 22-14 (Comm. 21), in support. Geoffrey Rauch: Res. 22-14 (Comm. 21), in support. Jade McGaff: Res. 22-14 (Comm. 21); and Res. 23-14 (Comm. 22); in support. Pete Hendricks: Res. 18-14 (Comm. 7), in support. (Representing the Waimea Preservation Association, and YMCA) David Cottis: Res. 22-14 (Comm. 21), in support. Peter Devries: Res. 22-14 (Comm. 21), in support. Richard Abbett: Res. 22-14 (Comm. 21); and Res. 23-14 (Comm. 22); in support. Marie J. Burns: Res. 22-14 (Comm. 21), in support. Robert Block: Res. 22-14 (Comm. 21), in support. Kathryn Akioka: Bill 302 (Comm. 1091) (2012-2014), in support. Leimomi Shearer: Bill 302 (Comm. 1091) (2012-2014), in support. Jon Olson: Res. 14-14 (Comm. 3); and Res. 22-14 (Comm. 21); in support. Page 3 -2 December 17, 2014 Rebecca Harlowe: Res. 14-14 (Comm. 3); and Res. 22-14 (Comm. 21); in support. Diane Kenealii: Res. 22-14 (Comm. 21), in support. Jerry Shumate: Res. 22-14 (Comm. 21), in support. James Land: Res. 22-14 (Comm. 21), in support. Lewis Whitney: Res. 22-14 (Comm. 21), in support. Res. 22-14 (Comm. 21), in support. Clare Loprinzi: Res. 22-14 (Comm. 21), in support. Kim Kozuma: Res. 22-14 (Comm. 21), in opposition. (Representing 2-Girls Farm) Andrea Tischler: Res. 22-14 (Comm. 21), in support. Recess: At 10:38 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 10:51 a.m. Joyce Folena: Res. 14-14 (Comm. 3); Res. 22-14 (Comm. 21); Res. 23-14 (Comm. 22); and Bill 302 (Comm. 1091) (2012-2014), in support. Gregory Smith: Res. 14-14 (Comm. 3); Res. 22-14 (Comm. 21); Res. 23-14 (Comm. 22); and Bill 302 (Comm. 1091) (2012-2014); in support. Lanrick Hyland: Res. 14-14 (Comm. 3); Res. 22-14 (Comm. 21); Res. 23-14 (Comm. 22); and Bill 6 (Comm. 20); in support. Todd Andrews: Res. 22-14 (Comm. 21), in support. Res. 22-14 (Comm. 21), in support. Joe Kassel: Res. 22-14 (Comm. 21), in support. Page 4 -2 December 17, 2014 Cory Harden: Res. 22-14 (Comm. 21), in support. Joy Cash: Res. 22-14 (Comm. 21), in support; Res. 23-14 (Comm. 22), in support; and Bill 302 (Comm. 1091) (2012-2014), comment Peter Risley: Bill 302 (Comm. 1091) (2012-2014), in support. Kelly Hart: Bill 302 (Comm. 1091) (2012-2014), in support. Terri Cabreros: Res. 22-14 (Comm. 21), in support. Peter Cabreros: Res. 22-14 (Comm. 21), in support. Russell Ruderman: Res. 22-14 (Comm. 21), in support. Hanalei Fergerstrom: Res. 22-14 (Comm. 21), in support. Jana Bogs: Res. 22-14 (Comm. 21), in support. Dana Moss: Res. 22-14 (Comm. 21); and Res. 23-14 (Comm. 22); in support. Mercedes Zapatoliva: Res. 22-14 (Comm. 21), in support. Leo Gayacon: Res. 22-14 (Comm. 21), in support. Mariner Revell Bill 302 (Comm. 1091) (2012-2014), in support. Jim Albertini: Res. 22-14 (Comm. 21), in support. Dashiell Kuhr: Res. 22-14 (Comm. 21), in support. Union United-Kohala Chapter) Anthony Palazzolo: Res. 22-14 (Comm. 21), in support. Leona Kassel: Res. 22-14 (Comm. 21), in support. Tahlia Kihoi: Res. 22-14 (Comm. 21), in support. Mehana Kihoi: Res. 22-14 (Comm. 21), in support. Recess: At 12:12 p.m., the Chair called for a recess. Page 5 -2 December 17, 2014 Reconvene: The meeting reconvened at 12:48 p.m. Jose Miranda: Bill 302 (Comm. 1091) (2012-2014), in opposition. Shawna Hyatt: Bill 302 (Comm. 1091) (2012-2014), in opposition. Michael Shintaku: Res. 22-14 (Comm. 21), in support. Hannah Hedrick: Bill 302 (Comm. 1091) (2012-2014), in support. Dawn Barnett: Res. 22-14 (Comm. 21); and Res. 23-14 (Comm. 22); in support. Mariah Barnett: Res. 22-14 (Comm. 21); and Res. 23-14 (Comm. 22); in support. Jessica Yamauchi: Bill 302 (Comm. 1091) (2012-2014), in support. Health Institute and the Coalition for a Julian Ursher: Bill 302 (Comm. 1091) (2012-2014), in support. (Representing the State Dept. of Health) Ray Dittman: Res. 22-14 (Comm. 21); and Res. 23-14 (Comm. 22); in support. Donna Fischer: Res. 22-14 (Comm. 21); and akea Res. 23-14 (Comm. 22); in support. Permaculture Farm) Lukas J. Kambic: Res. 22-14 (Comm. 21), in support. Derek Brewer: Res. 22-14 (Comm. 21), in support; and (Representing Eco Hostel Bill 302 (Comm. 1091) (2012-2014); in opposition. April K. Lee: Res. 22-14 (Comm. 21), in support. Lisa Andrews: Res. 18-14 (Comm. 7); and Res. 22-14 (Comm. 21); in support. Page 6 -2 December 17, 2014 Rebecca Kakalia: Res. 22-14 (Comm. 21), in support. Alapai Kaulia: Res. 22-14 (Comm. 21), in support. Helene Love: Res. 22-14 (Comm. 21), in support. Cathrine A. Grace: Res. 22-14 (Comm. 21), in support. Jesse Eiben: Res. 22-14 (Comm. 21), in support. Cherub Silverstein: Res. 22-14 (Comm. 21), in support. Kellyna Campbell: Res. 22-14 (Comm. 21), in support. Nakoa Nelson: Res. 22-14 (Comm. 21), in support. Paul Achitoff: Res. 22-14 (Comm. 21), in support. Jacque Prell: Res. 22-14 (Comm. 21), in support. Blake Watson: Res. 22-14 (Comm. 21), in support. Paul A. Komara, Jr.: Res. 15-14 (Comm. 4), in opposition; and Res. 22-14 (Comm. 21), in support. Laura Guluzzy: Bill 302 (Comm. 1091) (2012-2014), in support. Sonja Kamani Enos: Res. 22-14 (Comm. 21), in support. Michelle Prevost: Res. 22-14 (Comm. 21), in support. Susanna Fogle: Res. 22-14 (Comm. 21), in support. Floyd Roades: Bill 302 (Comm. 1091) (2012-2014), in support. Brian Lievins: Res. 22-14 (Comm. 21), in support. Recess: At 2:24 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 2:34 p.m. Kalia Avery: Res. 22-14 (Comm. 21), in support. Donald Wessels: Res. 22-14 (Comm. 21), in support. Page 7 -2 December 17, 2014 Res. 22-14 (Comm. 21), in support. Leah Snyder: Res. 22-14 (Comm. 21), in support. Geoff Shaw: Res. 22-14 (Comm. 21), in support. Sonny Kelly: Res. 22-14 (Comm. 21), in support. Michell Verduzco: Res. 22-14 (Comm. 21), in support. Clarence Ku Ching: Res. 22-14 (Comm. 21), in support. Michelle Johnston: Bill 302 (Comm. 1091) (2012-2014), in opposition. Ross Sibucao: Res. 22-14 (Comm. 21), in opposition. Lorie Farrell: Res. 22-14 (Comm. 21), in opposition. Tim Michel: Bill 302 (Comm. 1091) (2012-2014), (Representing Big Island in opposition. Vapers Alliance) Alicia Morrier: Res. 22-14 (Comm. 21), in support. Marylei Drake: Res. 22-14 (Comm. 21), in support. David Blancett-Maddock: Res. 22-14 (Comm. 21), in support. Scott Parrish: Bill 302 (Comm. 1091) (2012-2014), in opposition. Sean Anderson: Bill 302 (Comm. 1091) (2012-2014), in opposition. Ian Aoki: Bill 302 (Comm. 1091) (2012-2014), in opposition. Joseph Sarabia: Bill 302 (Comm. 1091) (2012-2014), in opposition. Koohan Paik: Res. 22-14 (Comm. 21); and Res. 23-14 (Comm. 22); in support. Page 8 -2 December 17, 2014 Shannon Rudolph: Res. 22-14 (Comm. 21), in support. Paul J. Buklarewicz: Res. 23-14 (Comm. 22), in support. Peggy McArdle: Res. 22-14 (Comm. 21), in support. Hokulani Reyes: Res. 22-14 (Comm. 21), in support. Gary K. Oamilda: Res. 22-14 (Comm. 21), in support. Elston Kamaka: Res. 22-14 (Comm. 21), in support. Mark McNett: Res. 14-14 (Comm. 3); Res. 16-14 (Comm. 5); Res. 22-14 (Comm. 21); Res. 23-14 (Comm. 22); Bill 302 (Comm. 1091) (2014-2016); Bill 321 (Comm. 1151) (2014-2016); and Bill 322 (Comm. 1152) (2014-2016); comment. Cathleen Gehrhardt: Res. 22-14 (Comm. 21), in support. Jocina Alani: Res. 22-14 (Comm. 21), in support. Recess: At 4:10 p.m. the Chair called for a recess. Reconvene: The meeting reconvened at 4:15 p.m. CHR. KANUHAm calling this mees okay, with rest of the council membersre finished with statements from the public. APPROVAL The Chair directed the Council to proceed to the next order of business, OF 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: We will take a resolution out of order, if thas alright with the rest of the Council. Resolution 22-14. Are you guys okay with that? Page 9 -2 December 17, 2014 MR. ONISHI: Mr. Chair? CHR. KANUHA: Mr. Onishi, yes. MR. ONISHI: Yeah, I just was wondering. t we go into Executive Session first? Because I have to leave for my meeting later. So, I really want to talk to CHR. KANUHA: Yeah, definitely, Mr. Onishi. Just real quickly, I want to try to explain what I am planning on doing. MR. ONISHI: Okay, thank you. CHR. KANUHA: I want to try to open this up. We have somebody that we would like to call up for a few questions. m planningt know if I can we will go into Executive Session right after that. MR. ONISHI: Okay, thank you. CHR. KANUHA: After a brief introducts okay with you, can we still go with that plan? MR. ONISHI: Yeah. s fine. Thanks. CHR. KANUHA: Thanks, Mr. Onishi. ll take Resolution 22-14 out of order. Mr. Clerk. Change Order As directed by the Chair and with no objections from the Council Members, the of Business: following items were taken out of order: Res. 22-14: ADVISES THE CORPORATION COUNSEL TO APPEAL UNITED STATES NO. 13-121 ruling with regard to regulating the open air cultivation, propagation, development, or testing of genetically engineered crops or plants. Reference: Comm. 21 Intr. by: Ms. Wille Waived: AWESC Motion to Approve: Ms. Wille moved to adopt Res. 22-14. Seconded by Ms. Poindexter. CHR. KANUHA: Ms. Wille, you have the floor. Page 10 -2 December 17, 2014 MS. WILLE: Thank you, very much. I want to say this is an important decision with far-reaching impact on home rule. t just about GMO. s about our right to legislate concerning health, wellbeing, property rights, agriculture. Generally you read this opinion and you say, okay if we let this go, what re dealing with tobacco, e-cigarettes, albizia, anything else? I mean, we have overlapping jurisdictions and re another layer of government. A higher level of government has not legislated on the same subject, hre dealing with regulation of GMOs, ts not preemption. So, in the case where thers controversial, I know like in the Missler case, Lincoln Ashida said that we should not settle for a lower level decision. We should havego for an appellate decision regardless of re on. The Ss Office, and I have a hand out on this that includes the letter from s no state law that would be preempted (see Comm. 21.3), and that is in here. So, he deferred on the issue of the federal preemption. I think there really are re going to have to look at. Is theredo we appeal the state preemption? Do we appeal the federal preemption? I think those two different questions. That throughout the past number of years the bio-techs have sought to gut our county authority. One, I think that I made a lotwe had passed resolutions to oppose, was that Bill 727 that would change our jurisdiction and cross out the words health and life. Basically what this court decision does is, that it enacts legislation that the State Lt passed. It basically puts it into effect. I do think that one of the plaintiffs, which was Green Point Nurseries, with dealing with anthurium, really we came out looking at what they submitted. They would be permitted under this law. So, I think, that you get into some different questions on the federal issue. I want to really cut my time becaused like to have Paul Achitoff, he only has a few minutes here before he has to go catch his flight and, ask him a few questions, and if any of the Council Members do. then yield to other Council Members and continue later. Thank you. So Paul, if you could come up. Paul is with Earth Justice. I do want to say that the Center of Food Safety has offered to handle this appeal for no cost to the county is any cost issue, concerns; and it might be that Paul could or could not. But, I know that the Center of Food Safety has made it clear, including all out-of-pocket costs. So, I will defer to him. I want to just really allow any of you all. I have a couple questions butd like to defer to you all first to ask anything that you have. Page 11 -2 December 17, 2014 CHR. KANUHAd rather you just go right ahead, and state your questions for him. MS. WILLE: Okay. So Paul, just in terms of the breadth, and impact on this decision in terms of home rule, and what effect that it could have, not just on GMO, but on our jurisdiction to let overlapping jurisdiction between the state, and the county level. (Note: At this time, representative of Earth Justice Paul Achitoff came forward to address the members of the Council.) MR. ACHITOFF: Well, the state law on preemption requires that there be a state law, a state statute on the same subject as the county ordinance that may or may not be preempted. What Judge Kurren has done is, he has defined the same subject so broadly that even though there is no law on the books in the state involving genetically engineered crops, or anything that I would consider to be even closely analogous to them, he has brought it into saying this is the same subject as noxious weeds or pests that you might want to control through quarantine. When you do that you are, I think, opening the door looking to saying that practically any county ordinance is of the same subject as some state law that the legislature never really considered to be that subject. s pretty i Legislature never intended the existing st to govern genetically engineered crops. s pretty clear. ve had many opportunities to legislate on genetically engineered crops, and they have never done it. So re not going tos critical that you look at the State Lt think is there in this case. But if, s philosophy to govern, then you could say, ell gee, we have a state law s kind of, sort of similar to this county ordinance. Preempt it. s just very, very dangerous. Because where is it going to stop, really. MS. WILLE: So, you agree with what the state, the Deputy, Wade Hargrave said, re pri currently has no statute regulating the propagation, cultivation, raising, growing, sale, and distribution of transgenic organisms? MR. ACHITOFF: Oh absolutely, we do agree with that. MS. WILLE: Okay. Let me just ask you, in terms of property rights, just so re looking at farmers, and trying to, what can you do for farmers, is there any dispute that a GMO crop will, contaminate across a Page 12 -2 December 17, 2014 non-GMO corresponding crop, at least in terms of things that are pollinated by wind, insects, and birds. MR. ACHITOFF: s any dispute about that. Are talking about two plants that are sexually compatible. As something that can in fact be cross pollinated. MS. WILLE: Okay. MR. ACHITOFF: question that GMO pollen can cross-pollinate and vice versa. MS. WILLE: Right. MR. ACHITOFF: Yeah, I think no one would dispute that. MS. WILLE: So, there is an indisputable risk of cross contamination. MR. ACHITOFF: re talking about say, GMO corn and conventional, or organic corn. s a scientist in the world that would dispute that they can cross-pollinate. MS. WILLE: Okay. Where there is GMO crops, my understanding, is that you really get GMO dominance. s not like you can have somemaintain the organic farms, or the conventional farms. MR. ACHITOFF: Well, organic standards prohibityou cannot consider your produce to be certified organic if it is transgenically contaminated. t. Plus the market, even if you could, the t accept it. s not what people want when they buy organic. MS. WILLE: Okay. MR. ACHITOFF: Sos both legally prohibited and, as a practical matter the market prohibits it. MS. WILLE: Okay. He needs to leave for a flight so, I just want to allow for anyone else who has any questions. CHR. KANUHA: Are you yielding at this time? MS. WILLE: Yes, I am. CHR. KANUHA: Thank you. Next would be Ms. Poindexter. Page 13 -2 December 17, 2014 MS. POINDEXTER: Yes, I had a question. In your opinion, would it jeopardize our current bills on the coffee and, the kalo on the taro? MR. ACHITOFF: Ift really see how the kalo, and coffee bills could survive a challenge. I mean his, by his reasoning, those bills are preempted by state law. MS. POINDEXTER: m having a real hard time with this also. So, I yield at this time. Thank you. CHR. KANUHA: Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chair. Is this an appropriate time to ask, actually from the case? May I ask? CHR. KANUHA: You want to state that again? MR. ILAGANm actually reading from the court case document. I just want to get your opinion on it. CHR. KANUHA: o, you can ask that question, yeah. MR. ILAGANm just reading this verbatim. i Department of Agriculture is tasked with designating restricted plants, which are plants that may be detrimental, or potentially harmful to agriculture. The environment, or animal, or public health. HRS 150(a)-6.1. i Board of Agriculture maintains a list of restricted plants that require a permit for entry into the state. The foregoing statutes, and regulations are part of a comprehensive statewide framework that addresses the precise environmental impacts that Ordinance 13-121 intends to deter. The concern that genetically engineered crops may contaminate, injure, or harm, non-genetically engineered crops through open air transfer, uncontrolled spread, and cross-pollination, ACC14-128, through the foregoing statutes and, regulations, ti Department of Agriculture andi Board of Agriculture are tasked with developing and, implementing rules rules concerning the introduction, propagation, inspection, destruction, and control of plants that may injure or harm agriculture, the environment, or public health. Ordinance 13-121 ban on open air cultivation, propagation, development, and, testing of genetically engineered crops or plants is an attempt to regulate the same subject matter. s your thoughts on that? MR. ACHITOFF: I disagree with it, and ll tell you why. The state statute that section is describing, is intended to address quarantine. I think we all know what quarantine is about. s about basically safeguarding our state from Page 14 -2 December 17, 2014 invasive plants, and animals, and pests that may come in from outside sources. I t believe that the legislature, when it passed the quarantine law ever imagined that the quarantine law would be used to address a plant, or other organism that is like in this case an intentionally created commercially grown patented crop, ls say genetically engineered corn, it was never intended to govern that type of situation. It was intended to deal with making sure that we s, coqui frogs, or tree snakes, or plants that can cause harm to our ecosystem, and to our agriculture. It is critical, ti Supreme Court has made it very clear that, the intent of the legislature in passing the law, the state law is critically important. If the State Legislature did not intend the state law to exclusively govern that field, the same field as the county ordinance, then it does not preempt. t s any possibility that the State Legislature intended the quarantine law to address geneticalt even exist at the time that the quarantine law was passed. It was first passed, 150(a) was passed in 1973 and, it was subsequently amended several times after that. t even have genetically s. Sot really see how you can say that they intended that law to govern this situation. The mere fact that you have these sort of overlapping concepts, that I think with due respect to Judge Kurren he has taken somewhat out of context, means that there is preemption. t believe there is. MR. ILAGAN: Well, thank you. CHR. KANUHA: Thank you, Mr. Ilagan. Ms. Medeiros-David, not Ms. David, right? MS. DAVID: Thas very nice. Thank you, Mr. Achitoff. re comment on beim reading the threshold that they used of the State Constitution and, which actually vests exclusive authority over agriculture to the state. m reading this, that the state shall conserve and protect ag lands, promote diversified ag, increase agricultural self-sufficiency, and assure availability of agricultural suitable lands. And that the Legislature shall provide standards and criteria. As I go further downs a broad statement. m not sure if you agree, I see that, I view that, as a like a zoning, or how you protect our important ag lands, in the state. So, and m sort of conflicted is further down in the same Constitution, it says that the state and, its political subdivisions, which we are a political subdivision of the state, are to conserve and s natural beauty and all natural resources. So, I view that as our duty as a political subdivision. I just wanted to get your comments about that. MR. ACHITOFF: t read that provision of the Constitution as, in any way indicating that the state has exclusive jurisdiction over agriculture. Page 15 -2 December 17, 2014 ve heard that argument made. I dons a strong argument at all. s no language in there that says the state has exclusive jurisdiction over agriculture. Thes nothing even close to that. It basically is, and if you go back and you look at what what was said in the history of that provision at the Con-Con, it was very clear that it was about preserving important agricultural lands. The legislature subsequently implemented that constitutional provision through statutes that make it absolutely clear that the counties have a role to play in preserving important agricultural lands. Sos just nothing in there that does what I think the plaintiffs want it to do, which is say, h, only the state can regulate agriculture. In fact, Judge Kurren acknowledged that the counties do have a role to play in agriculture. Just in his view, not this particular role. I disagree with that. MS. DAVID: Thank you. Another point too, also in our constitution, our people the native Hawaiians, have a vested interest that the state has a mandate to protect our cultural and natural resources. MR. ACHITOFF: Absolutely. MS. DAVID: So, to me that goes hand in hand as our duty as a political subdivision to honor that also. MR. ACHITOFF: I agree with you. MS. DAVID: Thank you. CHR. KANUHA: Thank you, Ms. David. Ms. Eoff, you have the floor. MS. EOFF: Thank you, Mr. Chair. Thank you, for being here today and, for taking the time to come from Oahu. I really appreciate the work that you do on behalf of Earth Justice. My question and, I agree with just aboutand thank you ve said. I agree with your testimony. My question is, if the county does go forward with an appeal, what role would Earth Justice play? MR. ACHITOFF: We are interested in representing the county. I know there are procedures that would need to be complied with in terms of the county coming to its own conclusion about whether it wants to retain Earth Justice, as well as anybody else other than the Corp Counsel. Butre interested in doing that. s something that, if the appeal is approved, I would hope that we could discuss. I mean if we did that, as Council Woman Wille already said, that the Center for Food Safety with whom Earth Justice has co-counseled on virtually all of our lve already basically just said, ll do it. So, that much is clear, that ll do it. I have to jump through some other hoops just by the nature of our organization. But, as I say, I would like to do that if the county is interested. Page 16 -2 December 17, 2014 MS. EOFF: And how do you negotiate the cost for that? MR. ACHITOFF: tneither we nor the Center for Food Safety charges anything for our services. There would be out-of-pocket costs which in thm guessing, something that would be less than $1,000 for the whole appeal. That would be the filing fee, some things like that. Relatively smat believe that ethically we would even be s behalf, even if we wanted to. t think we can. If, you were to win the appeal, those costs would be reimbursed by the losing party. Otherwise, they would not be reimbursed. But, to me as far as I can see, that would be the only financial exposure that the county would face, other than if you lost the appeal you would be responsible for the costs, again, the out-of-pocket cost of appeal of the other party, which would be the same order of magnitude, relatively small. t see any reasonable likelihood at all of the county being responsible for things like attorney's fees from the other party or anything like that. not going to happen. MS. EOFF: Thank you again. MR. ACHITOFF: Sure. CHR. KANUHA: Thank you, Ms. Eoff. Mr. Onishi, you okay, over there? Any questions for Mr. Achitoff? MR. ONISHI: No. I just want to get into Executive Session as soon as possible. Thank you. CHR. KANUHA: Thank you. Appreciate that. Any other Council Members, questions? Thank you, very much for your time and, thank you, for your patience. MR. ACHITOFF: Thank you very much. Aloha. CHR. KANUHA: Have a safe flight home. Okay, Council Members, Ms. d urge you to maybe, table this until after the executive session. Page 17 -2 December 17, 2014 Vote on Motion to Table Ms. Wille moved to table Res. 22-15 until after Executive Res. 22-14: Session. 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: Thank you very much. Resolution 22-14 is table. Is it okay, with the rest of the council if we take executive session out of order? Okay, Mr. Clerk, on executive session. Comm. 9: -00267 BMK From Deputy Corporation Counsel Katherine A. Garson, dated November 28, 2014, requesting an attorney-client confidential discussion to consult with the Council regarding the dispositive order for the hearing held on October 23, 2014, including appeal. Motion to Enter into Ms. Eoff moved to enter into Executive Session in order Executive Session: hold attorney-client privilege discussion regarding Comm. 9, as authorized by Section 92- Revised Statutes. Seconded by Ms. Poindexter. CHR. KANUHA: Mr. Chung. MR. CHUNG: Yes, Mr. Chairman. m just wondering if we can call Ms. Garson up, just to explain the need for an Executive Session. CHR. KANUHA: Oh, sorry, speak into the mic so everybody MR. CHUNG: Yeah, we have a lot of people here. the bases by which we can enter into an Executive Session. I just want to hear generally, not specifically, but s necessary. Because t know if there really is a basis to go into an Executive Session. MS. GARSON: Good afternoon, members of the Council. So basically, our d like to keep it confidential as attorney-client privilege. We are your attorneys. The reason why Mr. Achitoff is not able to go into Executive Session is because he is not your attorney at this time. re discussing the strategy, or what our opinion is, I would prefer that opinion on the merits not to be open, because, that can be used against the county. And it has Page 18 -2 December 17, 2014 been in the past, where even simple things will come back to haunt us in a brief Ms. Garson, told the County Council XYZ, even s our interpretation of a certain law, or something like that. It can be used against you, so re requesting the Executive Session. MR. CHUNG: I certainly understand that though. m just wondering, so are you going to be discussing strategy and, what some of the pros and cons of appealing this are going to be, or is it just going to be a recommendation, bs a recommendation, it could just as well be done in open, in an open meeting. MS. GARSON: Yeah, correct. s also to respond to your questions about pros and cons. MR. CHUNG: m really reluctant to go into an Executive Session, but one on this and ll see how it goes. CHR. KANUHA: Thank you and ll goMs. Eoff, your mic was on, MS. EOFF: Yeah, just one more question. If we do enter an Executive Session. I assume you will just give us some guidance when we come out and, have discussion in open what we can and cannot discuss in the open session? MS. GARSON: Of course. CHR. KANUHA: Ms. Poindexter. MS. POINDEXTER: Yeah, not a question for you, just discussion point. I would like to go into Executive Session, because s some questions I would want to ask abos liabilities that I would feel more comfortable asking in an Executive Session. Thanks. CHR. KANUHA: Any other discussion? Mr. Ilagan? MR. ILAGANre speaking on the Executive Session. I do feel like t discuss in the open. But s point of view, and d rather have it out, bll go into executive session. CHR. KANUHA: Thank you, very much. Seeing no other discussion, Mr. Clerk, on Communication 9. Page 19 -2 December 17, 2014 Vote on Motion to Enter Ms. Eoff moved to enter into Executive Session in order Into Executive Session: hold attorney-client privilege discussion regarding Comm. 9, as authorized by Section 92- Revised Statutes. Seconded by Ms. Poindexter. Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Thank you, very much. ll, we are now going to go into Executive Session. Thank you, guys. Recess: At 4:40 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 5:42 p.m. CHR. KANUHA: Executive Session. Thank Corporation Counsel to appeal. Motion to Authorize Ms. Wille moved to authorize the Office of the Corporation the Appeal of Civil Counsel to seek an appeal of Civil No. 14-00267 BMK, No. 14-00267 BMK: al. v. CHR. KANUHA: Is there any discussion? Ms. Wille, any discussion? MS. WILLE: No. CHR. KANUHA: Thank you. Any other Council Members? Oh sorry, Ms. Eoff. MS. EOFF: Thank you, Mr. Chair. I just wanted to say thank you to all that came out today to testify and participate in this democratic process before us. Especially to those who brought the Hawaiian cultural perspective. Because you remind us of where we are, and where we live. To me at the beginning of last year when we discussed this bill to begin with, I was struck by how different it is living on an island compared to the mainland, and those were some of my most profound concerns. That our island is so special, and that islands are fragile, and that our ecosystems are easily damaged. So, last term when we did my mind, to protect our land, our water, and our people from the unintended Page 20 -2 December 17, 2014 and, largely unknown consequences of the GMO crops, and the related use of the experimental pesticides. So, also what really is of concern now before us, is what the ruling means to our rdinance that bans the cultivation of GMO kalo and coffee. Which, when I worked for Councilman Pilago, was adopted in 2008, was very progressive at the time, and proactive, and very important. I think we were on the cutting edge, and the other islands followed suit. So, I feel that we should support the appeal, and that if nothing else we need to reiterate our intention that we believe that it is our duty at the County level to protect the health, welfare, and safety of our island. it more eloquently than I can, but I just wanted to thank you again. CHR. KANUHA: MR. CHUNG: Thank you, Mr. Chairman. In as Council when this matter was decided, I think I owe it to my colleagues and the public to explain my position. too in depth. I know , I just wanted to say, I truly do respect all of the positions that have come out on this Council. Unfortunately, this issue drove a wedge through the community, and that this is the classic situation of one Throughout my campaign, I did tell people who asked me about this, I said, I really do believe that this bill is preempted by either state or federal law. That was for the time being anyway, confirmed by Federal Magistrate Kurren. W, ver. I disagree with the attorney, Paul, who seems to be a preeminent person in the area. B there, because I believe that this matter will be appealed. It will be, it will receive a favorable vote today but, I just wanted to give my side. This is really at the risk of being characterized as an undemocratic person, bad parent because I famously have said that I allow my kids to eat GMO products? I hope I just want to try to make as good decision will be upheld. Where does that take us, I know there are a lot of people out there, it may not seem that way given the amount of people who came out today in suut, there are a significant amount of people albeit probably less than the people who are Page 21 -2 December 17, 2014 , my vote today in saying no appeal is with, is in respect to that minority group. Thank you. CHR. KANUHA: Thank you, Mr. Chung. Ms. David was next, and then Ms. Poindexter. MS. DAVID: Thank you. In deference to Council Member Chung, I do acknowledge that this very sensitive matter has brought, drawn a wedge between our ranchers, our farmers, on both levels. On a large scale, ranchers, and farmers, and small scale, who are trying to just live a life free of further chemicals in their food supply. So, I agree with him that this is a very hard decision for all of us to make. But, I support the appeal because, I really believe that although I appreciate, all the testimony on both sides. The justice system is actually our only place where we can receive, or get a fair determination on this. Granted, we both take a very high risk on what that decision is going to be. But, at this point in time, based on our culture, based on the people that we have to protect, both sides, ranchers, farmers, and our children, I have to support an appeal because someone has to make that important decision. Our important decision we make today, is whether we are compelled to do our duty to protect the safety of our people. This island I must tell you, the chemicals that are being spoken of, I come from a family of ranchers and coffee farmers, and as a young child, I farmed coffee with my family, and the 2, 4-D and, the Paraquat were our chemicals of choice in spraying our coffee farms. So without any means of protection, no gloves, no masks, nothing, and we did that till I was 16 years old, until they banned 2, 4-D and they banned Paraquat. It took that long. It took my lifetime for it to be determined how dangerous these chemicals were. Now we have Roundup which everyone has been using because, 4-D. But, when people spray Roundup now, they have masks, they have the full protection. So, to me I really believe that this has to be decided in the court of law, and because aside from the human factors there are legal factors and ramifications that we cannot make, we cannot decide here. But, what we are deciding is, I agree with Council M, the coffee GMO ban which I was privileged to write while we both worked for Council Member Pilago. So, I will support an appeal. I want to thank everybody, especially our children who came out today to testify. Mahalo. CHR. KANUHA: Thank you. Ms. Poindexter. MS. POINDEXTER: everything that Council Member Karen Eoff stated earlier. But I want to ditto what she said. I also want to acknowledge and agree with Council Member Page 22 -2 December 17, 2014 Chung that yes, this issue has put a wedge in our communities, it has. But, with that. a lot of things that we do. I feel that my job is to look at the pros and the cons, and really listen to the voices of my entire district because I represent those people. lly for that bill to go through, we need to go through, and if it is a decision that will get overturned, we tried. ave that, made that effort. I think, we cannot not do it. We have to give it a shot, because a lot is at stake here, and especially for our coffee, that coffee bill, and the taro. say, that I am definitely supporting the appeal. Thank you. And thank you Margaret for bringing this resolution forward. CHR. KANUHA: Thank you. Mr. Ilagan. MR. ILAGAN: Thank you, , I believe more than a year, is 2013, sometime in November this bill was passed. And I remember everybody here, I know you guys were very excited. Then the court took play into this bill. But before, I explain my position. I do want to thank everybody who did testify, because it takes courage to come up here, and share your thoughts. There was actually a testifier that spoke today that I ended up getting his contact info, because he said something that really, I never heard before. So what you do as a testifier, you share information, and what I like to do is try to get the most available information, since this has passed. Now what has changed a year from now? I mean what has changed this past year, what will change in the next 20 years? Well, come to find out GMOs has been consuming it for 20 years, and FDA (federal Food and Drug Administration), they regulate using a science-based approach. The Food and Drug Administration regulates food, and ingredients made from genetically engineered plants to help ensure that they are safe to mentioned. I just want to say this, because there were some things that were said, and I know everybody have their opinion, and I know that we can agree on some things, hing, what I was thinking about actually yesterday, I was watching this TED talk (technology, education and design), and the TED talk was talking about vulnerability. It takes a lot ofnobody wants to be vulnerable. But the thing about vulnerability is t, and relate to vulnerable is, that pain, that shame, that anger. That grows from vulnerability; however, also from vulnerability grows joy, happy, and feeling successful. Well, I want to be vulnerable to you guys, and say that I made a stand when this bill passed, and that stand was against this bill. You can go through the New Page 23 -2 December 17, 2014 York Times article, and Lonely Quest for Facts, and read about the journey. But , sI know we disagree, but this is , CHR. KANUHA: Thank you, Mr. Ilagan. Check with Mr. Onishi real quickly. Mr. Onishi. MR. ONISHI: Yeah, sure. I just wanted to say that when the Council passed this legislation, we all knew that the court system would need to make a decision on it, and the court did. So I will supporting the decision that the court did. Thank you. CHR. KANUHA: Thank you very much. Mr. Paleka. MR. PALEKA: I just wanted to say thank you to all who testified. And just to echo my colleagues in saying, this was a really divisive subject matter for the GMO. , I want to support all farmers, GMO and non-GMO. I cannot support the appealing I, and then just to save time, Thank you. CHR. KANUHA: Thank you, very much. I think Ms. Wille, you will be next. MS. WILLE: Okay. Number one for me, this issue is about home rule. When I first started, ran my first time, that was sort of how do we get the government, and decision making closer to the people. Wthink of something, or however. d on that including on the state level. On the s away our jurisdiction of this issue. That was Senate Bill 729, which passed the Senate, and then was on its last hearing before the House, when I went over to testify, and it just took our home rule statute, and just crossed out everything having to do with the welfare of the people and health. Then there were others. There was a Bill 590 that said the counties have no jurisdiction to regulate anything having to do with agriculture or something along that line. So I really believe that we are the servant of the people. officials to legislate on your behalf. , and the first layer We have cities. This is it. So regardless of the GMO issue, this ruling is very muchif the state is authority, if it overlaps, which it basically overlaps on agriculture, everything having to do with welfare, and health, at we have no say-so. W So clearly, I support the appeal. I do think that we have further to go on the GMO issue, and working it out. Originally, I had wanted to do an ad hoc Page 24 -2 December 17, 2014 committee and go on. After that it may be that in terms of such as the anthurium, and their testing. I actually think were there complaining as a e could work on, and how can we do it, and how can wetrying to support all farmers? But at the same time, that is the history and the culture, n given up on the other islands. At least this island to not have that happen. T GMO here. So I think we do have more to work on that, trying to make things better. But my big problem, and no one else has to me given a solution on the GMO issue is that , and you have the corresponding plant crop, s done in a very protective way, say the way I know Ross Sibucao does for papaya, We will have no heirloom, we will have no nothing, and our dedication to diversity in agriculture is just nil. So if we want to have a monoculture corporate economy of agriculture, then roll over. But if we want to move on, and do this bill and work on the nuances with the people where there are things that can be done, , and that we can do more. I do really appreciate everybody coming out. I just want to say that this is, that we are on the forefront of the home rule issue. We are on the home front of, do the people really have a meaningful say-so, in , or anybody else? I feel seeing it come up on the state proposed that would protect the farmers whose lands were contaminated. All of them, none of them passed. T , the last relief, , and the sf the stion, we can do it. What this ruling says, is going to imply exclusivity. So I support the appeal, and I thank all of you, and move forward. At the same time, I do want to honor those who spoke, who want to try the GMO, and I just think there are ways that we need to work it out. So the right to t the right to harm your neighborhood farmer. CHR. KANUHA: Thank you, Ms. Wille. Mr. Chung your li MR. CHUNG: Page 25 -2 December 17, 2014 CHR. KANUHA: Oh got it. Okay seeing no other discussion, , and finish off with what, how I feel. I need to go sue for i in the state, nation, and world. I supported the bill in its intent in the beginning. We went through eight months of testimony, hearings, everything. Everybody was involved, , and e passion in what you think is i. So I just want to mahalo each and every one of you. Mahalo to the Council Members for what they had , so how best do we look to our future, look to ourselves, and how do we protect our keiki. So with that, I will call for the roll on the vote on the motion to authorize Corporation Counsel to appeal. Vote on Motion The motion to authorize the Office of the Corporation to Authorize Counsel to seek an appeal of Civil No. 14-00267 BMK, the Appeal of Civil No. 14-00267 BMK: (Approved) vote: Ayes: Council Members David, Eoff, Poindexter, Wille, and Chair Kanuha 5. Noes: Council Members Chung, Ilagan, Onishi, and Paleka 4. Absent: None. Excused: None. CHR. KANUHA: Thank you very much. The motion passes. MR. ONISHI: Mr. Chair? CHR. KANUHA: Thank you everyone. MR. ONISHI: Mr. Chair? CHR. KANUHA: Yes. Mr. Onishi. MR. ONISHI: Okay, hours, and so if you could take three resos, and a bill out of order right after this. CHR. KANUHA: Okay, thank you. Thank you very much. Do we know wm going to first Resolution 22-14 off the table. If I can have a motion please. Page 26 -2 December 17, 2014 Vote on Motion Ms. Wille moved to remove Res. 22-14 from the table. to Remove Res. 22-14 Seconded by Ms. Poindexter and carried by the following from Table: roll call vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Thank you, very much. Resolution 22-14 is now open for discussion. Ms. Wille please. Withdraw Motion Ms. Wille announced the withdrawal of the motion to adopt to Approve Res. 22-14: Res. 22-14. CHR. KANUHA: Thank you very much. Resolution 22-14 is withdrawn. MR. ILAGAN: Mr. Chair? CHR. KANUHA: Yes. MR. ILAGAN: May I make a motion to suspend our rules to allow voice vote, and also the fact that Council Member Onishi is on the other side for satellite conferencing? CHR. KANUHA: So suspend both rules. that this is Council day so that we can do voice vote, and that Mr. Onishi is in Hilo. May I have a second? Vote on Motion Mr. Ilagan moved to suspend Council Rule 10 in order to to Suspend vote by voice for the remainder of the meeting. Seconded Council Rules: by Ms. Wille and carried by the following roll call vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Okay, thank