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Home My WebLink AboutMIN COUNCIL 2016/04/06 2014-2016 Hawaiʻi County Council th 37 Session Hawaiʻi County Council 25 Aupuni Street Hilo, Hawaiʻi April 6, 2016 INVOCATION: Reverend Tag Taggart of the Center for Spiritual Living gave the morning’s invocation. CALL TO The regular meeting of the Hawaiʻi County Council was called to order at ORDER: 9:03 a.m., in the Council Chambers, Hilo, by Mr. Dru Mamo Kanuha, Chair. ROLL CALL: Present: Mr. Dru Mamo Kanuha, Chair Mr. Aaron Chung, Member Ms. Maile “Medeiros” David, Member Ms. Karen Eoff, Member Mr. Greggor Ilagan, Member Mr. Dennis “Fresh” Onishi, Member Mr. Danny Paleka, Member Ms. Margaret Wille, Member Absent & Excised: Ms. Valerie T. Poindexter, Vice Chair PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, Kaleo Nahenahe Miyasaki, and Joyden Madriaga of the Eagle Scouts led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, MEMORIALS, Petitions, Memorials, Certificates of Merit, and Expressions of CERTIFICATES Condolence. OF MERIT, AND EXPRESSION OF (Note: At this time, Council Member Chung presented a Certificate of CONDOLENCE: Merit to Kaleo Nahenahe Miyasaki and Joyden Madriaga in recognition of obtaining the rank of Eagle Scout. Recess: At 9:23 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:32 a.m. Hawaiʻi County Council-37 April 6, 2016 CHR. KANUHA: Okay, we’re coming out of recess and moving on with the agenda. Mahalo, Mr. Chung for that good certificates. Next up, we’re taking Statements from the Public on Agenda Items; I know we have several here in Hilo. STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Marlene Murray: Res. 477-16 (Comm. 799), in support. (representing Pacific Tsunami Museum) Nancy Jo Moses: Res. 456-16 (Comm. 768); (representing Res. 461-16 (Comm. 774; and Self-Discovery through Art) Res. 468-16 (Comm. 781), comment. Dr. Clifford Kopf: Bill 157 (Comm. 712), in opposition. Katherine Werner: Res. 441-16 (Comm. 741), in support. (representing North Hawaiʻi Hospice) Pearl Nakamura: Res. 478-16 (Comm. 800), in support. (representing Child and Family Service) Leinaʻala Launiu: Res. 478-16 (Comm. 800), in support. (representing Child and Family Service) Kehaunani Masaki: Res. 478-16 (Comm. 800), in support. (representing Kamauloa Church) Deborah Warren: Res. 478-16 (Comm. 800), in support. (representing Kamauloa Church) Joe Pierce: Res. 432-16 (Comm. 729); Res. 440-16 (Comm. 739; Res. 442-16 (Comm. 742); Res. 443-16 (Comm. 743); Page 2 Hawaiʻi County Council-37 April 6, 2016 Res. 444-16 (Comm. 744); Res. 447-16 (Comm. 747); Res. 450-16 (Comm. 752); Res. 456-16 (Comm. 768); Res. 471-16 (Comm. 785); Bill 149 (Comm. 692); Bill 159 (Comm. 730); Bill 161 (Comm. 732); Bill 173 (Comm. 788); and Bill 178 (Comm. 793), comment. Due to technical difficulties, the following were unable to testify: Sherri Carden: Bill 146 (Comm. 688), in support. Joyce Alberta Jolena: Bill 101, Draft 2 (Comm. 494.9), in support. Gregory T. Smith: Bill 101, Draft 2 (Comm. 494.9), in support. CHR. KANUHA: Okay. Anybody else wishing to testify? Please let me know at this time, here in Hilo or in any other videoconference site. Okay, I will close public testimony and move on with the agenda. MR. ONISHI: Mr. Chair, before we move on, I think we all got a gift from Council Member Chung, and so I think maybe he should at least explain what this is because some of you folks might not know what it is. And so, if you maybe can give him a couple of minutes. CHR. KANUHA: Sure. Mr. Chung, put you on the spot but I just saw that, too. MR. CHUNG: Sorry, I promised you I wasn’t going to talk after taking up all that time with the Eagle Scout. I just came back from a trip from Japan, a vacation, and I thought of you guys. During the course of this trip out of Osaka, I also went to visit one of our sister cities, as I normally do whenever I go to Japan, at least to let them know that we’re still around, not on the County’s dime or anything like that. But I’ve made a lot of friends over the years and it’s always good to know that we continue to support them, even if it’s not an official trip. Now this thing that I gave you is what they call an omamori, a good-luck charm. People in the Buddhist community, they are very familiar with this, but this one is very special because it is from a place called Koyasan. It’s about an hour and a half outside of either Kyoto or Osaka, wherever you choose to go from, and from all account, well at least from some accounts, this is probably the most sacred place in all of Japan, even more sacred than Mt. Fuji. And it is the home to a Page 3 Hawaiʻi County Council-37 April 6, 2016 certain Buddhist Sect, but they invite a lot of different religions to go and practice on that mountain. So this is a very special omamori. It’s not a best looking thing because you have these really bright colored ones that are for fertility, and you guys didn’t need that kind of stuff, right? But this is just a general good-luck charm, but it’s also—there was also an added blessing for wisdom and I had to ask the person who was with us if they could explain to the priest over there what I was looking for. So this is a general good-luck charm but also with something that is wishing all of you, and us, wisdom in everything we do. I gave Fresh a special one. His is a little bit different, it’s a little bit nicer in color—that’s for fertility. He’s going to be an outgoing member of this Council. It’s just for a good send off as well as for good luck. But I really wanted to wish all of you the best and I was thinking of you. And there’s one more thing I also brought, it was a Kit Kat. And as you guys may or may not know, in Japan, they have different Kit Kats. They have different flavored Kit Kats, not just chocolate. They have sake, which is the rage now. This one is a raspberry one, but they have different ones from different areas of Japan, so I just brought one for you guys. MR. ONISHI: Except for me. MR. CHUNG: Yeah, I miscounted. Thank you for the opportunity. CHR. KANUHA: Thank you, I really appreciate it. Mahalo for that, that’s really special. Thank you, Mr. Chung. Okay. Moving on with the agenda, we have Approval of Minutes. APPROVAL The Acting Chair directed the Council to proceed to the next order of business, OF MINUTES: Approval of Minutes. Vote on Approval of Ms. Eoff moved to approve the Minutes of September 17, Minutes: 2014 and October 1, 2014. Seconded by Ms. David and (Approved) carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. Noes: None. Absent: Council Member Poindexter - 1. Excused: None. CHR. KANUHA: Motion passes. Council Members, I do have several items that I want to take out of order. I know there are a lot of folks here, we have a huge Page 4 Hawaiʻi County Council-37 April 6, 2016 agenda. Those of you who did testify, I want to make sure that we can get through those items as well. I see Chief Rosario then here are two for a few items, but if we could go down the line, maybe we’ll start with resolution—closer to the top, Resolution—we can do the Mohouli Senior phase, Resolution 428. Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following items were taken out of order. Res. 428-16: ACCEPTS A BILL OF SALE FOR ROADWAY IMPROVEMENTS INSTALLED ON TAX MAP KEY: 2-4-001:178 FOR MOHOULI SENIOR PHASE 1, DISTRICT OF HILO, ISLAND AND COUNTY OF HAWAI‘I, STATE OF HAWAI‘I, FROM MOHOULI SENIOR PHASE 1 LLLP, A HAWAI‘I LIMITED LIABILITY LIMITED PARTNERSHIP Transfers control and ownership of roadway improvements on the property to the County. Reference: Comm. 724 Intr. by: Ms. Poindexter Approve: PWPRC-35 Vote on Res. 428-16: Mr. Paleka moved to adopt Res. 428-16 and Public Works (Adopted) and Parks and Recreation Report No. 35. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. Noes: None. Absent: Council Member Poindexter – 1. Excused: None. CHR. KANUHA: Mr. Clerk, can we go down to, I don’t know what page it is, but Resolution 478? It is—is that the one? Civil Defense. Res. 478-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO CHILD AND FAMILY SERVICE TO ASSIST KA MAULOA O KA MĀLAMALAMA WITH THE PURCHASE OF EMERGENCY HYGIENE ITEMS Transfers $1,000 from the Clerk-Council Services – Contingency Relief account (Council District 5); and credits to the Civil Defense Agency, Other Current Expenses account. Reference: Comm. 800 Intr. by: Mr. Paleka Page 5 Hawaiʻi County Council-37 April 6, 2016 Motion to Approve: Mr. Paleka moved to adopt Res. 478-16. Seconded by Ms. David. CHR. KANUHA: Go right ahead, Mr. Paleka. MR. PALEKA: I really don’t want to say anymore because I got too emotional when the testifiers were here, but I did want to thank them for coming this morning. If you wanted to add anything else, you’re more than welcome to add. But I did want to say mahalo very much in doing what you do and getting those items for people who really needs them, especially in time of need, that’s really important. But thank you CFS (Child and Family Service) for helping. Mahalo Miss Masaki, and the other members of the church. Thank you so much, and I do ask for your support. Mahalo. CHR. KANUHA: Thank you, Mr. Paleka. Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chair. I actually would just want to clarify some things, and I am supportive of the Resolution 478. I just want to clarify what a testifier made regarding our contingency funds. We actually pass it through a department, such as this is Civil Defense, and some other contingency funds we passed through, for example the Liquor Department, and it goes to a nonprofit. So I just want to point out and really educate the public, that we pass through a department and it goes to a nonprofit, and that’s what we do. And just like this first contingency funds, this is what is going. I just want to congratulate Council Member Paleka for identifying a need in the community and definitely fulfilling that. Thank you. CHR. KANUHA: Thank you, Mr. Ilagan, any other discussion? Hearing or seeing none, all in favor of the motion say “aye.” Vote on Res. 478-16: The motion to adopt Res. 478-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. Noes: None. Absent: Council Member Poindexter – 1. Excused: None. CHR. KANUHA: We can go one up, Resolution 477. Page 6 Hawaiʻi County Council-37 April 6, 2016 Res. 477-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE PACIFIC TSUNAMI MUSEUM FOR THE PURCHASE OF PORTABLE EXHIBIT DISPLAYS Transfers $1,000 from the Clerk-Council Services – Contingency Relief account (Council District 5); and credits to the Civil Defense Agency, Other Current Expenses account. Reference: Comm. 799 Intr. by: Mr. Paleka Motion to Approve: Mr. Paleka moved to adopt Res. 477-16. Seconded by Ms. David. CHR. KANUHA: Mr. Paleka. MR. PALEKA: I’m just asking for the support from my fellow Council Members, as explained by Marlene, who came up. Marlene, did you want to add anything else regarding the—it’s really for display—item desperately needed so they can go out among the community. And like she said, there are tsunamis that come. It’s not a matter of if, but when. So I think it’s—and it’s so important because many times because things don’t happen for a long period of time, that we become complacent and forget, and that is really important, especially for our younger kids. Because that’s the ones that got taken away from us at Laupāhoehoe and I don’t think that should ever happen again. So I just ask for your support. Thank you very much. CHR. KANUHA: Thank you, Mr. Paleka, any other discussion? Hearing or seeing none, all in favor of the motion say “aye.” Vote on Res. 477-16: The motion to adopt Res. 477-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. Noes: None. Absent: Council Member Poindexter – 1. Excused: None. CHR. KANUHA: Motion passes. Thank you. Chief Rosario, I think you’re here for 474? 474? Okay, Mr. Clerk, can we go up to 474? Page 7 Hawaiʻi County Council-37 April 6, 2016 Res. 474-16: APPROVES AND ADOPTS THE 2016 COUNTY OF HAWAI‘I ACTION PLAN FOR THE COUNTY OF HAWAI‘I COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND AUTHORIZES THE MAYOR OF THE COUNTY OF HAWAI‘I TO EXECUTE AND SUBMIT THE ACTION PLAN AND ALL OTHER RELATED DOCUMENTS TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) The County’s Office of Housing and Community Development anticipates a CDBG allocation of $2,491,306 from HUD and program income of $133,592.04, for a total of $2,624,898.04 of CDBG funds for Program Year 2016. Funds would be used towards projects that benefit persons of low and moderate income throughout Hawai‘i Island. Reference: Comm. 790 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 474-16. Seconded by Ms. David. CHR. KANUHA: Discussion, Council Members. We have Susan Akiyama from the Housing as well here. Ms. Wille. MS. WILLE: Yes, Susan, can you come forward? (Note: At this time, Housing Administrator Susan Akiyama came forward to address the members of the Council.) MS. WILLE: We get it that this is to help those in need, but if you could just expand and explain what your goal here is and how the funds will be used. MS. AKIYAMA: Okay, well first, let me say that this is an annual grant that we receive every year, approximately 2.5, you’ve been provided with the actual numbers that we’re going to be receiving this year. This annual action plan delineates the projects that we have selected and are proposing to fund for this 2016 program year. I do have representatives from the projects that we are awarding here in the room today, so if you have specific questions to any of the projects that we’re proposing— MS. WILLE: Can you invite them up and just let them each introduce themselves and say where their project is? MS. AKIYAMA: Okay. Sure. Why don’t I just call? Okay, so I have Keith Kato here from the Hawaiʻi Island Community Development Corporation. Page 8 Hawaiʻi County Council-37 April 6, 2016 Point of Order MR. ILAGAN: Point of order. Mr. Chairman, I just want to state that if you look at the back of the resolution, it has the list of projects. It’s going to definitely be lengthy if we go through each project. Maybe my point of order is that a Council Member might have a particular question on a project and just address that. I mean it would be nice to know each one, but— CHR. KANUHA: Thank you. MS. WILLE: Okay, I would like to—I think we know Keith Kato, but I just thought—I would like the others who are not here, who have sat here for the last week to introduce yourselves and at least say where you’re from and what project it is. CHR. KANUHA: Yeah, I think that’s appropriate. MS. WILLE: Come on up. (Note: At this time, Amy Peterson and Monika Mordasini came forward to address the members of the Council.) MS. WILLE: Okay, so if you could introduce yourselves and just—no more than a minute. MS. PETERSON: Amy Peterson with Better Tomorrows and Kamakana Housing in North Kona. MS. MORDASINI: Hi, I’m Monika Mordasini with the Michaels Development Company. So we’re part of the Michaels team that’s developing Kamakana Senior, which is an 85 unit affordable senior housing development as well as Kamakana Family, which will be an 85-unit affordable family development. MS. WILLE: Where’s that located? MS. MORDASINI: It’s in Kailua-Kona. MS. WILLE: Okay thanks. (Note: At this time, Brandi Menino and Zavi Brees-Saunders came forward to address the members of the Council.) MS. MENINO: Good morning, Brandi Menino, CEO (Chief Executive Officer) of Hope Services Hawaiʻi. We’re requesting funds to purchase two vehicles for a mobile outreach team. It would be utilized island-wide. MS. WILLE: For mobile assistance. Okay. Page 9 Hawaiʻi County Council-37 April 6, 2016 MS. MENINO: To outreach and engage those who are homeless, living on the streets. MS. WILLE: Thank you. MS. MENINO: You’re welcome. MS. BREES-SAUNDERS: Good morning, I’m Zavi Brees-Saunders. I am with the Boys and Girls Club of the Big Island. We’re seeking support for a security fence to surround our 15-acre Hilo campus, where over the past few years we’ve seen an escalating amount of vandalism and other activities happening off hours and on weekends on the property, creating an unsafe environment for the youth that are coming there every day. So we appreciate support for making that a safer environment with the fencing for that property. Thank you. MS. WILLE: Thank you very much for attending. CHR. KANUHA: Thank you, Ms. Wille. Make sure your microphone is on, you still have the floor. MS. WILLE: So Susan, is there any last comment you’d like to make? MS. AKIYAMA: A couple of other projects, so the Office of Housing runs the Emergency Repair Program, so that is also being funded through this year’s grant. Fire Chief is here for the funding of a fire truck, so if you have any questions about that. MS. WILLE: I can ask that separate. Thank you, I’m good. CHR. KANUHA: Thanks Ms. Wille. Ms. Eoff. MS. EOFF: I just wanted to say thank you to Susan Akiyama and the department for utilizing these block grant monies and for reaching out into our community to work with the nonprofits that are so helpful and engaged in their specific programs. But to coordinate this, I think it really deserves a big mahalo and I think you do a wonderful job. MS. AKIYAMA: Thank you. MS. EOFF: Thank you very much. CHR. KANUHA: Thank you, Ms. Eoff. Mr. Onishi. MR. ONISHI: Thank you, Mr. Chair. I have two questions, Susan, one for Keith and then one for the Boys and Girls Club. Maybe with Keith’s one first, so Page 10 Hawaiʻi County Council-37 April 6, 2016 with this funds that’s going to be allocated to them, this is part of that $1 million that you folks were talking to the Legislature about this past session? (Note: At this time, Executive Director of Hawaiʻi Island Community Development Corporation Keith Kato came forward to address the members of the Council.) MR. KATO: Yes. MR. ONISHI: Okay, so we already had the other like $500,000? MR. KATO: My understanding is it’s going to be transferred from a prior year’s allocation and that others are still processing the paperwork on that. MR. ONISHI: We will have that $1 million for this year? MR. KATO: That’s correct. MR. ONISHI: Because I did, this past weekend, met with Senator Dela Cruz and Senator Kidani, they came over for the Merrie Monarch and we talked about getting that $500,000 for the grant-in-aid. I took them to the site to go look at where it’s going to be and so forth. We’re hoping that—well I hope their promise comes through and they’re going to get us, on the Senate, the $250,000 of the $500,000. And I’m telling them that if we can get the whole thing, then the matching would come from Weinberg, correct? MR. KATO: Yes. MR. ONISHI: Okay. So this is not an extra—it’s a part of that $1 million that you guys are talking about? MR. KATO: Right, this is part of that. MR. ONISHI: Okay, thank you. And for the Boys and Girls Club, if you can come up. (Note: At this time, Zavi Brees-Saunders of the Boys and Girls Club came forward to address the members of the Council.) MR. ONISHI: I know in the past, and I don’t know if you were there at that time, but CDBG or County Housing, they had given money for the renovations of the bathrooms and the concession in the back. MS. BREES-SAUNDERS: Yes, we actually have a new construction of a kitchen and bathroom that has been completed recently. Page 11 Hawaiʻi County Council-37 April 6, 2016 MR. ONISHI: Yeah. Okay. But my understanding is—but there’s no activities happening on those ball fields, is that correct? MS. BREES-SAUNDERS: No, that is not correct. MR. ONISHI: What is happening? MS. BREES-SAUNDERS: We have Boys and Girls Club team practices that take