you, very much. MR. ONISHI: Mr. Chair? Page 27 -2 December 17, 2014 CHR. KANUHA: Oh, yes. Mr. Onishi. MR. ONISHI: Yeah. So would be Resolution 15, 19, 21, and Bill 6. CHR. KANUHA: Okay, we take these out of order? Okay. Mr. Clerk, Resolution 15-14. Res. 15-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR A STEALTHSTAT TRAFFIC SURVEY DEVICE Transfers/appropriates $3,367.29 out and from the Clerk-Council Services Contingency Relief account (Council District 4); and credits the same to the , Police Administration Division-Equipment, Miscellaneous Equipment account (StealthStat). Reference: Comm. 4 Intr. by: Mr. Ilagan Waived: FC Motion to Approve: Mr. Ilagan moved to adopt Res. 15-14. Seconded by Mr. Paleka. CHR. KANUHA: Mr. Ilagan, you have the floor. MR. ILAGAN floor to Council Member Onishi. CHR. KANUHA: Okay, Mr. Onishi? MR. ONISHI: Yes. CHR. KANUHA: On Resolution 15-14. Any discussion? MR. ONISHI: No, just asking for you guys support. What this does, it helps the traffic and I guess the police to determine how fast cars are going at, and at certain time, and that certain date, so this is really helpful for them, and also for Public Works Traffic Division. CHR. KANUHA: Thank you very much. MR. ILAGAN: Okay, now I just. CHR. KANUHA: Mr. Ilagan. Page 28 -2 December 17, 2014 MR. ILAGAN: Council M currently over in Hilo? MR. ONISHI: Lieutenant Horio. Community Policing. MR. ILAGAN: May I ask a question to Lieutenant Horio? Lieutenant? (Note: At this time, Police Lieutenant Darren Horio came forward to address the members of the Council.) LT. HORIO: Hi. Good evening. MR. ILAGAN: Lieutenant, I wanted to ask you, somebody brought to my attention that Council Member Kern, earlier actually put in contingency funds for a stealth stat, and I wanted to find out if that stealth stat, for one thing if th, and did that stealth stat get to Puna to be able to be used? Do you know anything about that? LT. HORIO: I know we currently have at least two of the units, one in Puna and , whether it was through a traffic services grant or a contingency fund from one of the Council Members. But we do currently have one in Hilo and one in Puna. MR. ILAGAN: Okay. Well, I just wanted to ask, because somebody brought it to my attention. So I just want to finally say, thanks to the neighborhood watch members, and also the Captain in Puna, Captain Jelsma. This contingency fund was introduced, and I hope that this will help with crime in Puna. Will prevent crime in Puna. CHR. KANUHA: Thank you, Mr. Ilagan. Any other discussion? Hearing or seeing none MR. ONISHI: Mr. Chair? Oh. CHR. KANUHA: Mr. Onishi. MR. ONISHI: Just to the department, and through my discussion when I met with the Chief, I kind of wanted it specified for my district, but then he told me that it would be kind of hard. He wanted it island-wide, because in case like one would break, or whatever, and then, or where it was needed. Then he wanted to make sure that he had the equipment to put it out there. So I bought the two of them. basically for District 3, island, to service the whole island. So yours would be too, I think Greggor. Thank you. Page 29 -2 December 17, 2014 MR. ILAGAN: Actually to my understanding, we need those stealth stat in Puna. Because they were the current stealth stat, w, and I believe they were in Hilo. S specifically wanted it in Puna. But thank you for allowing your contingency fund for the whole island. CHR. KANUHA: Thank you. MR. ONISHI: The more the merrier. CHR. KANUHA: Okay, thank you, to Mr. Ilagan and Mr. Onishi. I also appreciate it for the whole island. No more discussion. All in favor say aye. Vote on Res. 15-14: The motion to adopt Res. 15-14 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: Resolution 15-14 is adopted. Okay Resolution 19-14. Res. 19-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE PURCHASE OF TWO - FOR THE POLICE DEPARTMENT Transfers/appropriates $6,452.05 out and from the Clerk-Council Services Contingency Relief account (Council District 3); and credits the same to the ivision-Equipment, Miscellaneous Equipment account (Stealth Stat Self-Radar). Reference: Comm. 8 Intr. by: Mr. Onishi Waived: FC Motion to Approve: Mr. Onishi moved to adopt Res. 19-14. Seconded by Mr. Ilagan. CHR. KANUHA: Mr. Onishi, go right ahead. MR. ONISHI: Page 30 -2 December 17, 2014 CHR. KANUHA: Thank you. Any discussion? Mr. Ilagan. MR. ILAGAN: Council Member Onishi, I wanted to ask you, difference, between the Stealth Stat traffic survey, and the Stealth Stat Self radars. Are they the same? MR. ONISHI: e. MR. ILAGAN: Okay, just different names. MR. ONISHI: Yeah, the same, but they got the wordings differently from different people. Yeah. MR. ILAGAN: Okay, thank you. CHR. KANUHA: Mahalo for the clarification. No other discussion. All in favor say aye. Vote on Res 15-14: The motion to adopt Res. 15-14 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: Resolution 19-14 is adopted. Mr. Clerk, Resolution 22-14. Res. 21-14: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE -7, FOR A COMMUNITY ORIENTED POLICING SERVICES (COPS) HIRING Y POLICE DEPARTMENT Provides $250,000 from DOJ to the Police Department to hire two police officers for the COPS Hiring Program. Reference: Comm. 20 Intr. by: Ms. Eoff Waived: FC Page 31 -2 December 17, 2014 Vote on Res 21-14: Ms. Eoff moved to adopt Res. 21-14. Seconded (Adopted): 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: Resolution 21-14 is adopted. Okay, no other out of orders. I MR. ONISHI: Bill 6, Mr. Chair CHR. KANUHA: Oh, yeah sorry. Bill 6. My bad. Mr. Clerk, Bill 6. Bill 6: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING ENDING JUNE 30, 2015 Appropriates revenues in the Federal Grants Community Oriented Policing Services (COPS) 2014 Grant account ($250,000); and appropriates the same to the COPS 2014 Grant account. Funds would be used by the Police Department to hire two police officers for its COPS Hiring Program. Reference: Comm. 20 Intr. by: Ms. Eoff Waived: FC Vote on Bill 6: Ms. Eoff moved to pass Bill 6 on first reading. (Approved) Seconded by Ms. David and carried by the following vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Bill 6 moves to second and final reading. MR. ILAGAN: Mr. Chair? Page 32 -2 December 17, 2014 CHR. KANUHA: Mr. Ilagan. MR. ILAGAN: May I take, could you take Bill 302 out of order? Because CHR. KANUHA: Yes. Mr. Clerk, is it okay with the rest of the Council if we take Bill 302 out of order? Okay. Mr. Clerk, Bill 302. Bill 302: AMENDS CHAPTER 14 (GENERAL WELFARE), ARTICLE 4 OF THE (2012-2014) TO PROHIBITION OF SMOKING IN CERTAIN PLACES AND THE USE OF ELECTRONIC SMOKING DEVICES Prohibits the use of electronic smoking devices in all enclosed and partially enclosed places within the County where use of tobacco products are currently prohibited, and also prohibits use of electronic smoking devices at all County parks and recreational facilities. Reference: Comm. 1091 Intr. by: Mr. Kanuha First Reading: November 19, 2014 Motion to Approve: Ms. Poindexter moved to pass Bill 302 on second and final reading. Seconded by Ms. Eoff. CHR. KANUHA: Any discussion? Ms. Poindexter MS. POINDEXTER: Yeah, on this bill, , and early on if you listened to some of the statements, I was concerned about the people who are trying to use this as a way to quit, and I was trying to support that side of what the e-cigs were. But as I researched more into it, and spoke with people who were using e-cigs, and also was at a restaurant where somebody started smoking an e-cig, I was a little offended by that. While speaking with a gentleman from Kona who was using the vapor, that e-cig, he , and it was just a habit of inhaling that he used it for. I asked him how he felt about this bill that was before us, and he said he understood, because he too felt that there were abuses with people using e-cigs, and not being as respeFacebook some of the things that their saying, Council stay out of it, you trying to parent us. What about our freedoms? Well like any place, or anything, a lot of times policies, and procedures are put in place to either protect someone, or to take care of the abuse. A, because as ve researched more, and I listen to Dr. Oz talk about with the smoking of the cigarette you can see when somebody blows out, you see the smoke. So you can Page 33 -2 December 17, 2014 go whoa, and you can try to avoid it, or whatever, and the smell, or whatever. But wits being released into the air. I could have been sitting at the restaurant, I was at Café Pesto, and this guy just takes out his e-cig, and starts smoking it right there. I, what if the chemicals. Like what I heard on Dr. Oz and some of the professionals talk about is the formaldehyde and things that you cannot see the smoke. S, , and re breathing it. Like the woman who testified for the second time about a friend of hers when she went golfing, and just kind of did the vapor, and she got an asthma attack, , , and what , ble with. So I am definitely supporting this bill, so thank you. CHR. KANUHA: Thank you, Ms. Poindexter. Ms. Eoff. MS. EOFF: Thank you, Mr. Chair. Could I ask you a question? CHR. KANUHA: Yes. MS. EOFF: Okay. From our previous discussions, my understanding was that with the exceptions you had intended as introducer to allow the smoking of the e-cigarettes or the vaping to be allowed inside the stores that sell those products. But I heard somebody testify today, and in relooking at the exemptions, it only says that retail tobacco stores would be exempted, themselves retail tobacco stores. Sif you could , or if s something we need to do to make sure that it is okay inside those vaping stores. And just als having concerns over us going forward the thet allowed wherever regular cigarettes are not allowed to be consistent. But this one issue bothers me a little bit, being able to use them inside the stores. CHR. KANUHA: Well in the definitions, retail tobacco stores means a store which may, I mean, some might not consider themselves retail tobacco stores, but in this definitions they would be considered retail tobacco stores, if they do sell electronic smoking devices. In this definition it means a store which primarily sells tobacco products and accessories. When you look at what a tobacco product, in the next definition, it includes any product made, or derive from tobacco that contains nicotine, or other substances and is intended to for human consumption, or is likely to be consumed whether smoked, heated, Page 34 -2 December 17, 2014 chewed, absorbed, dissolved, inhaled, or ingested by any other means, including but not limited to cigars, cigarettes, pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking device. MS. EOFF: So even though t tobacco store, people could, would be allowed to use the e-cigs there? CHR. KANUHA: Yeah. MS. EOFF: Well I hope that helps clarify that part. CHR. KANUHA: Are you finished? Mr. Ilagan. MR. ILAGAN: I just want to piggyback off Council Member Eoff, because I figure it out, and what it is. Motion to Amend: Mr. Ilagan moved to amend Bill 302 (2012-2014) with the contents of Comm. 1091.107 (2012-2014). Seconded by Ms. Wille. CHR. KANUHA: Okay. Mr. Ilagan moved to amend Bill 302 with the contents of Communication 1091.107. MR. ILAGAN: Yeah. CHR. KANUHA: floor. MR. ILAGAN: Does all the Council Members have the communication? Okay. So to clarify what this does, is that I added in retail tobacco store means a store which primarily sells tobacco products, electronic smoking devices and accessories. I also lowered it from 90 percent its gross revenue to 51 percent, because I felt like that be an appropriate majority. T, just to clarify to make sure that the vape shops are able to sample their products. CHR. KANUHA: Thank you, Mr. Ilagan. All the Council Members have the amendment? Okay any discussion? Any other discussion? Oh, Ms. Wille. MS. WILLE: I mean, I think this sounds reasonable. I really wanted to just ask yourif you have a problem with this. You know, your comments on this , but I CHR. KANUHA: rest of the to respond to the amendment. Thank you. Page 35 -2 December 17, 2014 I did look at this amendment. Personally for myself, I think the bill is good in its entirety already. What the amendment does, is it brings it down from 90 percent to 51 percent of its gross revenue from sale of tobacco products. Later on in the sentence it says in which case the sale of other products is merely incidental.49 percent of other products being sold, other than tobacco products, I kind of said, if you want to call yourself a retail tobacco store, or this a retail tobacco store, you should be selling the majority, at least the majority, which is why I said 90 percent as tobacco products. Because everything else if you do it by 51 percent, ed a retail tobacco store, in my opinion. Tha I did it at 90 percent, because then it really would retai just my response to your amendment, but of course a Council decision, too. MR. ONISHI: Mr. Chair, one fast one? CHR. KANUHA: Mr. Onishi. MR. ONISHI: Yeah, having a hard time. Your discussion is being broken up in Hilo, and so can you ask for a recess, and then have Jeff guys check on the audio, please? CHR. KANUHA: Okay. Was it just me or was it everybody? MR. ONISHI: Everyone. CHR. KANUHA: Okay, thank you, Mr. Onishi. We will take a brief recess to check on our technology. Thank you. Recess: At 6:27 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 6:34 p.m. CHR. KANUHA: Okay, we are coming out of recess, and I do not know where we were. Okay, Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chair. We were, you were explaining the reason why you wanted the 90, and may I respond back? I just wanted it to be clear on enforcement, in the sense that we know if you go into a convenience store, not more than ten, five o be tobacco, less than that , or a tobacco store, and thermade it to Page 36 -2 December 17, 2014 51 percent rather than 90. S their sale is tobacco. CHR. KANUHA: Ms. Poindexter. MS. POINDEXTER: So maybe the question is directed to you. If it to drop to that 50 percent, so could it be thatsay an ice shave shop selling ice cream and ice shave also has cigarettes. So will somebody be able to vapor there as well if their cigarette sales are 50 percent of the happening. So my concern again, is then we going