place on the ball fields. They’re also available for usage by others. If interested, we have a usage agreement. MR. ONISHI: So in the past, I know the Pony League used to have all their games up there. What I understand now, they don’t have their games up there. MS. BREES-SAUNDERS: No, they don’t, they’ve opted to go with other facilities. MR. ONISHI: All right. And to my understanding was that because of, I guess miscommunications or whatever within the club, but—so that facility that was used by the CDBG money to renovate that place is not being used right now, except for the restrooms? MS. BREES-SAUNDERS: No, the kitchen was completed, the final completion just took place in January and the primary purpose of that kitchen is to feed kids. It is not a baseball concession. The purpose for that is meals—is preparation for meals for kids and the youth development culinary arts training for the youth. And that is its purpose and use. MR. ONISHI: Okay, because way back, if I’m not mistaken, and Sue, I don’t know if you were the administrator at the time when the funds were—but you were with CDBG anyway, but to my understanding, the funds were going to be used to help, I guess, make that facility up to par so when they do have their games, they would be able to serve—it would be like a concession stand there. Because that’s what it was way before, a concession stand, with the restrooms, which was like kind of not up to par, right? So the money, that’s what my understanding was to be used for because of the activities that were happening at that field. MS. AKIYAMA: Zavi, if you allow me. My understanding is that the building of the kitchen was to allow for activities on both sides, to utilize for the kids who are at the facility and for whatever ball park type activities that there are. MR. ONISHI: But the funny part, if you know that location, the way that facility is, it’s so far away from where the center is, so if it was more for the kids or for Page 12 Hawaiʻi County Council-37 April 6, 2016 the facility of the users, then it would make more sense to have built the kitchen in the main building instead of having it so far away. MS. AKIYAMA: I think the intention was so that it could be a dual use situation. Zavi, you can kind of confirm, but all of the area within the existing facility is being utilized for other activities, so it just made sense to do the kitchen there where it could be utilized for ball park activities as well. MR. ONISHI: And like I said, I thought the intention was basically was because of the activities at the park, right? And then—because that was the old concession stand area, right? And it was kind of run down, the bathrooms were all run down and wasn’t ADA (Americans with Disabilities Act), so that’s why the CDBG funds went to go and upgrade that place, right? And so—but now, hearing that there’s no activities there on the weekends, where there used to have every weekend, and to have that funds being spent there and now, it’s not going to really be utilized. I think now we’re looking at doing a fence area, I mean— and this is for the whole area like along the Veterans Cemetery coming down and then also on the down side, and all the way to the front? MS. BREES-SAUNDERS: Yes. MR. ONISHI: Okay. MS. BREES-SAUNDERS: And absolutely, the kitchen is designed for dual usage, but we do have 120 youth coming every day after school, that is our initial, primary purpose. We do have a facility usage agreement for that whole property and the different parts of it that make it available to outside entities like the Pony League. They have elected not to hold their league there. That was a choice on their part, not the Boys and Girls Club stopping that. We do have a fair and transparent facility usage agreement that’s available for review by anyone who comes in inquiring about usage of any of our spaces. The kitchen itself is not operational yet, the final construction finished very recently and we’re still in the opening phase with the soft items that need to be in place to make it operational. It’s brand new, we have not opened it for use yet. MR. ONISHI: Okay, thank you. Susan, so my next question is so this funding that was given to the Boys and Girls Club for that renovations, it’s a while back, right? MS. AKIYAMA: For the kitchen? MR. ONISHI: Yeah, for that whole concession area. We’re talking about four years, right? MS. BREES-SAUNDERS: No. Page 13 Hawaiʻi County Council-37 April 6, 2016 MS. AKIYAMA: I think it was like 2013 or 2014. MS. BREES-SAUNDERS: There were two phases of it, but the restroom portion was first and that was five years ago. MR. ONISHI: That’s what I’m talking about. So okay, the funding for the restroom was a separate funding from the kitchen? So it wasn’t a whole lump- sum for everything? MS. AKIYAMA: No. MR. ONISHI: And so the restroom was finished when? MS. BREES-SAUNDERS: 2013. MR. ONISHI: Okay, and then now the kitchen is finished? MS. BREES-SAUNDERS: The kitchen has just been finished, but it is not open for use yet. MR. ONISHI: Okay, and then of this fencing, will there be like a gate in the front of the entrance? MS. BREES-SAUNDERS: So we’ll need to work that out also with our local law enforcement and fire to make sure it’s accessible. However, the property right now is wide open, and it’s essential for the safety of our youth that we be able to provide a safer environment. We have been finding, at least weekly, we find needles and remnants of drug use in the mornings. So we do a sweep of the property before the youth come onsite and really need some additional help in making sure that stays more secure. And as far as moving people off before the youth come, there’s a whole process that we follow internally to ensure their safety. But we do need to ensure that property remains a little more separate. MR. ONISHI: Okay. And so my last thing is if I can get the Pony League guys to come back to the table to you guys, you guys are willing to talk to them and see if they can use that facility again? MS. BREES-SAUNDERS: Absolutely. MR. ONISHI: Okay. Thank you. CHR. KANUHA: Thank you, Mr. Onishi. Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chairman. Zav, you’re good to go, I have no questions for you, other than fence those kids. Make sure they’re not going Page 14 Hawaiʻi County Council-37 April 6, 2016 anywhere. I just want to definitely state that the Director and her staff has definitely worked hard to make sure that we are right there at the 2.5. And one of the things I do want to make sure the public knows is that CDBG, I didn’t really understand it the first time I was in office, and now, it’s been three years and as a Chair of Housing, I understand really what the purpose for it. And I know there are some things I agree and actually some things I disagree And one of the things I wanted to point out is that we definitely, as a County, are very limited with some of our resources and we ask the State for funding because we need, let’s say ambulances and fire trucks. And other creative ways to get it is like from the CDBG grant. However, one of the things I do take really seriously is that the CDBG is the Community Development Block Grant. It’s for organizations in the community to receive these funds, just like what you see here, all this diversity. And I guess what I really want to point out, and I’m sure the Fire Chief is going to give this strong justification, is when the County does accept some of the CDBG money, I want to make sure it’s really for good reasons because it’s money that is taken away from other community organizations. And I was just hoping to bring the Chief up and be able to really give a great explanation of why we need this fire truck over at Pāhala. (Note: At this time, Fire Chief Darren Rosario came forward to address the members of the Council.) MR. ROSARIO: Thank you. Fire Chief Darren Rosario. Excellent question. The CDBG—the whole grant program, if you look at one of the specific areas of—the grant program deals with public safety entities and the protection of the structures within the community that is viable to the livelihood and the success of the community. So we put in an application under that section of the CDBG Grant Program. What we put in for is a Wildland, Fire Apparatus and this is the third part where CDBG has helped the Kaū community, starting off with theʻ—one of the specific things we lacked in Kaū was wʻater supply. So CDBG allowed us to get a 2000- gallon water tanker. The next thing was accessibility. CDBG Grant Fund allowed us to get a 4X4 Brush Truck, Compressed Air Foam System Brush Truck so that we could get into our off-road areas to stop our wildland fire. So our whole project is really three piece and we’re very thankful for the Council and also Housing for assisting us with that. The last piece of our project is a Compressed Air Foam System Wildland Apparatus, which it will look like a fire truck, but its capabilities is well beyond what we have grown up to know as a fire truck. Water goes in, water comes out. But one thing with Kaū, because of the lack of water supply, is a new ʻ technology called compressed air foam system. So foam is interjected into the water with compressed air and that expands our water source three times. So the Page 15 Hawaiʻi County Council-37 April 6, 2016 water truck carries a thousand gallons of water, will be putting out about 3,000 gallons of product. Whereas in water, when you spray it, it’s pretty much goes and it’s done. With foam, it creates a blanket and we have two trucks coming out, one for Keaʻau and one for Honokaʻa, with similar capabilities that we’ll be able to show you folks at any time. But it’s a great opportunity to protect. So our main thing with this is we want to be able to protect the structures from wildland and we had several fires that went all the way up to Pāhala, even to the hospital. Because we all know Hawaiʻi County, we’re not financially as sound as many other counties, and if we lose structures within a community, it’ll take decades, if any, to rebuild those structures that are financially strapped. So that’s where we fall under the CDBG grant. MR. ILAGAN: And I’m a full advocate of what you’re doing. Don’t get my words all mixed up because I just wanted to let people know that this grant funding is definitely for the community and what you’re doing is servicing the community. I just want to definitely let the public also know that with the County taking that portion, it does take away from an organization that could have used that fund to service the community in different ways. I mean, I wouldn’t even go against this, just the fact that I’m going to need support from Pāhala in this coming time. So I just want to point out that Pāhala is definitely where I would like to see this money. I do have, if Mr. Chairman, a separate subject and I just want to briefly state, it’s regarding fire. I’ve been working with your department about one of the issues regarding taking catchment water from a resident and then be able to use that water to take care of a fire elsewhere and replenish that catchment. So all I just want to say is that I’m working with you right now to be able to make sure those water gets replenished. Because currently in our Code, there’s no policy where they don’t need to replenish it and I want to make sure that they are replenished. So I just want to point that out. The last thing and I’m good to go Chief, thank you. Last thing is the residential program improvement thing that I noticed. Could you explain a little bit more about that? MS. AKIYAMA: So the Residential Emergency Repair Program is a low- interest loan program, I think three percent up to $25,000, to allow the community to repair their homes in the sense of an emergency. So there are particular projects, I should probably call Brandi up, she can probably give you a little bit more detail about the types of projects specifically she’s been funding. But basically, that’s what it is. It’s a low-interest loan program. (Note: At this time, the Office of Housing Special Program Coordinator Brandi Ah Yo came forward to address the members of the Council.) Page 16 Hawaiʻi County Council-37 April 6, 2016 MS. AHYO: Good morning, my name is Brandi Ah Yo, I’m the Special Program Coordinator with the Office of Housing, and I basically manage the Residential Emergency Repair Program. So the types of repairs we’ve been assisting with, primarily I would say are roof repairs, water catchment repairs. Those are the main—those are I would say the—lead-based paint, to remediate the lead-based paint. MR. ILAGAN: And how low of an interest rate? MS. AHYO: It’s three percent, simple interest. MR. ILAGAN: Oh wow, and what areas have you been targeting? MS. AHYO: Basically island-wide. MR. ILAGAN: Wow. Okay. That pretty much clears up the question that I had with that. Now, actually one last thing, what’s the average on the loans? MS. AHYO: The average amount? MR. ILAGAN: Yeah. MS. AHYO: The max—they basically—the majority of my clients have borrowed the $25,000, the maximum. MR. ILAGAN: $25,000? Okay. Well thank you. My final question regarding CDBG is if an organization would like to apply for the grant, when is the earliest they would—let’s say they apply now, when would be the earliest they would receive any sort of funding? MS. AKIYAMA: The CDBG allocations usually come down, I would say, like around August or September, every year. So that’s when we would probably be contracting these particular grants that we’re asking for approval today. If there are nonprofits or organizations who are interested in the grant, I would recommend that they contact my office at any time. Come in and talk story with our specialist. I think it’s a good idea for them to understand the process, because it’s a rigorous one, know what are the eligibility criteria, things like that. We will probably be going out for the next round of funding usually around October. So October 2016, we’re going to start the process for the 2017 allocations. My staff goes out into the community and into all the districts, posts public hearings, we invite everybody to come, ask questions about the process. Applications are normally due for 2017 probably like at the beginning part of January, and we do this every year. Page 17 Hawaiʻi County Council-37 April 6, 2016 MR. ILAGAN: Okay. I just wanted to make sure it’s on the record. That way, if they happen to watch this video, they know— MS. AKIYAMA: Yes, I would encourage them to call in. MR. ILAGAN: Well thank you for your good work. MS. AKIYAMA: Thank you. CHR. KANUHA: Thank you, Mr. Ilagan. Ms. David. MS. DAVID: Mahalo, Chair. And Mr. Ilagan took my question. And basically, I got most of my answers but I was going to ask Fire Chief Rosario about the acquisition for the pumper, but you answered all my questions and I just wanted to thank you because Kaū district is really sensitive to fire. And so your ʻ community service, even though Mr. Ilagan was kind of questioning the fact that fire departments making use of a community grant, I believe you satisfied that requirement because I don’t think there’s any community nonprofit that can pretty much provide what you’re providing to the Pāhala community and the Kaū community. So I respect that and I thank you for that. And I just wanted to ʻ make that comment because he stole my question but I did want to tell you, Ms. Akiyama, I understand exactly how this, thanks to Mr. Ilagan and everybody’s comments, that this is a great program and for you and your department to coordinate and manage something like this is commendable. So thank you very much for all of your help and your work on this and also the community organizations that work with you. So I’m totally happy. Thank you, Chief. MS. AKIYAMA: Thank you. MS. DAVID: Mahalo. CHR. KANUHA: Thank you, Ms. David. Council Members, any other discussion? Thank you, Susan. Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Res. 474-16: The motion to adopt Res. 474-16 was carried by the (Approved) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. Noes: None. Absent: Council Member Poindexter – 1. Excused: None. Page 18 Hawaiʻi County Council-37 April 6, 2016 CHR. KANUHA: Motion passes. Mr. Clerk, if we can go up, we’re going to do a few more before I have to take a recess. Resolution 456. And Susan, we’ll come back to you too. I know you have a lot. Res. 456-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO SELF-DISCOVERY THROUGH ART FOR EXPENSES RELATED TO PROVIDING ART THERAPY AS A HEALTHY ALTERNATIVE Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Liquor Control, Public Programs account. Reference: Comm. 768 Intr. by: Mr. Chung Motion to Approve: Mr. Chung moved to adopt Res. 456-16. Seconded by Mr. Paleka. CHR. KANUHA: Mr. Chung, go right ahead. MR. CHUNG: Just very briefly, I’m hoping I can get the Council’s support on this measure. One of the speakers here came and was critical of this initiative saying that it—maybe it’s not the most effective way and he offered some other ideas. But my thinking is for $2,000, it’s worth the attempt. I really believe—it keeps with the theme of what Mr. Paleka has been doing, Mr. Ilagan and others over here. I’m trying to address this mental health issue and trying to get them out of the prison system, jail system, and hospitals, and trying to divert them somewhere else. Trying to help them and I just think it’s something that we should try to pursue. Ms. Moses and her friend there, Paula, I wish them all the best and I’m glad that we can help. CHR. KANUHA: Thank you, Mr. Chung. Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chairman. I feel that because of what the testifier said, I really wouldn’t have done this otherwise, but NJ, could you please come up because I don’t want that to be the last thing the public hears? I sat down with NJ and got an understanding of her program and could you explain how you integrate art to help these individuals? (Note: At this time, Nancy Jo Moses and Paula Vickery came forward to address the members of the Council.) MS. MOSES: Some people can read a book and understand some things. Some people can listen to you and understand, but some people need to get their hands Page 19 Hawaiʻi County Council-37 April 6, 2016 around whatever it is to have that concept go into their mind. When we married art with therapy, we found that people who hadn’t been able to understand before, understood what the therapist was talking about when it came to the problems at hand. Now with our program called Recovery, Resilience, and Re-creation, what we’re posing to do is to teach about the 10 resilient factors and for each one of these factors, we will have an appropriate art project for the people to produce that will be an illustration of what it is that we have been talking about. In that way, they can better understand what we’re doing. They can also have an opportunity to associate with each other and to experience something good. MR. ILAGAN: Ma’am, if you state your name and then go ahead. MS. VICKERY: Thank you, and thank you for the opportunity to be here. My name is Paula Vickery and I’m an advanced practice nurse with prescriptive authority, recently retired after 45 years of psychiatric nursing. And art as therapy, art therapy as a treatment modality has been around and has been researched, and it’s effective for all ages in all settings. And as NJ pointed out, not everyone is verbal. We learn, we absorb information in a number of different ways. Nonverbal is more powerful than verbal. Art speaks more than me talking to you. And this is a nice community venture for all people of all ages to strengthen their skills, to get support, and to learn new ideas of how to cope. We’ve all had bad things happen to us. Some people cope better than others. We all have resiliency skills, but some of those—we don’t know how to use our resources. So we’re going to help people so that they can help themselves. MR. ILAGAN: Thank you. I just felt it was important for the public to hear that because what the testifier said, I feel was a bit misplaced, and I felt that you needed a chance to explain yourself and this is why we’re here. So, thank you for that explanation, and Council Member Chung, thank you for supporting this program. CHR. KANUHA: Thank you, Mr. Ilagan. Mr. Paleka. MR. PALEKA: I would just like to add, you know, when thinking about this mental health art, if—I would venture that if Van Gogh were around today, cut off his ear, running around Hilo, we’d probably put him in jail and deprive the world of what is one of the most, to me, what is a great artist that inspired me when I went to Europe. So just think about that for a little bit. I mean thinking about this, of not letting this gift come out of individuals that, a lot of times, rest in what we don’t understand. Thank you very much, and thank you for doing what you do. CHR. KANUHA: Thank you, Mr. Paleka, any other discussion? Okay, hearing or seeing none, all in favor of approving Resolution 456 say “aye.” Page 20 Hawaiʻi County Council-37 April 6, 2016 Vote on Res. 456-16: The motion to adopt Res. 456-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. Noes: None. Absent: Council Member Poindexter – 1. Excused: None. CHR. KANUHA: Motion passes. Mr. Clerk, also, they’re here for Resolution 461. Res. 461-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO SELF-DISCOVERY THROUGH ART FOR EXPENSES RELATED TO PROVIDING ART THERAPY AS A HEALTHY ALTERNATIVE Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Liquor Control, Public Programs account. Reference: Comm. 774 Intr. by: Mr. Ilagan Motion to Approve: Mr. Ilagan moved to adopt Res. 461-16. Seconded by Mr. Paleka. CHR. KANUHA: Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chairman, I just got to say I’m thankful that I wasn’t identified on the testimony, but I am also supporting this program. It’s unfortunate that he did put us together that Mr. Chung and I are actually supporting and go get them. CHR. KANUHA: Thank you, Mr. Ilagan, any other discussion? Hearing or seeing none, all in favor say “aye.” Vote on Res. 461-16: The motion to adopt Res. 461-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. Noes: None. Absent: Council Member Poindexter – 1. Excused: None. Page 21 Hawaiʻi County Council-37 April 6, 2016 CHR. KANUHA: Motion passes. And Resolution 468. Res. 468-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO SELF-DISCOVERY THROUGH ART FOR EXPENSES RELATED TO PROVIDING MENTAL HEALTH ART THERAPY Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 5); and credits to the Liquor Control, Public Programs account. Reference: Comm. 781 Intr. by: Mr. Paleka Motion to Approve: Mr. Paleka moved to adopt Res. 468-16. Seconded by Ms. David. CHR. KANUHA: Mr. Paleka. MR. PALEKA: Just glad to be a part of this effort and hope for your support. Thank you very much, and thank you, NJ. CHR. KANUHA: Thank you, Mr. Paleka. Any other—? Hearing or seeing none, all in favor of the motion say “aye.” Vote on Res. 468-16: The motion to adopt Res. 468-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. Noes: None. Absent: Council Member Poindexter – 1. Excused: None. CHR. KANUHA: Motion passes. Thank you. I know we did the resolution earlier about the CDBG, there’s also an accompanying bill to it. Mr. Clerk, Bill 175. Page 22 Hawaiʻi County Council-37 April 6, 2016 Bill 175: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Appropriates revenues in the Federal – 2016 Block Grant account ($2,491,306) and the Block Grant – Program Income account ($133,592.04); and appropriates the same to the following accounts: Mobile Homeless Outreach Service Program – Vehicle Acquisition ($68,455), Hilo Adult Day Care – Construction ($455,429), Kamakana Villages – Family Rental Phase I – Infrastructure Improvements ($350,000), Residential Repair Program ($344,514.04), Kamakana Villages – Senior Affordable Housing – Infrastructure Improvements ($350,000), Pāhala Fire Station – Wildland Fire Pumper Apparatus ($565,000), Boys and Girls Club Facility Improvements – Fencing ($91,500), and Administration, Planning & Fair Housing ($400,000). Reference: Comm. 790 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to pass Bill 175 on first reading. Seconded by Mr. Paleka. CHR. KANUHA: Ms. Eoff. MS. EOFF: Just to say thank you again to all of you for being here today and taking time to come here. CHR. KANUHA: Thank you, Ms. Eoff, any other discussion? Hearing or seeing none, all in favor of the motion say “aye.” Vote on Bill 175: The motion to pass Bill 175 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. Noes: None. Absent: Council Member Poindexter – 1. Excused: None. CHR. KANUHA: Motion passes. Council Members, I think I need to take a 10 minute recess real quickly, and then we can get back to the agenda. So, we will be in recess for 10 minutes. Recess: At 11:02 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 11:16 a.m. Page 23 Hawaiʻi County Council-37 April 6, 2016 CHR. KANUHA: We’re going to get started. Okay, we are out of recess. Moving on with the agenda, Mr. Clerk, we’re going to take a few more out of order, if that’s okay. We have Resolution 475. Res. 475-16: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS, PURSUANT TO HAWAI‘I REVISED STATUTES SECTION 46-7, FOR A WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA) GRANT Accepts grant funds in the amount of $1,521,232 to be used by the Office of Housing and Community Development’s WIOA program to assist adults, dislocated workers, and youth to increase employment, retention, earnings, skills, and literacy. Reference: Comm. 791 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 475-16. Seconded by Ms. David. CHR. KANUHA: Ms. Eoff. MS. EOFF: Okay, well it’s my understanding that we were asked to waive this and the funds are coming from the Department of Labor so no County funds are actually involved. And Susan is still here if anybody else has questions, but it’s going to be for assisting adults, and dislocated workers, and youth with training and for employment. CHR. KANUHA: Thank you, Ms. Eoff. Council Members, any other discussion? Hearing or seeing none, all in favor of the motion say “aye.” Vote on Res. 475-16: The motion to adopt Res. 475-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. Noes: None. Absent: Council Member Poindexter – 1. Excused: None. CHR. KANUHA: Motion passes. Mr. Clerk, Resolution 480. Page 24 Hawaiʻi County Council-37 April 6, 2016 Res. 480-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO ORCHIDLAND NEIGHBORS IN SUPPORT OF A COMMUNITY CENTER IN ORCHIDLAND Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 5); and credits to the Office of Housing and Community Development, Transfer to Housing Fund account. Reference: Comm. 802 Intr. by: Mr. Paleka Motion to Approve: Me. Paleka moved to adopt Res. 480-16. Seconded by Ms. David. CHR. KANUHA: Mr. Paleka. MR. PALEKA: Yes, first of all, I’d like to thank the—we had some testifiers that I believe went out to Pāhoa, but unfortunately, our Pāhoa site is down today. And this is regarding a request for funding to help in the planning stage of a community center that is desperately needed in my district, in the Orchidland community. I want to also thank Councilman Greggor Ilagan, he’s been very helpful in getting our Orchidland community together and hopefully getting this community center up, which has been a long awaited project. But I’m just asking for your support. Thank you very much. CHR. KANUHA: Thank you, Mr. Paleka. Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chairman. I wouldn’t have done it if Council Member Paleka didn’t drag me in and made sure that it happened. But I just also want to take this opportunity because I never really got a chance to do it, is I really want to thank the Director of Housing, Ms. Akiyama because I realize we wouldn’t be able to do these contingency funds without the department’s support. So I really appreciate your help for making this happen. So, thank you. CHR. KANUHA: Thank you, Mr. Ilagan, any other discussion? Hearing or seeing none, all in favor of the motion say “aye.” Page 25 Hawaiʻi County Council-37 April 6, 2016 Vote on Res. 480-16: The motion to adopt Res. 480-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. Noes: None. Absent: Council Member Poindexter – 1. Excused: None. CHR. KANUHA: Motion passes. And Mr. Clerk, its supporting bill, Bill 177. Bill 177: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Increases revenues in the Transfer from General Fund account ($2,000); and appropriates the same to the Office of Housing, Orchidland Neighbors (Support planning and permitting costs for a community center, District 5) account. Funds would be used for a community center in Orchidland. Reference: Comm. 792 Intr. by: Ms. Eoff Waived: FC Vote on Bill 177: Ms. Eoff moved to pass Bill 177 on first reading. (Approved) Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. Noes: None. Absent: Council Member Poindexter – 1. Excused: None. CHR. KANUHA: Motion passes. Mr. Clerk, if we could back to first reading, Bill 170. Page 26 Hawaiʻi County Council-37 April 6, 2016 Bill 170: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Increases revenues in the Federal Grants - Housing Choice Voucher Program account ($200,000); and appropriates the same to the Voucher Rental Subsidies account. Funds would be used for payment of rental assistance for eligible participants in the program. Reference: Comm. 784 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to pass Bill 170 on first reading. Seconded by Mr. Paleka. CHR. KANUHA: Ms. Eoff. MS. EOFF: These are HUD (Housing and Urban Development) funds coming in for our rental assistance vouchers. CHR. KANUHA: Thank you, Ms. Eoff. Any other—? Ms. Eoff, go right ahead, you still have the floor. MS. EOFF: Thank you. Would you like to just comment briefly? (Note: At this time, the Office of Housing Division Manager Sharon Hirota came forward to address the members of the Council.) MS. HIROTA: Sure. Good morning, my name is Sharon Hirota, I’m the Division Manager for the existing Housing Division. We were here few weeks ago asking for appropriations. We just got our additional funding coming in from the US Department of Housing and Urban Development in the amount of $200,000 that will be used to provide additional—to allow us to ramp up our rental assistance program here on the island. MS. EOFF: Thank you for working with HUD and being successful. CHR. KANUHA: Thank you, Ms. Eoff, any other discussion? Hearing or seeing none, all in favor of the motion say “aye.” Page 27 Hawaiʻi County Council-37 April 6, 2016 Vote on Bill 170: The motion to pass Bill 170 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. Noes: None. Absent: Council Member Poindexter – 1. Excused: None. CHR. KANUHA: Motion passes. Mr. Clerk, Bill 176. Bill 176: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Increases revenues in the Federal Grants – Workforce Innovation & Opportunity Act (WIOA) account ($1,521,232); and appropriates the same to the following WIOA accounts: Administration Planning 2016-17 ($152,121), Adult Program 2016-17 ($495,316), Dislocated Worker Program 2016-17 ($405,276), and Youth Program 2016-17 ($468,519). Reference: Comm. 791 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to pass Bill 176 on first reading. Seconded by Ms. David. CHR. KANUHA: Ms. Eoff. MS. EOFF: This is a companion to the resolution, so no discussion on my part. CHR. KANUHA: Thank you, Ms. Eoff, any other discussion? Hearing or seeing none, all in favor of the motion say “aye.” Vote on Bill 176: The motion to pass Bill 176 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. Noes: None. Absent: Council Member Poindexter – 1. Excused: None. CHR. KANUHA: Motion passes. Mr. Clerk, second reading, Bill 146. Page 28 Hawaiʻi County Council-37 April 6, 2016 Bill 146: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Increases revenues in the Transfer from General Fund account ($2,000); and appropriates the same to the Office of Housing, Orchidland Neighbors (Support planning and permitting costs for a community center, District 4) account. Funds would be used to pay for planning and permitting for a community center in Orchidland. Reference: Comm. 688 Intr. by: Ms. Eoff First Reading: March 16, 2016 Motion to Approve: Ms. Eoff moved to pass Bill 146 on second and final reading. Seconded by Ms. David. CHR. KANUHA: Ms. Eoff. MS. EOFF: I don’t have a comment, this was from Mr. Ilagan’s contingency relief funds. CHR. KANUHA: Thank you, Ms. Eoff, any other discussion? Hearing or seeing none, all in favor of the motion say “aye.” Vote on Bill 146: The motion to pass Bill 146 on second and final reading (Approved) was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. Noes: None. Absent: Council Member Poindexter – 1. Excused: None. CHR. KANUHA: Motion passes. And next, Bill 147. Page 29 Hawaiʻi County Council-37 April 6, 2016 Bill 147: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Increases revenues in the Transfer from General Fund account ($10,000); and appropriates the same to the Office of Housing, Mental Health Kokua (Create housing placement assistance for homeless adults, District – 7) account. Funds would be used to create a housing placement assistance program for homeless adults with mental illness. Reference: Comm. 689 Intr. by: Ms. Eoff First Reading: March 16, 2016 Motion to Approve: Ms. Eoff moved to pass Bill 147 on second and final reading. Seconded by Ms. David. CHR. KANUHA: Ms. Eoff. MS. EOFF: I believe these were also CRF (Contingency Relief Funds) funds from your contingency, Mr. Chair. So I don’t have any comment, I’m just providing the process to get your money released to the proper account. CHR. KANUHA: Thank you, Ms. Eoff, and thank you for reminding me. Any other discussion? Hearing or seeing none, all in favor of the motion say “aye.” Vote on Bill 147: The motion to pass Bill 147 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. Noes: None. Absent: Council Member Poindexter – 1. Excused: None. CHR. KANUHA: Motion passes. Okay, thank you, Ms. Akiyama. Council Members, if we can, we also have Director Leithead Todd here so if you don’t mind, we can take Bill 157. Mr. Clerk, Bill 157. Page 30 Hawaiʻi County Council-37 April 6, 2016 Bill 157: AUTHORIZES THE MAYOR OF THE COUNTY OF HAWAI‘I TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR A STATE WATER POLLUTION CONTROL REVOLVING FUND LOAN FOR SOLID WASTE PUBLIC IMPROVEMENT PROJECTS; AND AUTHORIZES THE ISSUANCE OF $6,000,000 GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAI‘I FOR THE PURPOSE OF FINANCING QUALIFIED SOLID WASTE PUBLIC IMPROVEMENTS OF THE COUNTY OF HAWAI‘I Authorizes the issuance of up to $6 million in general obligation bonds to construct the Environmental Management Kealakehe Scrap Metal Yard Remediation project, which includes excavating lead impacted soil and transporting it to the West Hawai‘i Sanitary Landfill for final disposal. This request allows the County to take advantage of the lower interest rates provided by the State Revolving Fund Loan Program. Reference: Comm. 712 Intr. by: Ms. Eoff First Reading: March 16, 2016 Motion to Approve: Ms. Eoff moved to pass Bill 157 on second and final reading. Seconded by Mr. Paleka. CHR. KANUHA: Ms. Eoff. (Note: At this time, Director of Environmental Management Bobby Jean Leithead Todd came forward to address the members of the Council.) MS. EOFF: Thank you, Director Leithead Todd for being here today. We did have some questions from the last reading, so I’ll yield and let Council Members who may have questions address those to you. CHR. KANUHA: Thank you, Ms. Eoff. Mr. Paleka. MR. PALEKA: Good morning, Director Leithead Todd. MS. LEITHEAD TODD: Good morning. MR. PALEKA: We had a concern of one of our testifiers this morning, Dr. Kopp, regarding the permitting process and if we’re in compliance with the—so if you could address that, please. MS. LEITHEAD TODD: First I’d like to introduce our Project Manager, Gene Quiamas, who is in charge of this particular project. Although well intentioned, I think Dr. Kopp isn’t aware of how DLNR (Department of Land and Natural Resources) operates, or the particular permits that govern our site. The Page 31 Hawaiʻi County Council-37 April 6, 2016 land in question is under a general lease, which was issued to the County back in 1965. As such, because it’s a lease, it comes under the Land Management Division of DLNR, who we communicate with. We became aware of the lead contamination back in about 2010 when we did some soil samples and testing. And since then, we’ve been working with both the Department of Health (DOH) as well as DLNR to—and the neighboring property, Queen Liliʻuokalani Trust, because the scrap metal pile kind of fell over and encroached on their property. So part of this project is also to clean up the contamination on the Queen Liliʻuokalani Trust properties. I didn’t make copies for you, this will be available online. This is the County’s draft environmental assessment (EA). It is already gone to OEQC (Office of Environmental Quality Control). It will be published on April eighth and as part of that process of doing the draft EA, we did pre-consultation with both neighboring property owners and various State agencies, including the Office of Hawaiian Affairs and DLNR, and Department of Health. In DLNR’s case, what we did is we sent it to their Land Management Division. They in turn send out the copy of the pre-consultation to all of their divisions, including OCCL (Office of Conservation and Coastal Lands). And then each division makes a determination on whether they want to respond to the pre-consultation letter or wait until the actual draft EA is published. We only had two divisions that responded. One was engineering, which was to confirm that this was firm X in terms of the flood zone. And then the other was the Big Island Land Management Chief, which is Gordon Height and he basically said that he was aware, but that he would wait for further comments upon publication of the environmental assessment. The reason we have to do this project is it’s a condition of our permit of operation, under the Department of Health. And we’ve been in consultation with them, I mean we had various alternatives that we looked at and after a number of consultations, the preferred alternative is basically to dig up the contaminated soil, transport it to Puʻuanahulu, which is a lined landfill, and remove all the lead contamination, which is one reason the price tag for this project kicked up. Because we had originally looked at just encapsulating the lead by basically coming in and doing an asphalt layer, but after our consultations with both DLNR and DOH, the preferred alternative is to dig up the soil, remove all the lead contamination, and then take it to Puʻuanahulu. In order to try and expedite this, what you have is multiple tracks going. We’ve got one track, where we’re already doing the draft environmental assessment and you have a consultant doing your pre-consultation. We have another track where we’re trying to get funding. The reason this is in front of you is we were unaware that the State Revolving Fund (SRF), for clean water, which we typically use for wastewater projects, would be available for this brown field clean up. And as soon as we had those conversations with the State, with their Clean Water Branch, Page 32 Hawaiʻi County Council-37 April 6, 2016 and realized that this money was available, we immediately jumped on going for the SRF funding because as you’re familiar, our most recent bond float, I think was a 2.9 or 2.8 percent interest. State Revolving Fund loans are less than one percent so it represents a substantial savings to the County. And so that’s why this is here. We’re doing everything by the book, we’re doing the consultations, and we are in touch with DLNR as well as DOH, every step of the way. And if the public has comments on this, this will be on the OEQC website on April eighth. MR. PALEKA: Thank you very much Madam Director. CHR. KANUHA: Thank you, Mr. Paleka. Ms. Wille. MS. WILLE: Thank you, Ms. Leithead Todd for being present. I think—so one of the questions was whether this six million was in addition to the previous three million, and whether the total is a total of nine, or is it a total of six? MS. LEITHEAD TODD: It’s a total of six, but as the Council is aware, once you start a project, sometimes you discover conditions that you’re unaware of, so it’s entirely possible that the price tag could go up. We’ve been assured by the State that if that is the case, there will be additional SRF funding that we can go after. And at this point, this is our best estimate based on the engineers, based on the consultants of what it would cost to remediate the site and make it safe for both the public as well as our workers. MS. WILLE: Okay, good. And so have we spent the three million or that’s after the EA? MS. LEITHEAD TODD: That’s after the EA. What we’ve done so far—we haven’t done any actual movement of earth, other than soil sampling. What we’ve done is all the preliminary engineering work in terms of estimating. I think we have like 29,000 tons of soil that we’re looking at. The checklist of what types of permits and mitigations we would have to do. And then the—a lot of this is contained in our draft environmental assessment. And we’re anticipating a fonzie declaration because who doesn’t want to clean up a brown field and make the site better? MS. WILLE: Right. Okay. So I think one of the confusions was I think there’s some statement, or some communication of yours that referred to this land as industrial commercial, which I think the understanding, and I’m not clear on all of this. So I just want to raise the question, would be urban—where as in fact this is conservation land and so if you could just clarify that status. MS. LEITHEAD TODD: This is State Land Use conservation. It is County General Plan urban expansion, but for purposes of the real property division, they Page 33 Hawaiʻi County Council-37 April 6, 2016 classify it by its actual use, which is more industrial. And so it’s a little complicated, it’s lined out in the EA. We are entirely surrounded by urban land, but for some reason, when the State—because our general lease pre-dates the State classification. MS. WILLE: What is the date of—do you recall? MS. LEITHEAD TODD: 65. And the lease goes all the way to 2032 because it was a 65-year lease. So we have contacted the appropriate agencies and the EA clearly says that the land is State Land Use conservation, but even though it’s conservation land, the appropriate division that you contact is not OCCL, it is their Land Management Division. Then the Land Management Division in turn contacts the rest of the divisions within DLNR. MS. WILLE: Okay. And I think that seems to be part of the confusion because my understanding, at least what I’m reading from Dr. Kopp, is then his communication with OCCL is they said, “We don’t know about this and we don’t know about this farm, we don’t know about the extension here.” You know, number of ignorance, but you went through the proper department, and it’s your understanding that they communicated with OCCL and you probably have it sitting there, so I’m not— MS. LEITHEAD TODD: Yes, I do. MS. WILLE: You don’t have to bring the evidence, I just want to get it on the record and—clear because I think it’s just—I appreciate when members of the community raise questions. And I—we’re talking $6 million here. And that we get the clarification and the public understands what we’re doing here. So, on the solid waste permit that this is on—that’s a separate— MS. LEITHEAD TODD: That’s Department of Health. MS. WILLE: That’s Department of Health. Did we get a permit for doing that on that land, or is our lease—? MS. LEITHEAD TODD: We have a general lease with DLNR, then we have permits to run Solid Waste operations with the Department of Health. It is the Department of Health that is essentially directing us to clean up the site, but we are in communication with DLNR because ultimately, it’s State land. And obviously, I think the—we would all be—if you were the State, you would want us to clean up State land. And this is one of the reasons that we no longer do scrap metal operations on either the Hilo or the Kealakehe site and instead, move to doing our scrap metal contracts with contractors, and they do it on their property. So that once we clean up Kealakehe, this isn’t going to be something Page 34 Hawaiʻi County Council-37 April 6, 2016 that recurs in the future. Down the road, we will be coming in to clean up the Hilo scrap metal site, but Kealakehe was a higher priority. And one of the reasons there is the concern over the lead contamination is there had been a fire that broke out in the scrap metal pile, and as you know, lead melts in fire conditions. And that’s one of the reasons we have contamination in the soil. MS. WILLE: Is it the same? When you say remediation in Hilo, is that also for lead from the scraps? MS. LEITHEAD TODD: We’ve got pieces of metal. We’re still in the process of fully testing the site. There may be—it’s very little compared to the amounts that we’ve found at Kealakehe, but Hilo is a bigger site. It’s more acres of land, so it will actually be more expensive to clean up Hilo. MS. WILLE: Okay, so I know we’re looking forward to our budget discussions with you, from waste water to remediation. Okay. And just in terms of this lot, what is the size of the overall leased lot? MS. LEITHEAD TODD: 30.58. MS. WILLE: And approximately the area that we’re talking here for remediation excluding the Liliʻuokalani—? Fourteen or something? MS. LEITHEAD TODD: Ten. MS. WILLE: Approximately ten. I think the way that Dr. Kopp sort of came to looking at these and raising this question is, and it’s a little tangential, but I just— the understanding, his understanding—he was looking at it with—really been focused on homelessness, what can we do? And this was—part of that 30-acre site, he was looking at well maybe this is an area we could do the micro-housing and that kind of thing. And just—let me just sort of clear while you’re here, it’s my understanding that you have—feel that regardless of how good that project is right now, you’re looking at needing that entire site and for future uses and you would not expect it to at some time, be going into residential use? MS. LEITHEAD TODD: I think that putting residential use next to an existing operation of our transfer station and all of the things that we do there, is probably a poor location. But beyond that, Dr. Kopp—I had been copied on a letter from him where he had identified this is a site he wanted to do this housing, and my response was that basically, nobody’s doing anything with that land until it gets cleaned up. And there’s nobody that would approve you putting any kind of homeless shelter on the land that’s contaminated, that you have to clean it up before you discuss doing anything else. I think he was perhaps unhappy with my response to him, and— Page 35 Hawaiʻi County Council-37 April 6, 2016 MS. WILLE: And I think he’s just, you know— MS. LEITHEAD TODD: And that’s one of the reasons the County is proceeding to do the micro units at the old industrial area. MS. WILLE: Right. MS. LEITHEAD TODD: Because it’s not as if the County is not moving ahead to address this issue. The County has found a site. MS. WILLE: Right. And we all know that we have much more to do, but that doesn’t take away from—this isn’t a good site, we find more sites, we need the solid waste and the environmental management issues. Do we have a choice in terms of how much remediation is done depending on future use? I mean is there—? MS. LEITHEAD TODD: The process of the draft EA will have various alternatives. The preferred alternative obviously at—and this is because of the consultation with Department of Health, is to dig up the soil and move it. One of the alternatives was just to encapsulate it. We think that everyone’s going to say dig up the soil, clean up the site so there’s no issue. And that would also be the response from Queen Liliʻuokalani Trust, that they want us to clean up their land. It would then potentially be available for expanding services for the Solid Waste Division at Kealakehe. We would like, in the long range to—we’ve got the base yard building where our employees change clothes and use the bathroom and their shower is being held together by termites. So once all of this is done, I imagine that the Solid Waste Division and the next Director of the department would probably come in with a proposal for use of the property. But for us, right now the goal is we need to clean up the land. The request to the State a year ago was to amend the lease from rubbish dump purposes to general government purposes with the thought that—you know the Police have come to us and looked at whether they could do an impound lot for cars when they seize it, because it’s right across the police station. So we have the request into the State to expand the types of services so that, I imagine, because of its central location, that there would be more than one other County agency that would look at the long-term use of that property. Obviously, our department would be advocating for Solid Waste purposes, the Police would be advocating for some of their purposed for an impound lot because it’s right within view. But all of that is contingent on the State amending the general lease to expand the types of uses. MS. WILLE: Okay, and very quickly, the last couple things. When you get this EA done, will you be coming back here to sort of update us as a Council, or Page 36 Hawaiʻi County Council-37 April 6, 2016 would we need to come to you and ask what’s happening? What’s your next contact with us on this matter? MS. LEITHEAD TODD: Well typically on an EA, we don’t have further contact with the Council. We publish it through OEQC, they receive comments on it, we respond to the comments on the draft, and then all of that gets incorporated and possibly, we end up with amendments on a final draft, which is then submitted and—but that’s all available on OEQC’s website. References to it will be available on the County’s website, on our department’s website. MS. WILLE: And lastly, when we remove this contaminated soil, we’re taking it to the landfill? Is that—when we’re cleaning up, where do we take—? MS. LEITHEAD TODD: Everything has to go to Puʻuanahulu whenever you do removal of contaminated soil, just as we had what we call the Hilo Burrito Project. When we found that the soccer fields here in Hilo, there had been an old gas operation and so there was contamination. All of that soil was dug up and then it was taken to Puʻuanahulu. The reason we go to Puʻuanahulu is it is a lined landfill so that you can ensure that you don’t have any percolation or any of the contaminates would—going into the ground because it’s lined and we encapsulate it basically. MS. WILLE: Okay, I want to yield so if anyone— CHR. KANUHA: I saw Ms. Eoff, earlier. No? Council Members, any other discussion? Ms. Wille. MS. WILLE: I’m good. If I have any further follow up, I can meet with BJ. CHR. KANUHA: Thank you, Ms. Wille, thank you. Ms. Eoff. MS. EOFF: I remember what I thought of before and I hope it’s not off subject too much, but people have been asking me if we’re going to close down or closing down that scrap metal yard, where do they go and are there private companies already in business? MS. LEITHEAD TODD: There were a couple of things that occurred internationally that impacted scrap metal and vehicles. And that was that the market for scrap metal in a one-year period dropped from a $160 a ton to $30 a ton. It is impacted operations throughout the country, and it’s directly tied to the slowdown of the Chinese economy that was the primary entity that people would sell scrap metal to. Page 37 Hawaiʻi County Council-37 April 6, 2016 The changing market structure now is picking up a little bit so my understanding is that scrap metal processor, in particular Big Island Scrap Metal is now accepting metal from the public. MS. EOFF: Big Island Scrap Metal? MS. LEITHEAD TODD: Yeah. MS. EOFF: And where is that? MS. LEITHEAD TODD: They’re in Hilo, well actually Keaʻau, and then they’ve got a facility in the industrial area in Kona too. MS. EOFF: Okay. Thank you. MS. LEITHEAD TODD: And it’s Shipman Industrial over here. CHR. KANUHA: Ms. Eoff, you good? Council Members, any other discussion? Okay. I don’t have any more. I think you’ve explained everything we need to know about this project, so again, mahalo for all your hard. Thanks Jean. All in favor of the motion to approve say “aye.” Vote on Bill 157: The motion to pass Bill 157 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. Noes: None. Absent: Council Member Poindexter – 1. Excused: None. CHR. KANUHA: Motion passes. I’m going to do the Resolution 481, that’s okay, Mr. Onishi? MR. ONISHI: Okay. Good, since we have the Director here. CHR. KANUHA: Mr. Clerk, Resolution 481, Communication 756. Page 38 Hawaiʻi County Council-37 April 6, 2016 Res. 481-16: ESTABLISHES THE BANYAN DRIVE HAWAI‘I REDEVELOPMENT AGENCY (BDHRA) Pursuant to Chapter 53, Hawai‘i Revised Statutes, authorizes the Mayor to appoint, with the approval of the Council, five members to the BDHRA who shall reside in the County at least three years immediately preceding their appointments, and no more than three of whom shall belong to the same political party. Reference: Comm. 756.1 Intr. by: Mr. Onishi Waived: PC ; and Comm. 756: From Planning Director Duane Kanuha, dated March 11, 2016, forwarding the Windward Planning Commission and Planning Department’s determination and designation of the Banyan Drive Peninsula as a redevelopment area. Motion to Approve: Mr. Onishi moved to adopt Res. 481-16. Seconded by Mr. Paleka. CHR. KANUHA: Mr. Onishi. MR. ONISHI: Yes, I’m just asking for my colleagues to support this, and what is going to be happening is we are going to be establishing a, like it says, a Banyan Drive Hawaiʻi Redevelopment Agency, which will be overseeing the area—at the Banyan Drive area, where you have like Hilo Hawaiian, you have Liliʻuokalani Park, you have the golf course in that area. And then also, there is a map attached to the resolution, on the back, on page four, which shows the areas of where that agency will be, what is that, in charge of, or looking over those lands for the development. Okay. Thank you. CHR. KANUHA: Thank you, Mr. Onishi, and just for clarification purposes, Mr. Chair, I think you read in Communication 576 instead of 756. So just for clarification, just as a note. Thank you, Mr. Onishi. Council Members, discussion? We have the Director here if you have any questions, or Mr. Brilhante. Ms. Eoff. MS. EOFF: Well, if they’d like to come forward I think this is a really good move on the part of our County to be able to stay closer to an important part of Hilo that could be much improved. So I think this is going to be a model for how we can proceed in the future, too because I know there’s a move in the Legislature right now to approve a similar concept for small boat harbors, being driven by the Honokōhau users, Honokōhau Boat Harbor users. Same problem, the boat harbor could be a very special place for Kona and yet the State takes a long time to make any improvements or any repairs. So I think that’s probably what this is about as well, as I’ve been following it pretty closely and it would be interesting to see Page 39 Hawaiʻi County Council-37 April 6, 2016 how it develops and what we can do. I don’t know, I’m not really asking a question, but if Mr. Kanuha wants to say anything to add to that, that would be good. Otherwise, I’m ready to just approve this and move on. CHR. KANUHA: Ms. Eoff, are you requesting him to come up? MS. EOFF: No, just if he wants to. Otherwise, I didn’t really have a question. CHR. KANUHA: Yeah, if you have a specific question. MS. EOFF: No, I didn’t. They were just waiting here, so I didn’t know if they wanted to add something. (Note: At this time, Planning Director Duane Kanuha and Assistant Corporation Counsel William Brilhante came forward to address the members of the Council.) MR. KANUHA: Good morning, Council Chairman Kanuha and members of the Council, Duane Kanuha, Planning Director. CHR. KANUHA: Ms. Eoff, any specific—oh sorry, go right ahead. MR. BRILHANTE: Also present, assistant Corporation Counsel William Brilhante. MS. EOFF: I didn’t have a specific question, and Ms. Wille may, but is there anything you wanted to add to the comment I did make or is that pretty much what we’ll see here? Is be able to stay on top of the issues and have a closer— more control over how the development— MR. KANUHA: I think the situation at Honokōhau is a little different. It’s not actually the same redevelopment model. MS. EOFF: It’s a concept. MR. KANUHA: Yeah, conceptually, it could go down the same path, but I don’t know if it has the same statutory foundation behind it to go yet. I had an opportunity to sit at lunch with Rick Gaffney, so he and I had quite a conversation on that particular situation. I understand that bills in the Legislature are moving forward to bring something closer to that. I think particularly notable was that the Department of Land and Natural Resources basically said, “We don’t have a problem with this, we know it’s not happening with us, let’s go try to do something.” I’d like to think that some of the effort we put into Banyan Drive with DLNR has fostered more of that interaction between the State and the County in trying to address common concerns. Page 40 Hawaiʻi County Council-37 April 6, 2016 MS. EOFF: Thank you. CHR. KANUHA: Ms. Wille. MS. WILLE: Yeah. Just very quick, is there anything in this plan that you don’t like or that you would like maybe in the future to be improved upon? I’m only talking Banyan Drive, I’m not talking harbor. But are you—feel pretty solid on the way this is—the vision here for—? MR. KANUHA: Yes, I am. MS. WILLE: Okay, thank you. CHR. KANUHA: Thank you, Ms. Wille. Mr. Paleka. MR. PALEKA: Good morning, Director Kanuha and Corporation Counsel Brilhante. Basically, I just got a simple question because I want to kind of keep it a little bit easier to grasp. So the current leases, DLNR would those be in your vision for what you see coming down the road? Are those leases going to be transferred over where we have ownership, or are those leases going to remain under the DLNR? The title part. MR. BRILHANTE: You know—again, William Brilhante. What we’re coming in for right now, the position we’re in right now, is we’re looking to establish or create this agency, the redevelopment agency for Banyan Drive. I think the next step is the appointment of the members, the board members who are going to be on the agency, and then after that is created, the next step following that, subsequent to that is the development of a Master Plan. And it’s at that point in time when the discussion is being had as to your question regarding the leases, the status of the leases. There are some provisions, under HRS 53 for something like that to happen, but then it’s going to be pretty much incumbent on the commission, the agency to make a determination as to whether or not that’s in the best interest of the community moving forward. MR. PALEKA: Based on my experience with DLNR, I think so, but that’s my opinion. Thank you. MR. BRILHANTE: I think there’s a lot of people who may share that opinion. MR. PALEKA: Thank you. CHR. KANUHA: Thank you, Mr. Paleka. Council Members, any other discussion? Okay, hearing no other discussion, all in favor of the motion to approve say “aye.” Page 41 Hawaiʻi County Council-37 April 6, 2016 Vote on Res. 481-16: The motion to adopt Res. 481-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. Noes: None. Absent: Council Member Poindexter – 1. Excused: None. CHR. KANUHA: Motion passes. MR. KANUHA: Thank you very much. CHR. KANUHA: Thank you. Okay. Ms. Wille? Okay, we can do this one before we take a lunch break, I think. Mr. Clerk, I think we can do Bill—huh? Yeah, I don’t know. We’ll just go ahead, Bill 101. Bill 101: INITIATES AN AMENDMENT TO ARTICLE XIV, SECTION 14-5 OF THE (Draft 2) HAWAIʻI COUNTY CHARTER (2014), RELATING TO THE BOARD OF ETHICS The amendments would: 1) increase membership from five to nine members; 2) decrease member’s term from five to four years; 3) add council district residency requirements; and 4) allow each council member to nominate two persons from his or her council district to serve on the board, from which one would be appointed by the mayor, subject to confirmation by the Council. Reference: Comm. 494.9 Intr. by: Ms. Wille Negative: FC-42 (Due to a vote of 2-ayes, 6-noes, 1-absent) Postponed: December 14, 2015, and January 22, 2016 2/3 Vote: First of three required readings, Section 15-1(a), Hawai‘i County Charter (Note: There is a motion by Ms. Wille, seconded by Mr. Paleka, to approve Bill 101, Draft 2; and a motion by Ms. Wille, seconded by Ms. David, to amend Bill 101, Draft 2, with the contents of Comm. 494.13.) ; and Comm. 494.15: From Council Member Margaret Wille, dated March 10, 2016, transmitting proposed amendments to Bill 101, Draft 2. Page 42 Hawaiʻi County Council-37 April 6, 2016 CHR. KANUHA: Thank you, Mr. Clerk. So if I’m correct, we’re on the amendments to the bill, right? 