have children, or other people around. So I like what is currently there with that larger percent, because then you know it is a tobacco store, and those are for adults. So it kind of, I . Because you can almost guarantee that it will be definitely adults in the tobacco store. So with no disrespect, not supporting this. Thank you. Your amendment, sorry. CHR. KANUHA: Ms. Wille. MS. WILLE: One of the things that concerns me, is just sort of respecting the intent of many of those who are selling the electronic smoking devices to get people off of smoking. A were sort of offended being referred to as a tobacco store. That they really are trying to be not moving, taking away that, So , but just having them included as a retail tobacco store bothers me somewhat. I really would like, I mean, I don like to add a lot of time and energy and nitpick, but I just want to raise that, I have a concern about that. brought up, and I to lean on the side of your responsible, and I lean the other more protective. For that reason, basically supporting the bill. into details. And really because , a park that, and people are doing it and trying it, the kids will go from not smoking anything CHR. KANUHA: Just make sure you stay on the amendment. MS. WILLE: Okay, let me stay on the amendment. Let me just say, right now , but I just want it to be known that to say you have to justify in order to allow people in there to do it that it has to be 90 percent of your profits. Ianyway, I just Page 37 -2 December 17, 2014 CHR. KANUHA: Thank you, Ms. Wille. Any other discussion? MR. CHUNG: Yes. CHR. KANUHA: Mr. Chung, on the amendment? MR. CHUNG: Yeah, with regard to the amendment then, if CHR. KANUHA: Make sure you speak in the microphone, sorry. MR. CHUNG: Yeah, troubles you Mr. Chairman, then I just ask for a friendly amendment to take that whole thing out. That part which starts with a comma, and in which the sale of other products is merely incidental. But going to meet with the approval, but at least it addresses your concerns. CHR. KANUHA: Thank you, , and to ever aboutI try to keep it retail tobacco store, youre going to be selling tobacco, electronic cigarettes, all these types of devices, all these different products focused on 100 percent. Because I know a lot of these places do sell some other stuff like sodas, and candies, and whatever, kept it at a high amount, so that , be allowed to vape inside, t exempts them from this bill. So that was my reasoning for having it at that higher level of gross revenue sales, because everybodytail tobacco store, or these shops that sell these types of products. Fifty percent, I have no idea how that could work out. That one kind of boggles my mind, how they would figure that out, what is a tobacco store wher, going to be 50 percent, you might have kids inside there and be exposed to an enclosed area where the majority of these sales of tobacco products can be used s me in only having the 50 percent, exempted, because the majority of sales, and you can smoke inside there, you can do your electronic cigarettes inside there, you can sample all these different items. That was the reason why I kept it high. So that we can avoid situations where other patrons, other customers, keiki, kupuna, whoever else it is, that is going -hand Page 38 -2 December 17, 2014 smoke, or vapor emissions from these typ reasoning. Any other discussion? I personally don, but in any case the second part of this amendment I think makes a lot of sense. st Because if this does pass, or if this bill does pass. st I. So I think with this this bill, a division of the amendment, because want us to possibly vote this thing st down, and the second Section 7 of this amendment, to upon its approval. ithin this bill if whatever happens with this amendment. Mr. Ilagan. MR. ILAGAN: Well, we can definitely bifurcate it, but still I was, may I call one of the vape owners? I just want to see what she sells, and does she sell any tobacco products such as chewing tobacco, cigars, or smoke combustible. May I ask? CHR. KANUHA: But, just keep it on to your amendment. MR. ILAGAN: CHR. KANUHA: You know, the 51 percent type of MR. ILAGAN: CHR. KANUHA: Okay. MR. ILAGAN: Could you please state your name and, your title, position, ownership. (Note: At this time, Michelle Johnston, Owner of Sub Ohm Vapes, came forward to address the members of the Council.) MS. JOHNSTON: Sub Ohm Vapes, here in Kailua-Kona. MR. ILAGAN: have to answer, but it would help clarify some things. This is your business. I would like to know ifit says primarily sells tobacco products, and it says accessories. But you define tobacco products here, Council Member, and, I wanted to know if you sell these products, cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, do you sell any of those in your store? MS. JOHNSTON: No, we do not sell any tobacco products. Page 39 -2 December 17, 2014 MR. ILAGAN: Okay. to add electronic smoking devices, because I agree with Council Member Wille. I should have put retail tobacco store, or vape shop, or something like that. But I decided to just make it as simple as possible, so I . B clear to the enforcement, , selling cotton candy, why I made it like this, clarify anything else. CHR. KANUHA: Thank you, Mr. Ilagan. Mr. Paleka. MR. PALEKA: So, you sell no tobacco products? MS. JOHNSTON: I do not sell cigarettes, cigars, snuff, chew. If you want to consider nicotine, which I do not consider nicotine tobacco as I defined it, some products contain nicotine in the liquids. However not all of them do. MR. PALEKA: Let me try make it a little bitare you regulated by the ATF (Federal Bureau of Alcohol, Tobacco and Firearms)? MS. JOHNSTON: No, I am not. MR. PALEKA: Thank you. MR. ILAGAN: Thank you. CHR. KANUHA: Thank you very much. Ms. Wille. MS. WILLE: Yeah, , as I understand mission is that; and therefore, d feel a little bit offensive. I meaI just want to honor, regardless of how we vote, that intent, part of it is to get people away from smoking. At the same to say, I really appreciate what you do, and not sure how much nitpicking. I appreciate Mr. Ilagan bringing this amendment forward and working that. So thank you for coming forward and helping us. CHR. KANUHA: Thank you, very much. Any other discussion? I just want to respond too. A lot ofwhen these electronic smoking devices, or electronic the ones that considered, a lot of them conside Page 40 -2 December 17, 2014 . I mean our little, small little stores might not consider that. But I mean when they were selling it and trying to introduce this in not. So I just wanted to say that. But in terms of this amendment, it also has electronic smoking devices, which is unnecessary, because earlier onI know you try to bring it out there about which includes electronic smoking devices. But when we go into the definitions of tobacco produo most irrelevant, so that everybody can see it. MS. WILLE: Can I ask Mr. Paleka something on his question? CHR. KANUHA: MS. WILLE: Oh, oh, sorry. CHR. KANUHA: I forgot what I was going to say. MS. WILLE: Sorry. CHR. KANUHA: Okay. Ms. Wille, you can go right ahead. MS. WILLE: Okay, sorry. Council Member Paleka, you asked her a question about is she regulated by something. Could you just explain what you were getting at there? MR. PALEKA: Thank you, Mr. Chair. Councilperson Wille. Yeah, I just wanted to clarify that, she had stated that she was not regulated by the ATF, which is the Alcohol, Tobacco, and Firearms, which I think is a real significant point here when we CHR. KANUHA: May I ask you a question? Who are you regulated by? MS. JOHNSTON: As far as I know, we do not have to obtain a tobacco license, because it is not considered tobacco. So regulation CHR. KANUHA: Thank you. MS. JOHNSTON: CHR. KANUHA: Thank you. Page 41 -2 December 17, 2014 MR. ILAGAN: Mr. Chair? CHR. KANUHA: Ms. Poindexter. MS. POINDEXTER: Yeah, I have a question. You, I thought I heard you say that some of your liquids may contain nicotine? MS. JOHNSTON: Yes, but you do nota tobacco license right nowso if vendors sell tobacco, they have to obtain a tobacco license just like your GET license, and pay for that license. However, we do not sell tobacco. Nicotine is not tobacco. The mentioned tobacco products, cigars, cigarettes, snuff, chew, loose leaf tobacco, they are all considered, and defined as tobacco. Nicotine has its own definition. It is nicotine. You do not need to MS. POINDEXTER: Be regulated on that. MS. JOHNSTON: MS. POINDEXTER: Okay, so I just needed to make that clear, because I thought you were just doing the fruit flavor. B that was, had nicotine in it. So I just needed that clarification that you do have some liquids that have nicotine in them. Thank you. CHR. KANUHA: Mr. Ilagan. MR. ILAGAN: I also want to clear up a point, is I believe it was June 22, 2009 the Tobacco Control Act, and what it is, it gives FDA the authority to regulate the manufacture, distribution, and marketing of tobacco products. It does not fall into the electronic cigarettes. A the FDA Center of Drug Evaluation, and Research, they oversee regulations, and therapeutic use of electronic cigarettes. However, so far none has been approved. So what I found through the studies, and also the FDA workshop that I attended, is that electronic cigarettes are real with this amendment, is just to define and make it clear, so enforcement knows, CHR. KANUHA: some issues. T some concerns abouthe first half of this amendment, otion to divide this. MS. EOFF: Mr. Chair? CHR. KANUHA: Ms. Eoff. Page 42 -2 December 17, 2014 MS. EOFF: Before you do that, and if that part, the change to say upon its approval is important to your bill, what about just amending your bill? Like if, I , that would be considered a friendly amendment. But just add that as an amendment. CHR. KANUHA: It could, tha go back, have to be numbered. so we can MS. EOFF, or divide this one? CHR. KANUHA: Yeah. MS. WILLE: , I think we could CHR. KANUHA: No. MS. WILLE: No, okay. CHR. KANUHA: I think the simplest way currently right now is to divide the MS. EOFF: The current amendment be first. CHR. KANUHA: The current amendment. MS. EOFF: Okay. MR. ILAGAN: , if we do that verbally. CHR. KANUHA: Okay. Can I, can I have a motion tois there, Mr. Clerk, the motion would be to divide the question? MR. CLERK: Yes, under , so you have to divide the question on 1091.107. CHR. KANUHA: May I have a motion to divide the question on Communication 1091.107? Page 43 -2 December 17, 2014 Vote on Motion The motion to divide the question in order to vote on To Divide the Question: each amendment contained in Comm. 1091.107 separately (Approved) was carried by the following roll call vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: okay, Item No. 1 CHR. KANUHA: endment since we of Comm. 1091.107: discussed this. B Is there any discussion? Mr. Ilagan. MR. ILAGAN: I hope you guys can support it. CHR. KANUHA: Thank you. I appreciate it. It is an amendment that going to be mad at or anything, beasonings why. So okay, on Section 1 of Communication 1091.107, all in favor sayoh, Vote on Item No. 1 Item 1 of Comm. 1091.107 was approved by the of Comm. 1091.107: following roll call vote: (Approved) Ayes: Council Members Chung, Ilagan, Onishi, Paleka, and Wille 5. Noes: Council Members David, Eoff, Poindexter, and Chair Kanuha 4 Absent: None. Excused: None. CHR. KANUHA: Thank you very much. That amendment passes. Now to Section 2 of Communication 1091.107. All in favor say aye. Page 44 -2 December 17, 2014 Vote on Item No. 2 Item 2 of Comm. 1091.107 was approved by the of Comm. 1091.107: 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: So Section 2 passes as well. MR. CLERK: So essentially what we have done basically, is kind of gone back to the original communication. S motion on the floor to approve it, d just to take a vote, and just kind of, that we divided it, but we put it back together. CHR. KANUHA: Okay, just for clarification since that just happened, w MR. CLERK: On the amendment. CHR. KANUHA: On the amendment. Any discu favors, because both sections were passed. So all in favor of the amendment. Oh, ase say aye. Vote on Motion to Amend: The motion to amend Bill 302 with the contents (Approved) of Comm. 1091.107 was carried by the following roll call vote: Ayes: Council Members Chung, Ilagan, Onishi, Paleka, and Wille 5. Noes: Council Members David, Eoff, Poindexter, and Chair Kanuha 4. Absent: None. Excused: None. CHR. KANUHA: Thank you. So, main motion, as amended. MR. CLERK: Chair Kanuha, we are at second reading I believe, and there has been a substantial amendment, so the Council would to suspend its rules to move forward at this point in time, I believe. Page 45 -2 December 17, 2014 Motion to Suspend Mr. Ilagan moved to suspend Council Rule 24 to waive the Council Rules: holdover for substantive amendment of Bill 302. Seconded by Mr. Onishi. MR. ILAGAN: The file is in holdover is it? CHR. KANUHA: No, because, this is a substantial amendment, it would have to be held over. But , that we could vote on it today. All in favor say aye. Vote on Motion The motion to suspend Council Rule 24 to waive the to Suspend Council Rules: holdover for substantive amendment of Bill 302 was (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. KANUHA: Okay, Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chair. I just want to make a comment to Council Member Wille. Man, four. It seems like sorry, I just had to say that for some reason, so congrats. I just want to make a comment on the main bill. My comment is that, what I found out is that the intent, is, is electronic cigarette devices harmfuhat I could r and one is the American Lung Association statement on e-cigarettes. Also unknown is what the potential harm may be to people exposed to second hand emissions from e-cigarettes. The Office of Science Center for Tobacco Products, cientific evidence regarding the human health effects of e-cigarettes limited. Be Tobacco Free.org, E-cigarettes may contain ingredients that are known to be toxic to humans. So I wanted to findI guess let me make just a rhetoric question, and then Council Member can comment from there on, is that, I could not find a study that stated electronic cigarettes is harmful. So I wanted to know what studies are you referring to, s causing that harm. Second is, from