494.1— MS. WILLE: So I think right now, we have—point 13 was the last one that we had. CHR. KANUHA: So we’re currently on 494.13? MS. WILLE: Yeah, 101 combined with the amendments and .13 and I do have a further amendment here for Communication number 494.15. So, I think perhaps the easiest thing to do would be to withdraw— CHR. KANUHA: Do we have 494.15? Oh, got it. Okay. We’re pending motion, we’re currently on 494.13. Ms. Wille. MS. WILLE: Okay, so I just want to say on Bill 101— CHR. KANUHA: We’re on the amendments. MS. WILLE: Okay, but I just want to say the key thing there was changing it from a five member board to a nine member board with the residency requirement, okay? Then there were a number of concerns that have been raised by Council Members, and members of the public, and on a number of the other items that I have addressed. And I think the easiest thing would be for me to maybe, instead of getting confused between .13 and .15, is to withdraw the 494.13 and I think that was Ms.—no, or was it Danny Paleka? Somebody seconded that to withdraw that. MR. MAEDA: That was Ms. David who was the second. MS. WILLE: Oh, Ms. David. Withdraw that and submit—if that’s okay. I can go through the information on 13 and do this a little longer process if the Council Members would prefer, but I think it’ll be pretty simple. Withdraw Comm. 494.13: Ms. Wille announced the withdrawal of Comm. 494.13. CHR. KANUHA: So again, Communication 494.13 has been withdrawn, we’re now onto the main motion. Motion to Amend: Ms. Wille moved to amend Bill 101, Draft 2, with the contents of Comm. 494.15. Seconded by Ms. Eoff. CHR. KANUHA: Ms. Wille. Page 43 Hawaiʻi County Council-37 April 6, 2016 MS. WILLE: Okay, the key—probably the major change here, which is something I really—that was a suggestion Ms. David made, not that—just as an idea to brainstorm, was originally, I had—in other words, we’re talking about how members are chosen and one of the problems here has been the lack of quorum basically, that all the members are on the Hilo side. And I had originally put in that instead of having the Mayor select it, that each Council Member select two and the Mayor would choose one. And my sense was the other Council Members were reluctant to do that, whether that sort of more of a shift of power. But there was a number of comments made by Council Members that perhaps, if we did it where—sort of the default if there are members that were not being chosen, then it would—so that if a member—if no member is chosen by the Mayor, nominated for over 90 days, then in that case, the vacancy could be filled by the Council Member nominating or appointing the member, subject to confirmation of the—by the Council. I believe Council Member Chung pointed out, do we really want nine or seven so I—that’s something—I think nine is better, really keeps it with each district. However, I did explore that with like legal research and I think we do have at least one other board where it’s seven members and in that case, the two districts, Kona, like seven and eight is considered one and two and three is considered another district. I would prefer the nine, I’m not—if there’s some strong sentiment in terms of seven, it’s not something that I would fight against. I think the big picture here is we’re just trying to improve the system. How does the system—and get more confidence that the system is really working? We don’t end up in situations like we have and that we’re allowing—the executive branch retains that power and it’s only where there’s—it falls through, it’s not happening. There are a few other points here that would be included and this is partly from public testimony making it that the board members serve a total of four members, not, I mean four years, not five years. And I have in here that no member shall serve more than one term, except that if a member is initially appointed for a term of less than two years, that member would be eligible to be reappointed. That means that no member would serve—the maximum would be six years in that less likely event, but in general, it would be a maximum four years. There were several minor changes here that were really made from the suggestion of one of the existing members of the board, and that language was changed. And then one other major change is with regard to the members that the meetings would be held in both the leeward and windward side of the island. So that’s it, you know, I think maybe we could go on and on trying to improve on this. I did try to incorporate all of the major changes that I did hear with the exception is, I did not change, I kept it at nine, and there was some concern of whether it really was seven or another number would be appropriate. Page 44 Hawaiʻi County Council-37 April 6, 2016 I think that this—there is a concern in this County and nationwide that’s let’s raise the bar and have a high standard of ethics and that having a standard of ethics necessitates accountability and accountability is, in this case, we had—the way we have that form, just through the Board of Ethics and wanting to make the Board of Ethics as efficient, effective, and as trust in government that the board is working the way it should. So these are my suggestions. It would go to the voters, this isn’t the last say here and I urge your support. I am, of course, open to if there’s something here you feel that I missed, I’m not closed from changing it. I am trying to move these Charter amendments along just so that we make sure that we get them done. So, I’m going to yield and if anyone has any questions, suggestion, or—I hope support and move this forward to another vote. CHR. KANUHA: Thank you, Ms. Wille. Council Members, on Communication 494.15, any discussion? Ms. Eoff. MS. EOFF: Thank you, Mr. Chair. Yeah, you know, I’m still a little bit torn over the appointment process and the number. I mean I had gone ahead and prepared language on how it could read if seven is a number that Council Members would be more comfortable with putting forward, and you’re right, it would then have to be comprised of a member of each of the geographical areas of Puna, Kaū, Kona, ʻ Kohala, Hāmākua, and Hilo. That member, maybe one at large, but you’d have seven, which might be a—I don’t know, I’m not really opposed to nine too much, but I did hear some concern over that could be an unwieldy board. And so I guess, like you said, there is a way to do it with seven and still have them come from around the island, making it a more balanced, or require it to be a balance board. So I would support—I probably support the nine if we go with that, but I think seven is also something we can talk about. Having still a problem with the separation of powers issue because I feel something, and I know we were talking about that in another bill yesterday as well. And Molly Stebbins didn’t really comment yesterday, I think we had her make a statement several weeks ago. And I’d like to hear from her again, just to remind us of her opinion about whether that creates a separation of powers issue. To me, it’s a little bit awkward to have a Council Member appoint and then the Council also confirm. Whereas the way the Charter reads now with regards to the appointments, we have that balance with the appointment coming from the administration and then the Council approving. (Note: At this time, Corporation Counsel Molly Stebbins came forward to address the members of the Council.) MS. STEBBINS: Good morning, Chair Kanuha and members of the Council, Molly Stebbins, Corporation Counsel. On the separation of powers issue, yes, we discussed this before briefly, and the appointment powers definitely, traditionally reserved to be executive branch. So I think that this proposal does present Page 45 Hawaiʻi County Council-37 April 6, 2016 separation of powers concerns. Initially, the proposal would have completely taken that power away, at least as to certain members. And I understand the new proposal is only to have the Council be able to exercise that appointment power if the Mayor does not appoint someone for a certain period of time, or I think the language is if the vacancy exists for 90 days. I can see some issues arising with that because there may be a number of reasons why a position is vacant for a period of time. Maybe there isn’t any suitable candidate to appoint, maybe they aren’t able to find somebody from the particular district who is willing to, who is able and willing to volunteer their time. It is challenging to find board members because a lot is asked of them, and of course, it’s not compensated. Maybe there’s names put forward and they’re not confirmed by the Council. There could be a number of reasons why there is a vacancy, and that don’t necessarily indicate that, as I think this proposal is sort of insinuating, that the Mayor is just being delinquent in his duties, say to speak. So I do still have concerns that even in this limited situation, taking the appointment power away from the Mayor and handing it to the Council encroaches on the separation of powers, the checks and balances in place. The appointment power, like I said, is a traditional function reserved to the executive branch. MS. EOFF: Thank you and I pretty much agree with that. I also agree with Ms. Wille that it is good that we talk about this and that maybe something can go to the voters to increase the number on our Board of Ethics, just to, at least to accomplish that much. I want to support that, I want to support the balancing of the members around the island, I think that’s important. So, I’m still a little bit, not sure how to handle this because I tried an amendment early on, but it didn’t pass, which would have simply just create a nine-member board and not change anything else about the Charter. But now, some of the other changes here I think I can support. I’m just going to have to really think about that one part, and maybe Ms. Wille can consider if it looks like other Council Members feel like I do, that maybe we could put something forward that would increase the board and make it from judicial or Council districts, and yet not change the appointment process. Thank you. CHR. KANUHA: Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman. You know, I really don’t care how this thing turns, quite frankly because I have no intention of being before that board any time soon. But I still will be voting against this measure. First of all, I believe it has too many members. I think I stated earlier that this is a quasi- judicial body, not a legislative body. And the more people you have on that quasi-judicial body will only make it, using a term Ms. Eoff coined, unwieldy in my opinion. Page 46 Hawaiʻi County Council-37 April 6, 2016 I think that really, ethics, ethical behavior, how you view ethics, transcends district residency. So I don’t think there’s any reason why each district should have one representative on this ethics board. You could pick three people from Kona, three people from Hilo, I don’t care where they’re picked, but—and then the Council will do the appropriate vetting, particularly after the experience that we had over the last year or so. So I believe there’s too many members on this proposal and the whole structure is so convoluted it becomes very confusing. And for those two reasons, I’m going to be voting against it and I’m not—only because I’m voting against this proposal, doesn’t mean I’m against restoring faith in government or anything like this. What this does really, it doesn’t enhance ethics, it’s only a structural change and it’s a reaction, no offense to Ms. Wille, to what happened over the past year. And really when you think about it though, the structure wasn’t broken. The only thing that happened was the administration, no offense to them, I’m insulting everybody I guess right now, but really, they didn’t bring forward any nominees, and I can understand why, you know, they were kind of stuck in a tough situation. That’s the only reason. The structure is not broken, the system is not broken. So I’ll be voting against this. Thank you. CHR. KANUHA: Thank you, Mr. Chung. Ms. David. MS. DAVID: Mahalo Chair. And I’d like to—well thank you, Margaret, for refreshing our memory about the suggestion that I had made in the earlier discussions of this matter. And it was basically a suggestion, and I think, in further discussing it and having Ms. Stebbins come up, I think I asked the question whether that scenario would raise some jurisdictional questions as far as separation of powers. And I think you did, at that time that there were some real questions about that because those duties are reserved to the executive branch. And for me, I totally respect the separation of powers because, and as like Mr. Chung had said, if it’s not broken, you know—I know we tend to, human nature, tend to want to fix things when something doesn’t work right. But sometimes we really have to think about what we’re trying to accomplish and whether that will actually resolve it or raise even more issues down the road. For me, the important thing is the separation of powers. I really believe that it is our duty as legislators to be the check and balance once things come before us. And so I can’t support our role being changed so that we would have some authority that naturally would not be ours to have. So, I’m really torn between the numbers, also. So I can see Mr. Chung’s point about keeping it at five, I don’t really—I’m not sure about that. That would be the only question in my mind that if we increase the number would be the only thing that I’d probably try to consider. But at this point, I’m just not sure as far as—because there is still the separation of powers issue and that, in my mind is controlling. So thank you, I yield. Page 47 Hawaiʻi County Council-37 April 6, 2016 CHR. KANUHA: Thank you. Still on the first round, Council Members who haven’t got an opportunity. Onto the second round, Ms. Wille. MS. WILLE: Okay. One question is, is this system broken or is it not? And I think that’s—we disagree. I think where it’s clear the system is broken, that we’ve gone on for a lack of appointments for—it was first broken when how could it have happened that all of those issues or PCard and expenses went on and no one—? There were no checks and balances. How was it that the executive branch was able to block access to that information? That’s aside and not what’s at issue here. The area of what the system being broken is there was no accountability. That the entity that’s supposed to address accountability, is there a violation? And if so, what should be the consequences, was non-functional for how long? So to say that the system is not broken in my view, is just not seeing—I don’t know, so different from how I see it. And this whole separation of powers I think is close to absurd. There’s separation of powers, there’s balance of powers, there’s checks and balances. If you want to put it that okay, separation of powers, what is the powers? We defined that in the Charter, okay? That’s how we do it and what should be the balance, what is a good balance? And I’m saying that balance of power was not working. And that we’re avoiding the whole issue of the principle of checks and balances, that if something doesn’t work, you have the opportunity, and I think—and what it is not that there’s—is there an appointment? Does he nominate someone within those 90 days? I do think he’s been delinquent, take it exactly that way because it has been delinquent, it’s been terrible. I mean even right now, the members, the five members, one of them hasn’t shown up yet. You know, we still—it’s going on now, I think there’s a meeting tomorrow, we’ll see what happens. And you know, I appreciate Council Member Chung saying it doesn’t matter where they come from on the island, but I think Hilo sort of has it good. I mean I don’t think you’ve seen it from the other side, or like the people that have testified from Kona and seeing it as sort of three people here in Hilo and not feeling represented. But I think there is that sentiment that we often feel, some of us, that this little bit of a Hilo-centric island, or just you know—and Honolulu-centric state and we’re always trying to keep that balance of power. So I think what I’m trying to address is what is an appropriate level of balance and power. You know, you can carry one that it’s traditionally the Mayor’s role, he is a hard time finding people. This is one of his key jobs, is getting those people in there and making it available. I mean he hasn’t called me for help, okay? I don’t know, call on us—help. I mean there are people right now, I look at—I’m really angry about environmental management and those vacancies. There’s people in the vacant, at least two of the vacant seats that have had applications in for I don’t know how long, months or a year in District 6, which Page 48 Hawaiʻi County Council-37 April 6, 2016 finally got one. There were people who were on that list that submitted it a year before. So I just think this allows him—this is basically, do your job within a reasonable amount of time, and if you don’t do it in a reasonable time, we have a default position so that we don’t end up with non-functional boards. So, if—I’m not going to get carried on, I think you all know where I am. I, number one, as far as I’m concerned, this system is broken, it clearly has not been working. This whole thing about having a quorum—back when this whole issue came up, I went to Molly, I said get him to go get Wally Lau to make the appointments, this is like close to a year ago. It doesn’t happen. It doesn’t take that much, call all nine of us. So, I feel, yes, this is a reaction to that. I don’t want to see it again. You know, we’re—let’s—there’s been this sentiment, how do we fix this system? We made some changes. Council Member Ilagan had his, that Bill 78, I strengthened that up. What are we going to do? This is one more thing I think you all know how I stand, and I would just assume call for the question, go ahead, but I see there’s two lights on, or at least one. So I want to hold out, but we’ll do what we can do. I’d like to put it to the voters. It’s up to them if they feel strong. I would, if the sentiment was let’s go ahead, but with seven, I would be happy to change that if there’s any wording, things—change that, but I do think other Councils, other counties have nine members. I haven’t heard any problems about it. So I think it’s easy to just say let’s just stay the status quo and not be a little bit bold and let’s try to really make things work. But I just urge you, maybe think big. We are responsible, it’s not like there’s a separation of power and we can’t do this. CHR. KANUHA: Thank you, Ms. Wille. MS. WILLE: Thank you. CHR. KANUHA: I don’t know who was next. Mr. Chung, your light’s on. MR. CHUNG: Okay. Yeah, I’m just going to be saying the same thing I said before since she said the same thing she said before. She’s talking about the system being broke. The system isn’t—I mean there—you could tweak it a bit, but the system itself, as it relates specifically to our Charter provision, is not broken. And Ms. Wille, the only thing that I can see where we might improve upon is in the event that the administration does not advance nominees. And I’ve already supported, and I think most of us here have supported the idea of changing that aspect of our Charter, and you’ve advanced something in that regard. We’ve all said it’s a great idea. You might have to tweak it somewhat if we don’t go to a nine-member commission, but in concept, it’s a good one. Other than that, nothing’s broken. The vetting has to be done here. If you don’t like too many people from one district, then say so on the floor. I wasn’t here Page 49 Hawaiʻi County Council-37 April 6, 2016 when most of those members were appointed. All I know is, I voted yes on two people from West Hawaiʻi recently. One of whom hasn’t shown up yet for a meeting, pono or whatever aside, right? I just have to take objections to what Ms. Wille said about the system being— well, the system as it relates to our Charter provision. I don’t think it’s broken. Thank you. CHR. KANUHA: Thank you, Mr. Chung. Mr. Paleka, on the amendment. MR. PALEKA: The amendment. You know, I cannot say that it isn’t functioning properly because I did receive an advisory opinion from you, when asked, and they did render a decision. They have been functioning somewhat—well they have been functioning and rendering, doing their job. As to the amendment, I still have a problem with Council Member appointing. I’ll make this offer that to this amendment, I would say let’s go to seven so it doesn’t become a Council Member thing, that it remains within the purview of the Mayor. The Council Members may submit recommendations to the Mayor. I don’t know if you want to put a time constraint on from when that name is submitted to him making an appointment. That’s an idea. From when the Council Members may submit, since we’re going down to seven, any Council Member can submit. Because then we’ll get a bright mind from any area because I would like to see people with at least some legalese or training in ethics sitting on the board. And I’ll offer up that for now. But in the current form, it’s getting close, but I still have a problem with the separation, Margaret. But thank you for continuing to work. MS. WILLE: I really didn’t understand that. CHR. KANUHA: Do you have a point of clarification? MS. WILLE: Yeah. I just want to make sure I understand what he said in terms of appointment. How would you do that? How would you say—? MR. PALEKA: The Mayor would still retain the appointment power. The Council Member may submit a recommendation when he believes a vacancy has existed too long, the Council Member, any Council Member, could submit a recommendation to fill that vacancy. MS. WILLE: To the Mayor or to the Council? MR. PALEKA: To the Mayor. MS. WILLE: Through like a resolution? Page 50 Hawaiʻi County Council-37 April 6, 2016 MR. PALEKA: Doesn’t have to be through a resolution, but maybe through a formal document that could be tracked or— MS. WILLE: Or could be a resolution? MR. PALEKA: Yeah. MS. WILLE: Okay, thank you. MR. PALEKA: You’re welcome. Thank you, Margaret. CHR. KANUHA: Thank you, Mr. Paleka. Ms. Eoff. MS. EOFF: Yeah, and I think that’s kind of how informally we do it now. If, you know, maybe if you’re trying to strengthen that little bit up, that would be good. I also wanted to add that, I can’t remember exactly which counties have which number, but I did call on to find out the number of members for Maui and Kauaʻi, and Oʻahu, and they all have either seven or nine. I think Ms. Wille might have stated that already, but we’re the only one that only has five. CHR. KANUHA: Thank you. Council Members, any more on the amendment? Okay, we can do a vote on—ready to vote on the amendment? MS. WILLE: One fast comment if I could. Just I would be willing to do— change it to the seven and do what Danny said, but in terms of a resolution, where we could suggest someone by resolution— CHR. KANUHA: That’s not part of the amendment though, the nine members. MS. WILLE: Okay. Well I’m asking to move this forward, and that allows me the opportunity to make those changes if everybody says, “I don’t like it,” then you know, I’m not— CHR. KANUHA: Well yeah, I mean that can be on the main motion. MS. WILLE: Okay. CHR. KANUHA: On the amendment though, it doesn’t have—the amendment’s not amending the nine members. MS. WILLE: Okay, I understand now. MS. EOFF: So question, if we go to vote on this amendment, you’re saying if we vote it down, then we go to the main motion rather than vote that down, you’re going to continue to work on another amendment? Okay. Page 51 Hawaiʻi County Council-37 April 6, 2016 CHR. KANUHA: Okay. Mr. Clerk, roll call please, on the motion to amend. Vote on Motion to The motion to amend Bill 101, Draft 2, with the contents of Amend: Comm. 494.15 failed by the following roll call vote: (Failed) Ayes: Council Member Wille – 1. Noes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, and Chair Kanuha – 7. Absent: Council Member Poindexter – 1. Excused: None CHR. KANUHA: Thank you, motion fails. Now on to the main motion, Bill 101, Draft 2. Ms. Wille. MS. WILLE: Yeah, so I guess what I want to know is if I made those changes, which one would be where it would allow the Council Members, by resolution, to suggest someone so it’s getting the issue out front from any district. It—make that change and I still prefer the nine members, but if that’s something that there’s a preference on seven, I don’t want to spend more time on this though, if it’s basically, we want to just keep the Charter the way it is. And I think that moving on from, is the system broken or not broken, it’s how can we improve it? I do think making it so we can have meetings on either side. If I were to make an amendment, I would actually make this a—loosen up holding the hearings, probably to be at least four on the one side or the other so there’s a little more leeway if it was all people—dealing with people all on the Hilo side or over there, but so that at least there is some difference. But I would appreciate if people are just like absolutely no matter what you do, Margaret, I don’t want it. I would appreciate knowing that and just so whether I move forward. So if I make these changes, we’re pretty solid in voting for it next time. CHR. KANUHA: Thank you. Council Members, discussion. Ms. David. MS. DAVID: Yeah, so just clarifying, Ms. Wille, that the members—you’ll work on changing it to seven, then you will delete the authority that you’re giving to the Council? It remains with the Mayor, and the only thing is the number of meetings to make it a balanced number of meetings? MS. WILLE: And I would add that Council Member— MS. DAVID: Right. By resolution? Okay. That to me is a fair compromise. As I’ve told you, the separation of powers was really important for me. So, I appreciate that and if you do what Mr. Paleka was discussing, I would be good with that. Thank you. Page 52 Hawaiʻi County Council-37 April 6, 2016 CHR. KANUHA: Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman. With regard to what was asked of us by Ms. Wille, I think if this board has proven anything, as it relates to your initiatives, we’re always open-minded, we’re always willing to work things through and even if we object at first, you know, we have, I think, proven the ability to look past and work together. But I just want to say, I’m going to probably still vote against any increase in the membership. And it’s largely symbolic, really. Maui might have nine, some other guys might have seven, and quite frankly, I don’t care if we have 100 members on this thing, you know, I’d still vote against it though. But does having nine members versus five, us having five, make Maui any more ethical than us? No. This is just out of convenience so that you can pocket each of these things to representative districts. But I’m telling you, the real hot bed of activity should be when we vet these, when we speak to these nominees and vet their nominations. That’s how it should—that’s when we really should be putting all of our energies, instead of just having these real pro forma types of approval. That’s my feeling any way. So whatever I do, it’s going to be largely symbolic already because I think we’re ethical as an island. I think five members can do it, and as I said, I don’t have—if all of the members are from Kona, that’s fine, or Kaū or wherever, it doesn’t ʻ have to be from Hilo. I know you found that objectionable, but whose fault is that? The Council’s fault for approving that kind of set up. Thank you. CHR. KANUHA: Thank you, Mr. Chung. Ms. Eoff. MS. EOFF: Thank you. And I agree with Mr. Chung, ethics transcends district boundaries. I don’t think really, district boundaries have anything to do with an ethical decision. But I do believe that having more people involved in the discussion could make a difference, and so with only a five-member board, you’re only required three for a quorum. And some of the issues and decisions that must be made by the Board of Ethics, I think would be better to have more people involved in the discussion and that’s why I support adding maybe seven members. I think you’re going to get a more balanced perspective from more people and so I think the only way to do that really—and it is symbolic in a way to appoint them from around the island, but that being said, I still believe that the larger number will be something the voters would get to decide on. And I think seven is a good compromise and I like what we’re doing here, as you’ve stated, Mr. Chung, trying to work through this. And although it’s been time consuming and everything, I think the suggestions are good and look forward to see what you can bring back, and I hope I can support it. CHR. KANUHA: Mr. Onishi. Page 53 Hawaiʻi County Council-37 April 6, 2016 MR. ONISHI: Thanks Mr. Chair. I wasn’t really going to say anything because I thought this could move fast and you know, we started at quarter I think or ten to twelve and then now we’re almost like one hour on this discussion. But I wouldn’t recommend that we have a resolution that a Council Member submits to put names on. I mean it’s like now you’re getting to—very political because now you’re going to have people coming up front, you’re going to have people coming to testify in favor of that person or not, and so it’s going to be—it’s going to take too much time, okay? Second, when we had those nominees that came from Kona, I asked them, “Are you going to be able to make the meetings?” And they said yes, so I don’t know what else we can do. We asked them. “Are you going to be able to come?” Because that’s the problem that we’re having, people couldn’t show up and I think the person who is not coming, is that person retired? Ms. Wille, do you know? MS. WILLE: I’m not sure. MR. ONISHI: Do you know who’s not coming? MS. WILLE: I don’t know her name. MR. ONISHI: It’s a woman who’s not coming? MS. WILLE: Didn’t come I think for the last one. MR. ONISHI: Okay. So that’s the one— MS. WILLE: But at least with seven, then you can have three absent and still function. MR. ONISHI: No, but it doesn’t matter because the thing is, it all depends on their scheduling. So you can have, like Mr. Chung said, a hundred people and then—but you’re going to have a quorum, so you’re going to have to have a minimum of so many, and if those other people cannot make it, they cannot make it. But that’s why we asked them when they came to be nominated, is that if they can make the meetings because that’s what our concern is. So I will not be supporting this too. And then I think we should just keep it at five and—because the next administration is the next person that’s going to be selecting other nominees for this board. Thank you. CHR. KANUHA: Thank you, Mr. Onishi. Council Members, any other discussion on—Mr. Paleka. Page 54 Hawaiʻi County Council-37 April 6, 2016 MR. PALEKA: I think I better clarify. So in terms of the number, Margaret, I really not—I can go five or seven, whatever. I’d rather go lower, the numbers because like I said, it functions for me. In terms of—I just don’t like to see the Council Members being given or that authority being transferred to us. And the resolution part, I think Fresh might have a point on the resolution, that might make it political so if we could track the—and if we just make a form, I mean— MS. WILLE: A what? MR. PALEKA: A form, that’s a trackable form, in terms of recommendation for boards, since we do have a board application thing. Maybe number it or something, I’m not sure. But that’s my offer for trying to get to the end of this, and I don’t want to take up any more time. But thanks again, Margaret. CHR. KANUHA: Thank you, Mr. Paleka. Ms. Eoff. MS. EOFF: Obviously, for a Charter amendment to move forward, needs—takes six votes and so I think as we’re listening here, I would recommend, and I know Ms. Wille probably is considering this, wanting to get something passed, we want to put something on the ballot, and we want the voters to understand what it is. And I would agree that a resolution is maybe not the way to advise the Mayor of getting an appointment. But maybe a little bit more formal process than what we have now, like you said, in a form, actually a form that could be submitted to the Mayor’s office recommending names. I’m not sure, but I would rather see this be as simple as possible, hoping to get enough of us to vote for it and pass it on to the voters, to me, would mean increasing the number and the geographical areas. And then there are a couple other changes that you’ve made that are fine with me. I’m good with the terms, changing and those, but I think we really need to think about that process of the appointments. MS. WILLE: Can I respond to that? CHR. KANUHA: Ms. Wille, go right ahead. MS. WILLE: Okay. I would say if we were to do it through a form, that we could do that in the Code. We could do that outside of the Charter and not in the Charter. So that would leave it by—I do think in terms of finding a—getting a quorum is easier if you had seven to at least get four, you know, you can have three people absent and still have a quorum. You know at five, we’ve got one absent, one recusing themselves—anyway, it doesn’t take much so that it does—it would—I mean that’s been a key issue here. So, if we were to do that, it would be to change it to seven members. I would still make some of these other more minor changes, changing it for four years, but Page 55 Hawaiʻi County Council-37 April 6, 2016 allowing people that come in for two to continue on. And at least some things that would allow—have meetings on both sides of the island, at least some, not necessarily equal, or every other, but provide for that. And some of these minor changes you can—nobody has raised any questions about those that were suggested by the board member and legal research. And it would be doing on the basis of seven, so I would urge those of you who can live with that to at least to move this forward, allow me to make that— obviously, still have to read what I write and make a decision at that point. And I’m sure Council Members, my buddies over here—but give it some thought and move on. So, go ahead and vote and if there’s—so I urge that we—so I would postpone—urge you to vote for postponing this— CHR. KANUHA: Are you making a motion? MS. WILLE: Yes, motion to postpone so I could make those changes. CHR. KANUHA: Okay. Well there wasn’t a second yet, so— MS. WILLE: Oh, did you want to make a comment? MS. DAVID: Before you make your motion, please. CHR. KANUHA: Ms. David. MS. DAVID: Thank you, Chair. I think the notification seems to be like an informal thing, and I agree it shouldn’t be within the Charter. So, right now, if we—could we just do it instead of a form, like just a communication with a copy to all of the Council Members? Or some sort of simple, non-formal communication among us that notifies each Council Member that, “Hey, I’m nominating this person,” and then it goes through the regular process that it normally does with the administration. You send your nomination to the administration with a copy to I guess all of us. I don’t know it’s just a suggestion. I like the informal aspect of not bringing it forward through a resolution because of the items that Mr. Onishi said. So, just a thought. MS. WILLE: We could do in—outside of the Charter. MS. DAVID: Yeah. So other than that, Margaret, I think your suggestions would be fine with me. I think that’s a good compromise. MS. WILLE: Thanks. CHR. KANUHA: Mr. Onishi. Page 56 Hawaiʻi County Council-37 April 6, 2016 MR. ONISHI: On that communication, and then sending them to the other Council Members prior to this person getting onto the board business, might become a Sunshine Law, right? Because you’re notifying Council Members that I’m going to be putting this person up for being selected. Molly, I guess maybe we need some—your opinion on that. Oh okay, so what we’re looking—well what Ms. David had mentioned is that, like a Council Member could do a communication, like selecting a person to be recommended to the Mayor, for selection on the Board of Ethics, and cc’ing the rest of the Council Members prior to— CHR. KANUHA: Mr. Chung. MR. CHUNG: Why can’t we wait until this thing is incorporated into some kind of bill before asking Molly that question? It may be—never come up. MS. WILLE: Right, I agree. And it wouldn’t be in the Charter. MR. ONISHI: Yeah, but the thing is, but maybe you cannot even do that. CHR. KANUHA: Yeah, I want to— MR. ONISHI: Okay. Well I mean— MS. WILLE: They can figure out a