my understanding the intent is to help facilitate easier enforcement with the Police Department. The problem is, because the Police Page 46 -2 December 17, 2014 Dn electronic device user. With that kind of principle, I feel like we should ban because it resembles a person chewing tobacco. O, using insulin, it resembles him using drugs. So an electronic cigarette user like for easier en-fetched for my understanding. Because should we mandate rolling down the window to better help facilitate enforcing the seatbelt law? So just to think about. The last part is, I feel that the other intent is to discourage smoking behaviors for the children. For me, I really had to ask myself, is it our place at this level to be reguhereI feel like where does it, on our responsibility, the line, does it end? Well accord we want to make sure t, doing. So I feel that if you could meet me half way, because I, to address the businesses and also the public workers working indoors, we should ban it , and beaches until we have more available information. to make a motion to amend Bill 302 with the contents of Communication 1091.109. Motion to Amend: Mr. Ilagan moved to amend Bill 302, as amended, with the contents of Comm. 1091.109. Seconded by Mr. Onishi. MR. ILAGAN: Maybe if you could take a recess? CHR. KANUHA: Recess: At 7:04 p.m., the chair called for a recess. Reconvene: The meeting reconvened at 7:05 p.m. CHR. KANUHA: Mr. Ilagan, you have the floor. MR. ILAGAN: The reason why I introduced this is, I would like to meet, this bill half way. Because I have spoken to the businesses when this first came up, and I realized the businesses want us to act, because they have already volunteered to prohibit electronic cigarettes in their stores, and to back them up we can create this law. And also indoors for County, for public workers. But where I see until we have more information, I feel that the ban for beaches and open parks, we should have an exemption for that, . The reason why I am in full support in banning indoors is, I went to Starbucks and I was doing my work there, and I was waiting to go to the bathroom. But the bathroom took so long to open, and then all of a sudden when the person Page 47 -2 December 17, 2014 went out I went in, I noticed there was smoke, but I could not smell it. Maybe somebody with a better smell could smell it. But I think it was a vapor, and I can understand that being enclosed. B different situation. So this is an amendment to exempt outdoors for County parks, and beaches for only electronic smoking devices. CHR. KANUHA: Thank you, Mr. Ilagan. Mr. Chung. MR. CHUNG: Yeah, and maybe we can have Mr. Henricks check this out, because ill. But when I look at what we have here, do we have any other drafts to this bill? CHR. KANUHA: MR. CHUNG: Only one? Okay then, I could be wrong. B checking this with the Hawaii County Code, and Section 14-22 actually, I mean as proposed by Mr. Ilagan might not be correct. I could be wrong again. MR. HENRICKS: Oh, as far as the ramseyer format, this first sheet, ill in ramseyer his proposed amendments to the bill. The attachment, then the draft shows his amendments and all the others incorporated into the Code. MR. CHUNG: Okay. Thank you very much. MR. HENRICKS: CHR. KANUHA: Thank you, Mr. Chung. Any other discussion? Okay, seeing no other discussion, To this amendment, the reason why we added in its entirety, I mean, part of my justification for just adding simply electronic smoking devices to the already existing laws regulating places where we can smoke, is that it will be consistent with our already smoke-when see somebody puffing on this thing, big clouds of smoke come out sometimes, most times, n electronic smoking device, a cigarette, a tobacco product, I mean, nobody would know. So , first of all. Which, we had testimony from the Police Department that said, that it, would be very, very difficult to enforce without having this part of their already smoke- hard for them to tell in parks whether somebody is smoking tobacco, or not. It was very difficult for them to tell. I forget the officers name, but he did testify on that part. Also, in cases of ng indoors asically meaning that you may think that there is a danger to others around you in these enclosed Page 48 -2 December 17, 2014 spaces. B nic smoking, second-hand smoke, are you If -feet away from somebody smoking it outdoors, and it blows into my face, is that oka I oppose this is basically, you know, i beach, and somebody is smoking this in the air, in the vicinity of us, is that okay, do I think , and then blowing in not only my face, but e added that into the regulations. And the County parks? Our kids, our keiki, our families. Playgrounds. One testifier earlier in opposition to Bill 302 stated that when we are kids we do things that our parents normally did. Which is why we see such a big increase in our keiki doing a lot of these types of smoking, electronic smoking cigarettes. So . I know you were trying to do this before, and I stated my opposition to it before. T mendment at this current time. Ms. Poindexter. MR. ONISHI: Mr. Chair? CHR. KANUHA: dexter and then over to you Mr. Onishi. MR. ONISHI: Okay. Thank you. MS. POINDEXTER: Thank you, Chair. Yeah, I agree with what you just said, because I cannot picture a lot of people vaporing in my new Honokaa playground with just all kids, , and you have a confined area, and I would justso I cannot support this amendment either. Because layground was made for the kids, or even the skateboard park right next door, so not supporting it at this time. CHR. KANUHA: Thank you, Ms. Poindexter. Mr. Onishi. MR. ONISHI: Mr. Chair, you had mentioned that, I guess, it was like the police officers. But to my knowledge there were no citations that the police officers gave to anyone in the beaches and parks. So to say that they going have a hard time, I , that was given out. The other thing is like you mentioned about having where, like I guess the kids see what adults are doing, or their parents are doing, and we need to protect that. But then, so then we need to ban a lot of things, drinking, we need to likeoh, like domestic violence. T things that needs to be banned then, rotect our , then we got to look at everything. Thank you. Page 49 -2 December 17, 2014 CHR. KANUHA: Thank you, Mr. Onishi. We had, who already spoke on this? the option for those that never spoke on it. MR. CHUNG: CHR. KANUHA: Mr. Chung. MR. CHUNG: , is this bill going to be held over for one more reading. The reason why, you know, , and this is of these amendments, right? I think some of the language could be tightened up a little bit, but though. Makes a lot of sense to me. CHR. KANUHA: Thank you, Mr. Chung. Ms. Wille. MS. WILLE: Thank you. Okay, yeah. I will be supporting it, and at first I was sort of leaning sort of the beaches and parks, sort of getting on the, is it open, or closed, sort of where the amendment is. But then I go back to is it predominantly affectingor this is an adult issue or kid issue, elf as, if I was a kid, , or a vaporing. I mean I not smoking. So again, leaning towards protecting kids. I mean, smoked many times, and always it was because I was around others smoking. Point of Order: MS. EOFF: Excuse me. Point of order. CHR. KANUHA: Oh. Ms. Eoff. MS. EOFF: Ms. Wille, are you speaking MS. WILLE: Am I screwing this upon the amendment. MS. EOFF: Yeah. , or the bill as is. MS. WILLE: Oh, s. MS. EOFF: MS. WILLE: Yes. Thank you Ms. Eoff, for making that clarification. Not the amendment that would open it up to parks. But I just want to explain why I feel that way, as I sort of really try to look at it from the concern of kids going from the vaporing to the cigarettes. Istop smoking and such a Page 50 -2 December 17, 2014 critical health problem. I really want to do everything we can on that end to CHR. KANUHA: Thank you, Ms. Wille. Ms. David. MS. DAVID: Just wanted a clarification. Ms. Wille, not this .109 amendment? But the bi? CHR. KANUHA: nded, MS. DAVID: As amended. CHR. KANUHA: W1.109. MS. DAVID: .109, but she will support the bill, as amended, essentially. CHR. KANUHA: Yes. MS. DAVID: Thank you. CHR. KANUHA: Okay. W MR. ILAGAN: Okay, I just wanted to clarify some things. One, you spoke about the Police Department, but right now the Police Department is driven by , and look for if anybody is smoking. Someone files a complaint because of smoke, and right now from my understanding, t smell, What I feel is an issue regarding enforcement, , and then the police comes and try to enforce it. The police better actually confront the person and find out, just enforce just looking. The other part is, parks, somebody blows it on my face in out, e. And I feel likwho smoke cigarettes, . And if this Council , because it starts at home. The one thing is what adults do. Not only that but what especially appeals to them is what adults do , I just want to make that point. CHR. KANUHA: Thank you, Mr. Ilagan. Mr. Chung. Page 51 -2 December 17, 2014 MR. CHUNG: Yeah, I just wanted some clarification. I know w going for hours here, but I heard your comments Mr. Chairman, as well as Ms. , and I want to make sure that you guys understand that according to my reading of this. The outdoor exception is only for electronic smoking devices, and not reinstating cigarettes back into the outdoors. Because you guys were talking about differentiation, and how can there be differentiation when CHR. KANUHA: May I respond? MR. CHUNG: Yeah, sure. CHR. KANUHA: adding electronic cigarettes, or electronic smoking devices, to already County tobacco-free ordinances. So the differentiation comes, you know, cigarette, and somebody smoking electronic smoking device. MR. CHUNG: Alright. CHR. KANUHA: Ms. Eoff. MS. EOFF: But, what I think Mr. Chung was saying might be correct. This amendment has a flaw, because it may undo the areas where tobacco, or cigarette smoki MR. CHUNG: No. CHR. KANUHA: No. MR. ILAGAN: can I? CHR. KANUHA just adding it in all closed areas parks, County parks, and beaches. Smoking is already not allowed, tobacco products. MR. CHUNG: Right. CHR. KANUHA: So this, it just adds electronic smoking devices to that ordinance, to this ordinance. MS. EOFF: No, no, but this exemption. CHR. KANUHA: Oh, wesorry. MS. EOFF: His amendment now exempts Page 52 -2 December 17, 2014 CHR. KANUHA: I apologize. MS. EOFF: Outdoor areas of County parks and beaches. B reading it. MR. CHUNG: Yeah if I could comment? MS. EOFF: Okay. Got it. MR. CHUNG: Yeah. MR. ILAGAN: Just to clarify that statement. MR. CHUNG: Can I? CHR. KANUHA: Mr. Chung. MR. CHUNG: Yeah, because right now cigarettes are prohibited outdoor County facilities. What Mr. Ilagan is proposing, is that there be an exception to this, and that e-cigarettes be allowed outdoors. Just wanted to make sure everybody is clear on that. CHR. KANUHA: Thank you. MR. CHUNG: I support it. CHR. KANUHA: Thank you for the clarification. Any other discussion? 1091.109. Vote on Motion to Amend: The motion to amend Bill 302, as amended, with the (Failed) contents of Comm. 1091.109 failed by the following roll call vote: Ayes: Council Members Chung, Ilagan, Onishi, and Paleka 4. Noes: Council Members David, Eoff, Poindexter, Wille and Chair Kanuha 5. Absent: None. Excused: None. CHR. KANUHA: Thank you very much. Communication 1091.109 fails. On to the main motion as amended. Mr. Chung. Page 53 -2 December 17, 2014 MR. CHUNG: e more amendment. Propose one more. MR. ILAGAN: May, could you suspend the rules, so you can just file the discussion. Because we have a substantial amendment on the floor. In the sense of MR. HENRICKS: CHR. KANUHA: MR. ILAGAN: Yeah, but whenoh, MR. CHUNG: Okay, since the outdoor motion failed, , and a lot of you were concerned about children outdoors. What about including bars for the use of electronic smoking devices only? No kids in bars. You got guys with addictive personalities anyway in there. So, of popular in there, yeah. So CHR. KANUHA: MR. HENRICKS: Our Council rules are clear that any substantial amendments must be made in writing. CHR. KANUHA: Thank you. MS. WILLE: Is this kidless bars? CHR. KANUHA: So. MS. WILLE: What do we do? CHR. KANUHA: Okay, on the main motion as amended, amendment. Because this is substantial, Mr. Chung. MR. CHUNG: right? CHR. KANUHA: Absolutely. Just to inform the Council, this is live. Laws are living. It can always be amended. Just wanted everybody to know that. Ms. Poindexter. MS. POINDEXTER: Yeah, I was going to say, I would support that, definitely in the bars, and if you could do one for Vegas. Nah, I just joking. I would love it being all vapor in Vegas, because of all smoke. But anyway I definitely Page 54 -2 December 17, 2014 would support something like that, Council Member Chung. So just to let you know. Thanks. CHR. KANUHA: Okay. Mr. Ilagan. MR. ILAGAN: , and the reason why I asked for that amendment was if we could meet halfway, and that was my main thing, . One of the main reasons is that, ot my place to saythat this is not only without any scientific proof that second-hand smoke of electronic cigarette is harmful outdoors. I was hoping that we could defer that issue, when we have it. m just kind of at loss right now, and I wanted to support this bill, but I have to say no. I was hoping that the outdoors could work and then I could support the bill. But , CHR. KANUHA: Thank you, Mr. Ilagan. Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman. I really do credit you, because your heart is in the right place. Yeah, , and the bar. But having said that, - smoked, even a puff in my life. I have asthma on top of that. So you would think that I would be an anti-smoking person. But it really troubles me, even when we had the smoking bill come up before us in the past. I voted against it. And the reason for that really is, that kay. Businesses can say no smoking. It actually might be better for them. But as it turns out it actually was better. Nto burn my clothes whenever I go to smoke filled. But at the same time, , and -cigarettes. Yeah, concerned about the proliferation of these e-cigarettes with the younger set. Okay, in fact I saw some statistics that show that actually a lot of these kids who are using e-cigarettes were never smokers before. They were actually starting this thing. Well rse. But at the same time is this bill going to address the fundamental problem, the underlying s not going to. Maybe the state should take a bigger role, just as we said they should with GMO, or this might even be preempted by state law. Because the state actually has a no-smoking law in affect already, but it could be said that allowed to go even further. t troubled by really setting a lot of people who are law abiding citizens out on the side. Poor guys smoking cigarettes. now, but going outside of restaurants, smoking on the side, putting it in a can. I kind of feel sorry for them going to be voting against it. With all due respect though. Page 55 -2 December 17, 2014 CHR. KANUHA: Thank you, Mr. Chung. MR. ONISHI: Mr. Chair? CHR. KANUHA: Mr. Onishi. MR. ONISHI: Yeah. In fact, te down on my notes was that, because I had heard about how, that testifier made about like protecting our teens, how our keiki, our children, they see adults doing it, and so forth. By passing this, help with the testimony we heard today of protecting our children. So I had put down where, so with all the high rates of the use by our teens, elp control the use that our teens canwill be using, right. Sere we got to look at. I mean, because if you look at, listen to the testimony they were talking about how this high rate of, I guess, intermediate students are using the e-cigarettes. But then the problem is somebody has to be buying it for them. Okay. S then they can buy it. Because tha sthat it shall be unlawful for a minor under 18 years old toage to purchase any tobacco products as described under the Subsection 1, or electronic smoking devices described under Subsection 5. So there is a state law, so by passing this, this is not going to be helping our minors, or keiki, . So we got to start looking at something like that. S something, so that we can submit to the Legislature so that we can print again. And then, through all the past times we had these meetings, I always mentioned that there is no law penalizing a minor smoking even a tobacco cigarette. So we need to start fixing that first, before we can start doing this, right? Then just to clarify one more thing, one testifier mentioned about a child on the mainland that died with the nicotine. That child, what my understanding was that the child drank the nicotine liquid, , or vaporing the nicotine cigarette, or that device. So, just, to kind of clarify that, I think we got to be looking at, and I agree with Mr. Chung, on that part. Thanks. CHR. KANUHA: Thank you, Mr. Onishi. Mr. Paleka. MR. PALEKA: I just wanted to elaborate a little bit on why I would not support this measure, and not only that slope. But to go back to the point of where tobacco, and e-cigarettes are not regulated the same by the Federal government, On the ATF issue, same in the County arena, and I just have a. So, Page 56 -2 December 17, 2014 CHR. KANUHA: Thank you for your brevity, Mr. Paleka. Any other discussion? Ms. David. MS. DAVID: For me, I think what Mr. Ilagan was saying about allowing it in parks, and we could not, no one can distinguish between , and . So for me, , if our ly know the difference. So my concern is that because the vapes contain nicotineand that is the killer in people who smoke. I smoked for 20 years. The addicting factor is nicotine. Well so, I smoked for 20 years, cold turkey for at least 20. There was no vapes, nothing back then. But I know the result of smoking and the effects of nicotine, and I made a conscience choice to stop. So now for me listening to what is being said here, for adults the education about the hazards of nicotine has taken many years to come to this point, and now someone has to convince me that this new wave of vapes, because they contain nicotine is not, how should I say, is notthe new wave of a tobacco industry creating a new addiction in a community, or in a segment of our community of young children who will in their minds, in their young minds, they will say. My parents vape, and we have candy flavored vapes. . But for me, I really believe that since everyone is saying you cannot tell the difference on whether vape has nicotine or not. You can smell the flavor in it, but having a problem on making that choice, and that distinction. Li not sure who raised the issue, but this is not a ban on vapes. So the law is a changing process, so if for some reason this bill proves that, hey you know what to smoke vape, or to vape in County parks where all our kids congregate with their families, it can always be changed. just, right now I know both sides, but I really have a concern. I really have a concern. So position, and just say yes, I support you a 100 percent, but thank you. CHR. KANUHA: Thank you, Ms. David. MR. ONISHI: Mr. Chair? CHR. KANUHA: Oh, Mr. Onishi. Page 57 -2 December 17, 2014 Vote on Motion to Call Mr. Onishi moved to call for the question. Seconded for the Question: 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: Okay. All in favor of, oh, a roll call on this one, Mr. Clerk. On Bill 302, as amended. Vote on Bill 302: The motion to pass Bill 302, as amended to Draft 2, on (Draft 2) second and final reading was carried by the following roll (Adopted) call vote: Ayes: Council Members David, Eoff, Poindexter, Wille, and Chair Kanuha 5. Noes: Council Members Chung, Ilagan, Onishi, And Paleka 4. Absent: None. Excused: None. CHR. KANUHA: Thank you, very much. Bill 302 passes second and final reading as amended. MR. ONISHI: Mr. Chair CHR. KANUHA: Mr. Onishi. MR. ONISHI: Yeah, Thank you. CHR. KANUHA: Thank you, Mr. Onishi, barely even talk. Okay is everyonewtake a brief recess. Three-minute recess. Recess: At 7:37 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 7:42 p.m. CHR. KANUHA: Thumbs up means good. We are out of recess. ll start at the top of the agenda. Mr. Clerk, Resolution 552-14, Draft 2. Page 58 -2 December 17, 2014 Return to Order The Chair directed the Council to return to the order of business. of Business: ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. (Note: Items in this category were taken up previously, out of order.) Res. 552-14: GRANTS A VARIANCE FROM CHAPTER 3, SECTION 3- (Draft 2) COUNTY CODE 1983 (2005 EDITION, AS AMENDED), TO ALLOW ONE GROUND SIGN ON 48-OAD, TAX MAP KEY: 4-8-006:043 (Z The applicant, Colleen Gold, requests a sign variance for one sign to be placed at Reference: Comm. 1081.3 Intr. by: Mr. Kanuha (B/R) Approve: PWPRC-92 Vote on Res. 552-14: Ms. Poindexter moved to adopt Res. 552-14, Draft 2, and (Draft 2) Public Works and Parks and Recreation Committee Report (Adopted) No. 92. 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 CHR. KANUHA: Resolution 552-14, Draft 2, is adopted. Resolution 14-14. Page 59 -2 December 17, 2014 Res. 14-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A ISLAND UNITED WAY FOR LAVA FLOW DISASTER RELIEF Transfers/appropriates $10,000 out and from the Clerk-Council Services Contingency Relief account (Council District 4); and credits the same to the Island United Way). Reference: Comm. 3 Intr. by: Mr. Ilagan Waived: FC Motion to Approve: Mr. Ilagan moved to adopt Res. 14-14. Seconded by Ms. David. CHR. KANUHA: Mr. Ilagan. MR. ILAGAN: So m even doing this. The reason why is, I talked to R&D, and initially what I wanted to do was $90,000, and the reason why it would be $90,000, is because when I had spoken, and kind of gotten an understanding, and I just kind of took initiative, is that I was hoping that the Council can unite, and from your contingency fund be able to give $10,000 to help out with the lava. So ll be $9,000 total. This was the resolution. I tried to talk to Laverne to expedite the whole thing, and just make it $90,000, and then I would amend who would not participate. By you not giving $10,000 to the Unit t care about the situation. I know you do. s just, I just wanted to take initiative on trying to get more funding to help out with the families who are going to be in need regarding this disaster. The United Way was going to fix those who falls through the cracks. This is why I put this up. I want to urge the Council Members, and you can definitely call my office to support. And also if you could give $10,000 from your contingency fund to be able to help out, is gotten a lots going to be devastating if it keeps going through that path. s the reason why I put up Resolution 14-14. Thank you. CHR. KANUHA: Thank you, Mr. Ilagan. Any other discussion? Hearing or seeing none, all in favor say aye. Page 60 -2 December 17, 2014 Vote on Res. 14-14: Ms. Poindexter moved to adopt Res. 14-14 Seconded by (Adopted) 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. Vote on Motion Mr. Ilagan moved to suspend Council Rule 15, to waive to Suspend 5-day holdover for reconsideration of Res. 14-14. Council Rules: Seconded by Ms. Poindexter and carried by the following (Approved) 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. CHR. KANUHA: Okay. Mr. Clerk, Resolution 16-14. Res. 16-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL FOR A FULL-TIME PROJECT COORDINATOR FOR AN ALBIZIA CONTROL PROGRAM Transfers/appropriates $30,000 out and from the Clerk-Council Services Contingency Relief account (Council District 4); and credits the same to the Miscellaneous Contract Services account (Grant to Big Island Resource Conservation and Development Council). Reference: Comm. 5 Intr. by: Mr. Ilagan Waived: FC Motion to Approve: Mr. Ilagan moved to adopt Res. 16-14. Seconded by Ms. David. CHR. KANUHA: Mr. Ilagan. Page 61 -2 December 17, 2014 MR. ILAGANll make this real quick. for a position in the state with the Big Island Invasive Species Council, to be able to manage the control, or a coordinated effort on the albizia. What the statistics, this person will get not only the good, is that with the statistics hoping we could get more state and federal funding for albizia management. This will have this position be able to collect those data and then in a year from now present that data to get the funding that we need, and also be able to coordinate the effort of albizia control. Thank you. CHR. KANUHA: Thank you, Mr. Ilagan. Any other discussion? MR. CHUNG: Yeah. CHR. KANUHA: Mr. Chung. MR. CHUNG: Real quick. Just coincidentally I met with both Flint Hughes from the federal side, and Springer Kay from the UH. Both of them are the faces of this whole albizia control program. They were so appreciative of the grant made by Mr. Ilagan that s going to make a substantial impact in controlling the albizia problem. So I just wanted to give kudos to Mr. Ilagan in that regard. CHR. KANUHA: Thank you, Mr. Chung. Any other discussion? Hearing or seeing none, all in favor say aye. Vote on Res. 16-14: Ms. Poindexter moved to adopt Res. 16-14 Seconded by (Adopted) 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. CHR. KANUHA: Resolution 16-14 is approved. Resolution 17-14, Mr. Clerk? Page 62 -2 December 17, 2014 Res. 17-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A Transfers/appropriates $1,900 out and from the Clerk-Council Services Contingency Relief account (Council District 7); and credits the same to the - Animal Control Humane Society, Miscellaneous Contract Services account (HIHS-Animal Community Center). Reference: Comm. 6 Intr. by: Mr. Kanuha Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 17-14. Seconded by Ms. Poindexter. CHR. KANUHA: Any discussion? Just real quickly, this is my resolution. I urge everyone to support your local Humane Society. Hearing or seeing no other discussion, all in favor say Vote on Res. 17-14: Ms. Poindexter moved to adopt Res. 17-14 Seconded by (Adopted) 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. CHR. KANUHA: Resolution 17-14 is approved. Mr. Clerk, Resolution 18-14. Page 63 -2 December 17, 2014 Res. 18-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE RESTORATION AND CHERRY BLOSSOM TREE BEAUTIFICATION PROJECT Transfers/appropriates $5,000 out and from the Clerk-Council Services Contingency Relief account (Council District 9); and credits the same to the Reference: Comm. 7 Intr. by: Ms. Wille Waived: FC Motion to Approve: Ms. Wille moved to adopt Res. 18-14. Seconded by Mr. Ilagan. CHR. KANUHA: Ms. Wille, you have the floor. MS. WILLE: Okay, and just quickly. I think you heard Mr. Hendricks this morning talk about that we haves really right now a dearth of any park space in Waimea considering the population. This will open up two soccer fields, and more play area. But s also the Cherry Blossom Festival is sm really working on short term, and long term, and building up more relationship with Japan, and Waimea, and the close connection there. I have m taking care of, and replanting that are going to go in. But rs like the rotary, and the YMCA, and the kids that are working on it are willing to come help. So s a lot of community energies. So just thank you, and I urge your support. CHR. KANUHA: Thank you, Ms. Wille. Any other discussion? Hearing or seeing none, all in favor say aye. Vote on Res. 18-14: Ms. Poindexter moved to adopt Res. 18-14 Seconded by (Adopted) 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. CHR. KANUHA: Resolution 18-14 passes. Resolution 20-14. Page 64 -2 December 17, 2014 Res. 20-14: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE COPY MACHINE FOR THE DEPARTMENT OF PUBLIC WORKS Authorizes the Mayor to enter into a five-year lease agreement at an approximate cost of $155 per month. Reference: Comm. 18 Intr. by: Ms. Eoff Waived: FC Vote on Res. 20-14: Ms. Eoff moved to adopt Res. 20-14. Seconded by (Adopted) Mr. Ilagan 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. CHR. KANUHA: Resolution 20-14 is approved. Next, Mr. Clerk. Res. 23-14: PROMOTES AGRICULTURAL SUSTAINABILITY BY NAMING 2015 AS Encourages residents to emphasize and maximize composting during 2015. Reference: Comm. 22 Intr. by: Ms. Wille Waived: AWESC Motion to Approve: Ms. Wille moved to adopt Res. 23-14. Seconded by Mr. Paleka. CHR. KANUHA: Mr. PalekaMs. Wille, you have the floor. MS. WILLE: Okay. So ve been doing these sustainability resolutions. t know whether any of you have read that, the bulletin on improving value in agriculture. But I took a lot of the ideas from that, and how we sort of build support, and collective support. This is really one of them. Let me just say, I just heard this week that the UN (United Nations) just announced that 2015 is the year of compost. Justwho knows? I thought that was pretty neat. But anyway I didBob Shaeffer t be here. s an agronomist, and just sort of talking about, I handed out a statement here, and great if you could read Page 65 -2 December 17, 2014 it. This is helpful. s also, like this will help grants. A lot of different issues, and just sort of makire soil needy, and the compost, and what we can do for ourselves. Plus one thing that really, I had never known is that compost really pulls the carbon from the air. goings making the climate healthier, and not just losing it. So I just thought s also fun, and something good to do. Okay, so, I ask for your support. CHR. KANUHA: Thank you, Ms. Wille. Ms. Poindexter and then Mr. Paleka. MS. POINDEXTER: Yeah. I just want to definitely say, I support this. Just went to Plo School, doing that gardening project, but they already doing composting, which is a wonderful thing. s perfect for 2015 because re going to be, hopefully having this huge community kua, because s going to be composting done. Im sure you heard of that project, Ohanasphere, and which is a progrs food, and greenwaste. So s going to be a huge project done down at the Haina Mill. Hai County. So thank you for bringing this, perfect timing. Thank you. CHR. KANUHA: Thank you, Ms. Poindexter. Mr. Paleka. MR. PALEKA: No, I just wanted to say I really support this measure, Margaret. I think I have the biggest compost pile out of all of us. I have about five tons, yeah. I just made some laulau from compost and I use compost. But, I really support this matter. MR. PALEKA: Thank you. MS. WILLE: Okay, thanks. CHR. KANUHA: Ms. Eoff. MS. EOFF: I just wanted to thank Ms. Wille, also for always being diligent with her ag improvement initiatives. Healthy soil is the basis for disease resistant crops. So I support this. CHR. KANUHA: Thank you, Ms. Eoff. Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chair. So Council Member Wille, are you going to do the year of the mulch next year, and the next, next year. You definitely got my support. CHR. KANUHA: Thank you, Mr. Ilagan. Ms. David. Page 66 -2 December 17, 2014 MS DAVID: Mahalo, Margaret. I really thank you for bringing this forward. Thanks for all you do, too. Aloha. CHR. KANUHA: Thank you. Any other discussion? Ms. Wille got enough thanks already, so m not going to thank her. But. Any other discussion? Hearing or seeing none, all in favor say aye. Vote on Res. 23-14: Ms. Eoff moved to adopt Res. 23-14. Seconded by (Adopted) Mr. Ilagan 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. Vote on Motion Mr. Wille moved to suspend Council Rule 15, to waive to Suspend 5-day holdover for reconsideration of Res. 23-14. Council Rules: Seconded by Ms. Poindexter and carried by the following (Approved) 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. CHR. KANUHA: Resolution 23-14 will be waived from the five-day holdover. Okay. On to Bills for Ordinances, First Reading, Mr. Clerk. BILLS FOR The Chair directed the Council to proceed to the next order of business, ORDINANCES Bills for Ordinances (First Reading). (FIRST READING): (Note: Items in this category were taken up previously, out of order.) Page 67 -2 December 17, 2014 Bill 320: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING (Draft 2) (2012-2014) HOUSING FUND, FOR THE FISCAL YEAR ENDING JUNE 30, 2015 Appropriates revenues in the Fund Balance From Previous Year account ($62,000); and appropriates the same to the Office of Housing - Other Current Expenses account. Funds would be used to implement the Resources Match software program, which facilitates the intake, screening, and referral process to connect low-income people to different government programs, community-level services, and financial products. Reference: Comm. 1149.3 Intr. by: Ms. Poindexter Approve: FC-207 Motion to Approve: Ms. Poindexter moved to pass Bill 320 on first reading and adopt Finance Committee Report No. 207. Seconded by Mr. Paleka. CHR. KANUHA: Ms. Poindexter, you haveokay, any other discussion? I would state that Mr. Arnett was here for this bill at around 4:00 m assuming. But just wanted to put that on the record. Seeing no other discussion, all in favor say aye Vote on Bill 320: The motion to pass Bill 320, Draft 2, on first reading and (2012-2014) adopt Finance Committee Report No. 207 was carried by (Approved) 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. CHR. KANUHA: Bill 320, Draft 2, moves to second and final reading. Bill 323. Page 68 -2 December 17, 2014 Bill 323: AMENDS ORDINANCE NO. 14-82, AS AMENDED, RELATING TO PUBLIC (2012-2014) IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2014, TO JUNE 30, 2015 Adds the - West be provided from General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources. Funds would be used to plan and construct an Civic Center. Reference: Comm. 1155 Intr. by: Ms. Poindexter Approve: FC-208 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10- County Charter Vote on Bill 323: Ms. Poindexter moved to pass Bill 323 on first reading (Approved) and adopt Finance Committee Report No. 208. Seconded by Ms. Eoff 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. CHR. KANUHA: Bill 323 moves to second and final reading with eight ayes. Bill 324. Bill 324: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-280, (2012-2014) AS AMENDED), RELATING TO NO PARKING AT ANY TIME Amends Subsection (c), South Hilo, to revise existing locations on Lanikaula Street and also adds a portion of Kumukoa Street. Reference: Comm. 1160 Intr. by: Mr. Kanuha (B/R) Approve: PWPRC-93 Page 69 -2 December 17, 2014 Vote on Bill 324: Ms. Eoff moved to pass Bill 324 on first reading and adopt (Approved) Public Works and Parks and Recreation Committee Report No. 93. Seconded by Ms. Poindexter 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. CHR. KANUHA: Bill 324 moves to second and final reading with eight ayes. Bill 5. Bill 5: AMENDS ORDINANCE NO. 14-82, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE JULY Adds the Public Works Manono Street Improvements Federal project for $2 million and the Public Works Manono Street Improvements County project for $500,000 to the Capital Budget. Funds for the projects shall be provided from Federal Grants Receivable ($2 million) and General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources ($500,000). Funds would be ffic, pedestrian, Americans with Disabilities Act accommodations, and bicycle circulation in the area, and to improve drainage. Reference: Comm. 19 Intr. by: Ms. Eoff Waived: FC Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10- County Charter Motion to Approve: Ms. Eoff moved to pass Bill 5 on first reading. Seconded by Ms. Poindexter. CHR. KANUHA: Any discussion? MS. EOFF: Mr. Chair? CHR. KANUHA: Ms. Eoff. MS. EOFF: I just wanted to mention that $2 million is funded federally, and $500,000 is the Cs. Page 70 -2 December 17, 2014 CHR. KANUHA: Thank you, very much. Any other discussion? Hearing or seeing none, all in favor say Vote on Bill 5: The motion to pass Bill 5 on first reading was carried by (Approved) 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. CHR. KANUHA: Bill 5 moves to second and final reading. Now Mr. Clerk, on to second and final reading, Bill 303. ORDER OF THE The Chair directed the Council to proceed to the next order of business, Order of DAY (SECOND the Day. OR FINAL READING: (Note: Items in this category were taken up previously, out of order.) Bill 303: AMENDS SECTION 25-8- (2012-2014) CHAPTER (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL 15,000 SQUARE FEET (RS-15) TO VILLAGE COMMERCIAL 10,000 SQUARE FEET (CV-10) AT KEY: 1-5-014:005 (Applicant: Paul Ogasawara) (Area: Approx. 42,856 square feet) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to construct a commercial 7,500 square feet. Reference: Comm. 1094 Intr. by: Mr. Kern (B/R) First Reading: November 19, 2014 Page 71 -2 December 17, 2014 Vote on Bill 303: Mr. Paleka moved to pass Bill 303 on second and final (Adopted) reading. Seconded by Mr. Ilagan 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. CHR. KANUHA: Bill 303 is adopted with eight ayes. Mr. Clerk, Bill 304. Bill 304: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, (2012-2014) (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL ONE ACRE (A-1a) TO NEIGHBORHOOD COMMERCIAL 20,000 SQUARE FEET (CN-20) AT PONAHAWAI, SOUTH -3-037:012 (Applicant: David and Brenda Camacho) (Area: Approx. 1.02 acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to develop medical offices on the property. Reference: Comm. 1095 Intr. by: Mr. Kern (B/R) First Reading: November 19, 2014 Vote on Bill 304: Ms. David moved to pass Bill 304 on second and final (Adopted) reading. Seconded by Mr. Ilagan 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. CHR. KANUHA: Bill 304 is adopted with eight ayes, Mr. Clerk, Bill 305. Page 72 -2 December 17, 2014 Bill 305: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-279, (2012-2014) AS AMENDED), RELATING TO PARKING ON PAVEMENT PROHIBITED AT ALL TIMES Adds Marlin Road and Ono Road to Subsection (f), Kona. Reference: Comm. 1101 Intr. by: Mr. Kanuha (B/R) First Reading: November 19, 2014 Vote on Bill 305: Ms. David moved to pass Bill 305 on second and final (Adopted) reading. Seconded by Mr. Ilagan 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. CHR. KANUHA: Bill 305 is adopted. Bill 306, Mr. Clerk. Bill 306: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 3, SECTION 24-275, (2012-2014) AMENDED), RELATING TO BUS STOPS AND PUBLIC ROAD TAXI STANDS Amends Subsection (c), South Hilo, to provide a bus stop on Shipman Street from 8:00 a.m. to 12:00 p.m. on school days. Reference: Comm. 1102 Intr. by: Mr. Kanuha (B/R) First Reading: November 19, 2014 Vote on Bill 306: Mr. Paleka moved to pass Bill 306 on second and final (Adopted) reading. Seconded by Ms. Eoff 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. Page 73 -2 December 17, 2014 CHR. KANUHA: Bill 306 is adopted, Bill 307, Mr. Clerk. Bill 307: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6, SECTION 24-287, (2012-2014) AS AMENDED), RELATING TO PASSENGER LOADING ZONES Adds portion of Kamehameha Avenue to Subsection (c), South Hilo, to provide a designated loading/unloading area for the Connections Public Charter School between the hours of 6:00 a.m. and 8:00 a.m. on school days. Reference: Comm. 1103 Intr. by: Mr. Yoshimoto First Reading: November 19, 2014 Vote on Bill 307: Ms. Eoff moved to pass Bill 307 on second and final (Adopted) reading. Seconded by Ms. Poindexter 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. CHR. KANUHA: Bill 307 is adopted, Bill 308. Bill 308: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6, SECTION 24-288, (2012-2014) AS AMENDED), RELATING TO FREIGHT LOADING ZONES Hilo. Reference: Comm. 1104 Intr. by: Mr. Kanuha (B/R) First Reading: November 19, 2014 Vote on Bill 308: Mr. Paleka moved to pass Bill 308 on second and final (Adopted) reading. Seconded by Ms. Eoff 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. Page 74 -2 December 17, 2014 CHR. KANUHA: Bill 308 is adopted with eight ayes, Mr. Clerk, Bill 309. Bill 309: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6, SECTION 24-288, (2012-2014) AMENDED), RELATING TO FREIGHT LOADING ZONES Removes portion of Furneaux Lane from Subsection (c), South Hilo. Reference: Comm. 1105 Intr. by: Mr. Kanuha (B/R) First Reading: November 19, 2014 Vote on Bill 309: Ms. David moved to pass Bill 309 on second and final (Adopted) reading. Seconded by Ms. Eoff 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. CHR. KANUHA: Bill 309 is adopted with eight ayes, Bill 310. Bill 310: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6, SECTION 24-288.1, (2012-2014) AS AMENDED), RELATING TO ACTIVE LOADING AND UNLOADING ZONES Lengthens an existing loading/unloading zone on Punahoa Street; Subsection (c), South Hilo. Reference: Comm. 1106 Intr. by: Mr. Kanuha (B/R) First Reading: November 19, 2014 Page 75 -2 December 17, 2014 Vote on Bill 310: Ms. Poindexter moved to pass Bill 310 on second and final (Adopted) reading. Seconded by Ms. Eoff 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. CHR. KANUHA: Bill 310 is adopted, Mr. Clerk, Bill 321. Bill 321: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING (2012-2014) ENDING JUNE 30, 2015 Appropriates revenues in the Federal Grants - Broadband Capacity Building Pilot Program account ($188,500); and appropriates the same to the Broadband Capacity Building Pilot Program account. Funds would be used to conduct pilot projects to expand broadband Internet services to unserved and underserved areas Reference: Comm. 1151 Intr. by: Ms. Poindexter First Reading: November 19, 2014 Vote on Bill 321: Ms. Poindexter moved to pass Bill 321 on second and final (Adopted) reading. Seconded by Ms. David 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. CHR. KANUHA: Bill 321 is adopted. Bill 322. Page 76 -2 December 17, 2014 Bill 322: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING (2012-2014) ENDING JUNE 30, 2015 Appropriates revenues in the Federal Grants - Program account ($40,000); and appropriates the sam Assessment Program account. Funds would be used to conduct a community Reference: Comm. 1152 Intr. by: Ms. Poindexter First Reading: November 19, 2014 Vote on Bill 322: Ms. Poindexter moved to pass Bill 322 on second and final (Adopted) reading. Seconded by Ms. David 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. CHR. KANUHA: Bill 322 is adopted. Before we go, I want to check with staff t miss anything. All good? REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. (There were none.) REFERRALS FOR (Items in this category were taken up previously, out of order.) EXECUTIVE SESSION: OTHER The Chair directed the Council to proceed to the next order of business, BUSINESS: Other Business. (There was none.) ANNOUNCE-The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) ADJOURNMENT: There being no further business, at 8:08 p.m. Ms. Poindexter moved to adjourn Page 77 Hawai`i County Council-2 December 17,2014 the meeting. Seconded by Ms. Eoff 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. CHR.KANUHA: We are adjourned. Thank you, guys. SEP 202017 Council Approval: lo ji CO r TY CLERK SM/j a/rk Page 78