way. MR. ONISHI: Okay. CHR. KANUHA: Wait, Mr. Onishi, you just want to— MR. ONISHI: I yield. CHR. KANUHA: Okay. Mr. Ilagan. Motion to Call for the Mr. Ilagan moved to call for the question. Seconded by Question: Mr. Onishi. CHR. KANUHA: There’s no discussion on this motion so—I just want to make sure that’s correct about that exact motion. Ms. Wille, yeah, the motion to call for the question is to vote on this now. MS. WILLE: The vote on this is the motion to postpone. CHR. KANUHA: On the bill—there’s no motion to postpone because there wasn’t a second, so the motion on the floor right now is to approve Bill 101, Draft 2. Page 57 Hawaiʻi County Council-37 April 6, 2016 MS. WILLE: Okay, so I want to see the rules and see what it says for the call of the question. CHR. KANUHA: And I think I can ask the Clerk that. MR. MAEDA: Ms. Wille does have an opportunity to speak on that. CHR. KANUHA: Ms. Wille, on the call for the question. MS. WILLE: Okay. So—and what we’re calling on the question is whether to move 101 forward—I want to be very clear what the question is. MR. MAEDA: Can we take a quick recess? CHR. KANUHA: Sure, we’re—brief recess. Recess: At 12:50 p.m., the Chair called for a recess Reconvene: The meeting reconvened at 12:53 p.m. CHR. KANUHA: The motion was made to call the question and it was seconded. There is no debate on this motion, so we will vote for this motion. MR. CHUNG: Point of information. So what exactly are we voting on here? CHR. KANUHA: We’re voting on whether to call the question and end debate. MR. CHUNG: Okay. CHR. KANUHA: And then, again, there is an opportunity for the introducer of the bill, if it is passed by a two thirds majority to call the question to end debate, that the introducer will have an opportunity to end the debate. MR. CHUNG: It’s only to call the question, right? CHR. KANUHA: Yeah. MR. ILAGAN: So, just information, when you say, “aye,” you’re actually calling for the question. If you say, “no,” then there’s no— CHR. KANUHA: Ayes are indication you’re voting in favor of ending debate. Just for clarification. Okay, Mr. Clerk, roll call. Page 58 Hawaiʻi County Council-37 April 6, 2016 Vote on Motion to Call The motion to call for the question failed by the following for the Question: roll call vote: (Failed) Ayes: Council Member Onishi – 1. Noes: Council Members Chung, David, Eoff, Ilagan, Paleka, Wille, and Chair Kanuha – 7. Absent: Council Member Poindexter – 1. Excused: None CHR. KANUHA: Okay, motion fails, onto the main motion. Ms. Wille, I think we’ve heard enough debate about this. I think, hopefully you can make a motion to postpone. MS. WILLE: Yes, I’m going to make a motion to postpone. CHR. KANUHA: To a certain date? MS. WILLE: To— CHR. KANUHA: The call? Date specific? MS. WILLE: Okay, let’s go with call for the question, I expect it to be— CHR. KANUHA: Call of the chair? MS. WILLE: Call of the chair. MR. ONISHI: I second that. CHR. KANUHA: Don’t second that. No. MR. ONISHI: I second that. CHR. KANUHA: I’m not going to put that motion on the floor. th MS. WILLE: Okay, so our next meeting is the 19, right? CHR. KANUHA: Mr. Clerk, when’s the next meeting on the Council? th MR. ONISHI: 20. MS. WILLE: The next is the— th MR. MAEDA: Council meeting is the 20. Page 59 Hawaiʻi County Council-37 April 6, 2016 th MS. WILLE: 20, but to have this on the agenda, I would want the public to have it. CHR. KANUHA: Motion to postpone to— MS. WILLE: To the call of the Chair. Motion to Postpone: Ms. Wille moved to postpone Bill 101, Draft 2, to the call of the Chair. Seconded by Mr. Paleka. CHR. KANUHA: Any discussion on the postponement? Mr. Onishi. MR. ONISHI: Yeah, I will not be supporting it because if you guys listen to your discussion for over one hour, you guys cannot even— MS. WILLE: It’s only the sponsor gets to— MR. ONISHI: No, we’re not calling for the question. CHR. KANUHA: This is a debate on the postponement. MR. ONISHI: It’s on the postponement. Okay. You guys always—you guys cannot even agree upon how many members there are going to be, you guys talked about doing a resolution to select members. I mean—I don’t understand if—it’s either you’re for what you have now, or you want change, okay? And we’ve had how many discussions about this? And it’s still confusing, so we’re just wasting time. So we should just move it forward and if you guys want to keep it alive, you vote for it. If not, you just vote it down already. So I’ll be voting against the postponement. Thank you. MS. WILLE: So we— CHR. KANUHA: Thank you, Mr. Onishi. Council Members, on the postponement. Mr. Chung. MR. CHUNG: Yeah, I’ll be voting in favor of it because if Mr. Onishi was listening carefully, too, I said that we actually have proven our ability to incorporate, or at least listen and consider what Margaret has to propose, and I’m willing to do that. But I said if it changes the amount, I will still be voting no, but if—there might be other aspects of her proposal that warrant consideration. For example, like if the administration doesn’t advance a nominee or district-wide meetings, and those things. I mean I think they’re all worth considering, so I just want to see what she has to say. Thank you. Page 60 Hawaiʻi County Council-37 April 6, 2016 CHR. KANUHA: Thank you, Mr. Chung. Ms. Wille, wrap it up please, on the postponement MS. WILLE: I see your—let me just ask, following up on what Council Member Onishi said. We could move this forward and have one more vote underway. CHR. KANUHA: If you’re willing to take that risk. MS. WILLE: Yeah, and then—and make those changes. I mean everybody— CHR. KANUHA: On the postponement. MS. WILLE: On the postponement. So, I don’t know. I mean—I’m just offering, sort of—I’m listening over here. Now you want me to stick to the postponement? CHR. KANUHA: Ms. Wille. MS. WILLE: Okay. CHR. KANUHA: We have a motion to postpone. MS. WILLE: Motion to postpone, let’s just move—postpone, get these changes in, and go from there. CHR. KANUHA: Thank you, Ms. Wille. Okay. I’m going to just end debate and say that I am for the postponement. I really want something that I can see. We’ve gone over and around and all through about all this stuff and you know, we’ve been going through this a really long time, so I will be—hopefully there’s something that’ll be there the next time that we can, I don’t know, not go over again. Okay. Mr. Ilagan, on the postponement. MR. ILAGAN: I also will be in favor. I’m always in favor of more research and a sound legislation. Thank you. CHR. KANUHA: Thank you, Mr. Ilagan. Okay. Mr. Clerk, roll call. Vote on Motion to: The motion to postpone Bill 101, Draft 2 to the call of the Postpone: Chair was carried by the following roll call vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ilagan, Paleka, Wille, and Chair Kanuha – 7. Noes: Council Member Onishi – 1. Absent: Council Member Poindexter – 1. Excused: None. Page 61 Hawaiʻi County Council-37 April 6, 2016 CHR. KANUHA: Okay, thank you. Motion passes. Mr. Chung, I know you have an excuse to be out at 2:30 or 2:00. So I’m just going to do a few with Mr. Chung and then we can take a break. Mr. Chung, which would you like? Resolution 450-16, Mr. Clerk. Res. 450-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO GOING HOME HAWAI‘I TO SUPPORT THE STEPPING UP INITIATIVE Transfers $5,000 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Funds would be used to support the In-Reach and Reintegration program. Reference: Comm. 752 Intr. by: Mr. Chung Vote on Res. 450-16: Mr. Chung moved to adopt Res. 450-16. Seconded by (Adopted) Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Paleka, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Onishi and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Resolution 457. Res. 457-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE WAIĀKEA HIGH SCHOOL FOUNDATION FOR EXPENSES RELATED TO THE WAIĀKEA HIGH SCHOOL ROBOTICS PROGRAM Transfers $2,500 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Liquor Control, Public Programs account. Reference: Comm. 769 Intr. by: Mr. Chung Motion to Approve: Mr. Chung moved to adopt Res. 457-16. Seconded by Ms. David. CHR. KANUHA: Mr. Onishi. Page 62 Hawaiʻi County Council-37 April 6, 2016 MR. ONISHI: Yes, thank you. I want to say some stuff. I really appreciate Mr. Chung, for donating that money, the funding to Waiākea High School, which is in my district, but you know, I appreciate that. And you know, robotics with Waiākea High School, they’re like one of the top teams in the whole state. I mean they were the ones that started going to Japan first and competing there, so I really appreciate all your kindness from your heart that you’re donating this funds. Thank you. CHR. KANUHA: Thank you, Mr. Onishi. Mr. Chung. MR. CHUNG: Yeah, I wasn’t going to say anything, but since he brought it up and they really are a cracker jack team, and as he stated, they go to the mainland, they participate annually in this competition in Japan with only universities. They’re the only high school team in this international competition and I think they placed first, yeah, last year? MR. ONISHI: Yeah, I think so. MR. CHUNG: Unbelievable. So on their present team, this is what I wanted to bring up as well, they have more girls than boys. And we had Eric Hagiwara here, who is one of the instructors. He, along with Dale Olive, are the spearheads of this program, and they have more girls than boys because they want to try to encourage more girls to get into like these stem programs. So it’s so important, so we wanted to try to help them. Because they’re going all over the place, they have to fund raise constantly and whatever we can do to help them, so thank you very much, Mr. Onishi, really. I know he’s been a big support of that program, big supporter. CHR. KANUHA: Thank you, Mr. Chung. Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chairman. I also want to thank you, Mr. Chung, because I’m an alumni of Waiākea High School and I’m proud, actually Puna, close your ears, I’m proud to say I’m a graduate of Waiākea High School. So thank you, Mr. Chung. CHR. KANUHA: Thank you. Ms. Wille. MS. WILLE: One question. I just wondered, we went through Liquor Control on this one for the robotics program, and I wouldn’t have thought of going through Liquor Control, so I just wanted to ask about that. So can you tell me about that? MR. CHUNG: What’s that? Page 63 Hawaiʻi County Council-37 April 6, 2016 MS. WILLE: So I just wondered how you happen—you went through say Liquor Control and not R & D (Research and Development), or something at least—or Parks and Recreation. MR. CHUNG: I understand that after every competition, they get together, they drink alcohol, and they do all of these things, so I figured that maybe liquor might be the appropriate—no. Anything dealing with kids, we traditionally go through Liquor, through the high schools, yeah? MS. WILLE: Okay, and did we give them a commendation for coming in first? Did we bring them in here and recognize that? MR. CHUNG: Yeah, I think it was last year. So they were honored through various other means. MS. WILLE: Okay, thanks. MR. ONISHI: Yeah, just to add to that about the award, they did have a—it’s like a fundraiser that was held at the university campus cafeteria where they honored the students, but then also they’re—like a fundraiser to help them for the next year. But I also wanted to thank the instructors because they’re the key components to all this and their program not only go from the high school, but it’s like the intermediate to the elementary. So they have a system set up already for these students so as they get older, they get into like more technical competition. And the last think I wanted to say is that had that one testifier saying about why the money is going through the Liquor, and it’s like we’re trying to do preventions and not supporting, so just to the public notice, is that’s why it goes through them, it’s to prevent the kids from using alcohol. Thank you. CHR. KANUHA: Thank you, Mr. Onishi, any other discussion? Okay, hearing or seeing none, all in favor of the motion say “aye.” Vote on Res. 457-16: The motion to adopt Res. 457-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Wille, and Chair Kanuha – 8. Noes: None. Absent: Council Member Poindexter – 1. Excused: None. CHR. KANUHA: Motion passes. Council Members, it’s 1:10, we haven’t eaten lunch yet, so I think it’s a good time to recess for lunch. I think an appropriate time to come back would be maybe 2:30? Okay, we will recess until 2:30. We are now in recess. Page 64 Hawaiʻi County Council-37 April 6, 2016 Recess: At 1:08 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 2:37 p.m. CHR. KANUHA: Okay, we are coming out of recess and moving on with our agenda. I think we can just go from the top, I really want to just get to these communications, through a few of them. So, Mr. Clerk, can we do Communication 762? Return to Order The Chair directed the Council to return to the order of business. of Business: COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. Comm. 762: REPORT: ATTENDANCE AT COMMUNITY ENTERPRISES WEST HAWAI‘I FORUM REGARDING HAWAI‘I COUNTY’S GENERAL PLAN AND FUTURE IMPACTS From Council Member Maile David, dated March 15, 2016, submitting for the Council’s review. Motion to Close File: Ms. David moved to close file on Comm. 762. Seconded (Approved) by Ms. Eoff. CHR. KANUHA: Ms. David. MS. DAVID: Yeah, really quickly, this is in accordance with HRS Section 92-2. Myself, Council Members Kanuha and Eoff were both at that meeting, so just needed to file this communication. Thank you. CHR. KANUHA: Thank you, Ms. David, any discussion? Hearing or seeing none, all in favor of filing Communication 762 say “aye.” Vote on Comm. 762: The motion to close file on Comm. 762 was carried by the (Filed) following voice vote: Ayes: Council Members David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 6. Noes: None. Absent: Council Members Chung, Paleka, and Poindexter – 3. Excused: None. Page 65 Hawaiʻi County Council-37 April 6, 2016 CHR. KANUHA: Just before we continue, I did get a memo from Council Member Paleka that he will not be attending the rest of this meeting due to illness. So, wish him better. Mr. Clerk, Communication 763. Comm. 763: REPORT: ATTENDANCE AT THE BIG ISLAND DOG RESCUE/HAWAI‘I ISLAND HUMANE SOCIETY COMMUNITY INFORMATIONAL MEETING From Council Member Maile David, dated March 11, 2016, submitting for the Council’s review. Motion to Close File: Ms. David moved to close file on Comm. 763. Seconded (Approved) by Ms. Eoff. CHR. KANUHA: Ms. David. MS. DAVID: Thank you, Chair. This is another communication to report the attendance of myself and Council Members Eoff and Wille at that community meeting in West Hawaiʻi Civic Center, per statute. Thank you. CHR. KANUHA: Thank you, Ms. David, any discussion? Ms. Wille. MS. WILLE: Yes, Nadia was there for Council Member Paleka, and I think actually we should mention that. That there was a staff of a fourth member present. So, I think— CHR. KANUHA: Is it just to mention that? MS. WILLE: So I mentioned that, if you could check at another time if for some reason you need to actually amend it and submit it again, then that’s fine. CHR. KANUHA: Thank you. Ms. David. MS. DAVID: Yes, thank you, Ms. Wille for jogging my memory, and I will check. If I have to redo a letter, I will. A communication. Okay, thank you. CHR. KANUHA: Thank you, Ms. David. And I think it’s sufficient enough just to mention it here on the record that—yeah, don’t ask OIP (Office of Information Practices). Okay. Any other—? Mr. Onishi. MR. ONISHI: Yeah, we’ve been getting a lot of emails. Is this about the dog rescue and about the funding, about the County and so forth? So—I mean have they worked—have they gone and—both sides worked together, or had they got to meet with each other? Page 66 Hawaiʻi County Council-37 April 6, 2016 CHR. KANUHA: Did you—throwing it out to—? MR. ONISHI: To whoever was there and then what—? CHR. KANUHA: Ms. Wille. MS. WILLE: Yeah, I mean this was actually a very good meeting in that it really got them all together, and I felt that they really were on the same page. What do we have to do? And there were—one issue had to do with the County contract and whether it—we actually sort of made this one of our measurable standards for paying Hawaiʻi Humane Society, euthanizing X amount of animals. There was that kind of thing and then it was also how we move forward and do more spaying. All in all, in contrast to the last time they came to the Council, it was very much how do we look at our common objectives and what do we do moving forward? And it was—they did talk about, I wasn’t sure whether it was Ms. Eoff or Ms. David said they’d look at the—I think it was you, Karen, sort of look at the County’s contract. What we do— MR. ONISHI: Can I stop you right there for now? Because well—okay, so the contract that the County has, and this it to my understanding, with the Police Department, has nothing to do I think with anything about the euthanizing or what do they call it? It’s basically for animal control, so for the County’s part of this whole contract, that’s not what we’re contracting them to do. So, was that discussed? MS. WILLE: It was discussed and we looked at the provision in the contract. In other words, the way—if you were told you’re getting money based on this criteria, and this is the criteria used to be giving you money, and one of it is to be euthanizing approximately 14,000 animals or whatever, then that communicates to the Humane Society euthanizing animals. It doesn’t say euthanizing them or otherwise finding a home for them or something like that. MR. ONISHI: Wait, so it is in the contract? It states that the County—? MS. WILLE: Yes, it has, I think it’s under the measurable standards. In other words when you— MR. ONISHI: Do you want to come up, Molly? No, I didn’t want—but I just— because all this— CHR. KANUHA: Just real quickly, I hate to go into too much detail about a contract that I don’t know anything about, that’s not even on the agenda. I know this communication is just for that they attended this meeting and this was— whatever was talked about in the meeting, you can explain, but I don’t know if I really want to go into too much detail about the— Page 67 Hawaiʻi County Council-37 April 6, 2016 MR. ONISHI: I’m just saying, because we’ve gotten all of these emails from them that’s why. And it was great that you folks did go to this meeting that was held in West Hawaiʻi, I mean, but I’m hoping that this thing gets solved because I’ve been getting emails like maybe every once a week at least, right? MS. WILLE: Letters to the editor. MR. ONISHI: I don’t know about that, but I’m just getting emails to myself and also talking about this is what’s happening, dogs could be saved, cats could be saved, and so forth. But when I’ve seen this, it was like all right, that they’re getting together, hopefully, and you guys were there so hopefully—and you guys helped to solve this problem, but I guess not. It was just more listening? MS. WILLE: Well, no, I—can I answer him? I didn’t feel—go ahead. CHR. KANUHA: Mr. Onishi, you’re asking Ms. David? MS. DAVID: Well, at that meeting, basically, we did not—it appeared like we called the meeting, and that’s why Council Member Eoff and I went, because we didn’t call for this meeting. It was pretty much insinuating that the Council was calling this meeting for everybody to get together. But at that meeting, we were listening, basically to what their concerns were and seeing if they could come up with some solutions among themselves. Now, they had a panel of representatives from different organizations, and they had their different opinions about the Humane Society, was being discussed. And of course, the Humane Society was not there, so we—I think I explained or we explained that we’re there to listen. And as far as what the contract says, that is not our jurisdiction, okay? So, I think what Ms. Eoff said that she would look into it and that was all that she said she would do. And maybe she can explain what her comments were, but we were not there to find a solution. We were there to listen to what they’re concerns were, and that’s what I took away from that meeting. And I don’t think I was there to try to help them solve the problem, but see if they could come to some sort of an arrangement or working together. MR. ONISHI: And you mentioned Humane Society was there or weren’t there? MS. DAVID: No, they weren’t there. MR. ONISHI: So then, no can solve the problem if they’re not there. MS. DAVID: Well, there were other organizations there and that’s the whole— that’s the difficulty about that, you know? It was noticed that everybody was coming together, but apparently, one of the organizations, the Humane Society was not there. Page 68 Hawaiʻi County Council-37 April 6, 2016 MR. ONISHI: One of the major players. Okay. Well, I don’t know. Ms. Eoff, you have any comments? CHR. KANUHA: Ms. Eoff. MS. EOFF: Yeah, I’m not sure if this is the right time to talk too much more about it, but just that I believe that there was some good that came out of the meeting, and that I was able to go back to the Humane Society and the Police Department and the community groups to try and convey the message and realize that mostly everybody’s goals are the same. It’s just certain language may need to be updated in the contract. But like Ms. David said, it’s really not our jurisdiction but that, I think, is where there’s a misunderstanding between some of the more vocal community groups who are upset by the numbers of euthanized animals that they think that we are able to renegotiate a contract. But that’s something that’s going to be worked out by the proper— MR. ONISHI: With the Police Department and whoever else? MS. EOFF: Yeah, the proper department. And nobody objects to, I guess improving our statistics, and I think that’s where we’re headed towards with little bit revision and the language, and understanding. Thank you. CHR. KANUHA: Mr. Onishi. MS. WILLE: Yeah, I want to comment. And I do think that your point—but we do approve the budget is you can expect that on the day that it says for animal control, they’re going to be here. They’ll be people here to testify on that point. And I think that’s why it’s good Ms. Eoff brought that up. I had just— MR. MAEDA: Chair Kanuha. CHR. KANUHA: Hold on, Ms. Wille. MR. MAEDA: This is really just notice and it’s not really an agendized item to be speaking about, just to give you that information. It’s just notice of the report. CHR. KANUHA: So there’s no debate on the actual communication? MS. WILLE: It is a communication and I had a different take than what Ms. David— CHR. KANUHA: I thinks it’s okay to let them talk about exactly what happened during the—if there’s any more information about what happened during that meeting that you want to let the public know. Page 69 Hawaiʻi County Council-37 April 6, 2016 MS. WILLE: Particularly because I felt—I wasn’t just there listening, you know? I’m always getting in the way and— CHR. KANUHA: Hopefully you were making recommendations in front of other—to Council Members. MS. WILLE: No, I had just met with the Humane Society the week before on how to work out some of these issues. So I reported on that and tried to work on—I was working on some maybe ordinance—what I was doing, what I’ve done with the Humane Society. So just to clarify, because I didn’t just come and just listen. CHR. KANUHA: Okay, thank you. Thank you for the notice of all three of you attending this meeting, and the staff, and Nadia, who was also in attendance at this meeting. Any other you want to mention? Okay. Motion to file—all in favor of filing Communication 763 say “aye.” Vote on Comm. 763: The motion to close file on Comm. 763 was carried by the (Filed) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Communication 764. Comm. 764: REPORT: ATTENDANCE AT THE WEST HAWAI‘I LANDLORD SUMMIT From Council Member Maile David, dated March 15, 2016, submitting for the Council’s review. Motion to Close File: Ms. David moved to close file on Comm. 764. Seconded by Ms. Eoff. CHR. KANUHA: Ms. David. MS. DAVID: Yes, this is another report of attendance by myself, Council Member Eoff, and first time I got it right, of a staff member, your staff member, Jane Clement, at the Landlord Summit Meeting. So, thank you. CHR. KANUHA: Thank you, Ms. David, any other discussion? Okay, all in favor of filing Communication 764 say “aye.” Page 70 Hawaiʻi County Council-37 April 6, 2016 Vote on Comm. 764: The motion to close file on Comm. 764 was carried by the (Filed) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. We’ll just go down because I know Sharon is here for the HGEA (Hawaiʻi Government Employees Association) one and it’s the next three, so Resolution 337, Draft 2. ORDER OF The Chair directed the Council to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. Res. 337-15 RELATES TO A COUNCIL INITIATED IMPROVEMENT DISTRICT TO (Draft 2): FACILITATE CONSTRUCTION OF PERMANENT IMPROVEMENTS TO NĀLANI STREET, AT HŌLUALOA 4, NORTH KONA, HAWAI‘I, INCLUDING IMPROVEMENT OF THE WATER DISTRIBUTION SYSTEM TO COUNTY STANDARDS, IN ACCORDANCE WITH CHAPTER 12 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO IMPROVEMENTS BY ASSESSMENTS Directs the Manager-Chief Engineer of the Department of Water Supply to prepare and submit a report containing information outlined in Chapter 12, of the Hawai‘i County Code, to initiate the establishment of a water system improvement district for Nālani Street. Reference: Comm. 557.3 Intr. by: Mr. Kanuha Approve: FC-57 Motion to Approve: Ms. Eoff moved to adopt Res. 337-15, Draft 2. Seconded by Ms. David. CHR. KANUHA: Discussion, Council Members? Ms. Eoff. MS. EOFF: So, is this just the next step in this process that we’ve been undergoing? CHR. KANUHA: Yeah, this is—I’ll just answer. This is one of the many steps that you got to take. I mean this is the beginning phase of just initiating them to, what is it? I know we have—do we have—is it Chris? Chris, just for the Council’s knowledge, is our new treasurer? Okay, I know the water department Page 71 Hawaiʻi County Council-37 April 6, 2016 isn’t here today to answer all the more detailed questions, but I think it’d be nice to come and just introduce yourself. (Note: At this time, the County of Hawaii Treasurer Chris Nakano came forward to address the members of the Council.) MR. NAKANO: Hello, my name is Chris Nakano and I’m the treasurer of the County of Hawaiʻi. CHR. KANUHA: Nice to meet you and glad—sorry you’re here all day in the back there and it’s finally coming up now. MR. NAKANO: Sure, no problem. CHR. KANUHA: And this is one of the first things on the agenda. But do you have any knowledge, I know you just started a few—just not too long ago, about what’s going on with this amendment or this improvement district? MR. NAKANO: You know, I do know that this is like the initial, or the first steps that needs to be done to start off an improvement district. It requests the department of water supply to make an estimate and other reports to the Council. CHR. KANUHA: Thank you. Ms. Eoff. MS. EOFF: Thank you. We’ve been through another water improvement district not too long ago, so I know there are many steps that Council goes through and then public hearings, and etc. So, we’ll be following this, and thank you. Nice to meet you and I’m glad you’re on board. MR. NAKANO: Thank you very much. CHR. KANUHA: Okay, Ms. Eoff. Mr. Chung. MR. CHUNG: Yes. Mr. Chairman, is this the same improvement district that came up about three weeks ago? So I’m just wondering, has anything happened with regard to that issue regarding one of residence that Ms. Duffy, who spent a lot of money—? If nothing’s been done, well nothing’s been done, cannot help, yeah? But do you have any information on that? CHR. KANUHA: Sure. You know, nothing really has been in the works and this is kind of just to initiate the process of what could possibly happen over there, the cost that you know—we don’t really know right now, so that’s that process. And I think once it gets to the actual who’s involved and how much each could be paying, and the different outcomes of what Ms. Duffy is talking about, I think that’s another whole step in the whole process. Page 72 Hawaiʻi County Council-37 April 6, 2016 MR. CHUNG: But we’re not going to be involved already with—? CHR. KANUHA: This is just to initiate the process, yeah? MR. CHUNG: But in terms of framing some kind of relief for her, we’re not going to get involved already? CHR. KANUHA: I definitely will be. I want to get involved in how—if it’s even possible. MR. CHUNG: Okay. I mean—but you got it covered in other words? Okay, thank you. CHR. KANUHA: Yeah, because she’s not the only one. There’s several— there’s actually a good amount that have the same issue as Ms. Duffy does, but we can’t move—we can’t even go anywhere without this happening right now. And I’m not saying it’s the best thing for the area or not, but just to start the conversation. Thanks Mr. Chung. Council Members, any other discussion? Okay, hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Res. 337-15: The motion to adopt Res. 337-15, Draft 2, was carried by (Draft 2) the following voice vote: (Adopted) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Thank you, and nice to meet you. MR. NAKANO: Thank you. CHR. KANUHA: Mr. Clerk, Resolution 432. Page 73 Hawaiʻi County Council-37 April 6, 2016 Res. 432-16: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR EXTENSION OF LEASE OF REAL PROPERTY FOR THE OFFICE OF THE PROSECUTING ATTORNEY IN KONA A fourth extension of the lease would be authorized for a two-year period. The first year’s rent would be $12,295.92 per month and the second year’s rent would be $12,690.02 per month. Reference: Comm. 729 Intr. by: Ms. Eoff Approve: FC-58 Vote on Res. 432-16: Ms. Eoff moved to adopt Res. 432-16 and Finance (Adopted) Committee Report No. 58. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Resolution 440. Res. 440-16: COMMITS TO FUNDING THE COST ITEMS AWARDED BY ARBITRATION TO HAWAIʻI GOVERNMENT EMPLOYEES ASSOCIATION UNIT 14 FOR THE CONTRACT PERIOD JULY 1, 2015, THROUGH JUNE 30, 2017 Cost items delineated in the attached exhibits present across-the-board increases, step movements, and lump sum payments for Ocean Safety and Water Safety Officers. Reference: Comm. 739 Intr. by: Ms. Eoff Approve: FC-59 Motion to Approve: Ms. Eoff moved to adopt Res. 440-16 and Finance Committee Report No. 59. Seconded by Ms. David. CHR. KANUHA: Any discussion? Ms. Wille. MS. WILLE: Sharon, can you come forward? (Note: At this time, Human Resources Director Sharon Toriano came forward to address the members of the Council.) Page 74 Hawaiʻi County Council-37 April 6, 2016 MS. TORIANO: My name is Sharon Toriano, I’m the Human Resources Director. MS. WILLE: Okay and I recognized at the last meeting, you explained to us that these were—we were moving certain officers, formerly part of one bargaining unit, and now we’re moving them into something else. Can you just—a question on—so vacations, sick leave, holiday, 21 percent of total increase cost—just tell me what is the—is it vacation? Is this the 21 days of vacation? Sick leave, 21 days? Holidays, 13? MS. TORIANO: Your question about how vacation is accrued is based on the collective bargaining agreement, which is 14 hours per month. But I think if you extend the math, that’s how you’re coming out with the 21 days. MS. WILLE: Okay. And then it says here there’s a 21 percent increase in the cost, so those fringe benefits—and at what point do we—are these—this contract and all of them subject to looking at some of the different items? Like some states have gone to where they combine vacation and sick leave as one deal and put it all into one. So when—is this now—when we vote on this, are we then stamping approval for what period of time, and is this now subject to some overall bargaining period that starts in your—after your 2017? MS. TORIANO: The resolution before you is strictly to recognize bargaining unit 14 and the contract would end on June 30, 2017. MS. WILLE: 2017? MS. TORIANO: Right. th MS. WILLE: June 30, 2017? MS. TORIANO: Right. MS. WILLE: So a year and a few months from now. So the next time that we would be looking at any possible changes to what’s happening in this bargaining unit, would be a year from now? When would discussions for the contracts, July 1, 2017, be under way? MS. TORIANO: It varies by bargaining unit. For this particular bargaining unit, I suspect closer to June, we will be passing— MS. WILLE: This coming June? MS. TORIANO: Yes. We will be passing proposals, employer to union, union to employer. Page 75 Hawaiʻi County Council-37 April 6, 2016 MS. WILLE: Okay. And that would be the same for the other bargaining units, this one along with other bargaining units, right? MS. TORIANO: Right. But again, for HGEA, which bargaining unit 14 is a part of, I’m anticipating that in June, for SHOPO (State of Hawaiʻi Organization of Police Officers), closer to October. But even when I describe the passing of proposals, before that, discussions are already taking place amongst employer group and the union, in their respective groups. MS. WILLE: HGEA, is this something that’s just County? MS. TORIANO: No. MS. WILLE: No, this is the State/County deal? MS. TORIANO: Hawaiʻi government. MS. WILLE: And the last time it happened, it was—the contract was considerably—twice as big as my sense was that the County thought it might be. I’m just looking at—we’re looking at budget, we had all these budget discussions yesterday, people are very concerned, we’re adding their taxes. You know, this is—if you pick out what’s the big item, it’s paying all of us, all the folks. And you look at, you know—so, you know, if we just took one—if I just pick one item out, okay? Taking out vacation, sick leave, holidays, 21 days of vacation, 21 days of sick leave, 13 holidays, and an administrative day or two, you add that up, how much work is lost across the board? It’s a lot. And look at this 21 percent for just these folks, $83,000. Anyway, I’m just trying to put it in context, I know we’re talking about this bargaining unit, but it is part of the bigger budget period thing that we’re moving into. MS. TORIANO: And I’d be happy to contact you later to describe for you the negotiation process because most of your questions, I think, relate to what that process is and where our opportunities might lie. MS. WILLE: Right, and how it impacts the bigger picture. Thanks Sharon. Okay. CHR. KANUHA: Thank you, Ms. Wille, any other discussion? Just real quickly, Sharon. I remember asking this question before and—so if we didn’t approve this, they would have to go back to the table, basically, yeah? MS. TORIANO: That was my response, yes. CHR. KANUHA: Yeah, and—because I did hear that another County wasn’t really fond of these increases and they were thinking about not passing it. So, Page 76 Hawaiʻi County Council-37 April 6, 2016 would—if they had to go back, we all would have to go back because it has to be all as one, right? MS. TORIANO: That is correct. CHR. KANUHA: Okay, thank you. MR. ONISHI: One question since you brought that up. But was this arbitration that was—this deal was done or was it just negotiated? MS. TORIANO: This was an arbitration decision. MR. ONISHI: So, if it’s an arbitration, basically we have to pass it, right? MS. TORIANO: That was the question put before me during the Finance Committee meeting. And the opinion that we are following is that if the Attorney General, which requires the appropriation by the respective legislative bodies in order to fund the decision, and so my answer was we would go back. MR. ONISHI: Wow, because my understanding was all the time was that once it goes into arbitration, and they—because what they do is they find a neutral person to listen to both sides, and that neutral person comes up with— MS. TORIANO: Typically, the panel is a panel of three. The neutral arbitrator is a very important person, and the other two members typically, one from the employer and one from the union. So, that panel— MR. ONISHI: But they listen to both sides, right? MS. TORIANO: Yes, that panel would hear all arguments. MR. ONISHI: Yeah, and then they would decide what is a fair, I guess, contract, correct? MS. TORIANO: Yes. MR. ONISHI: Okay. Thank you. CHR. KANUHA: Thanks Mr. Onishi, any other discussion? Okay, hearing or seeing none, all in favor of the motion to approve say “aye.” Page 77 Hawaiʻi County Council-37 April 6, 2016 Vote on Res. 440-16: The motion to adopt Res. 440-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, and Chair Kanuha – 6. Noes: Council Member Wille – 1. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Thank you, motion passes. MS. TORIANO: Have a good day. Thank you. CHR. KANUHA: You too. Resolution 441. Res. 441-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO NORTH HAWAI‘I HOSPICE FOR ITS VOLUNTEER TRAINING PROGRAM Transfers $5,000 from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits to the Office of Aging, Other Current Expenses account. Reference: Comm. 741 Intr. by: Ms. Poindexter Motion to Approve: Mr. Onishi moved to adopt Res. 441-16. Seconded by Ms. David. CHR. KANUHA: Since Ms. Poindexter isn’t here, I know Ms. Wille was supposed to be saying a few things. Usually Ms. Poindexter just says I hope to support and the—I’m just kidding. Ms. Wille, go right ahead. MS. WILLE: Okay. Apologies. Okay, this is from Valerie Poindexter. “Volunteers are the most valuable asset to any organization, and Hospice, I witnessed their compassion during the most difficult times in a person’s life at tending to their emotional and spiritual needs. It is with great appreciation that we, the County of Hawaiʻi, be able to help support our Hospice volunteers as they continue to provide comfort to those who are seriously or terminally ill.” And let me just add to that. The funding that she is giving is for providing for their training. They go through quite a bit of training, both online and full in- person training, and this will help along that way. So I think you had Catherine Werner here, spoke this morning and she is the Director of the North Hawaiʻi Page 78 Hawaiʻi County Council-37 April 6, 2016 Hospital, and they do a great job, as many of us from North Hawaiʻi know. Thank you. CHR. KANUHA: Thank you, Ms. Wille, any other discussion? Hearing or seeing none, all in favor say “aye.” Vote on Res. 441-16: The motion to adopt Res. 441-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. Res. 442-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE WAIĀKEA HIGH SCHOOL PARENT TEACHER STUDENT ASSOCIATION FOR THE 2016 WAIĀKEA HIGH SCHOOL PROJECT GRAD NIGHT Transfers $1,000 from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits to the Liquor Control, Public Programs account. Reference: Comm. 742 Intr. by: Mr. Onishi Motion to Approve: Mr. Onishi moved to adopt Res. 442-16. Seconded by Ms. Eoff. CHR. KANUHA: Mr. Onishi. MR. ONISHI: Just to let the public know that the Liquor Control will not be buying alcohol for the kids but will be running the money through the nonprofit so that they can have a drug-free and alcohol-free party. Thank you. CHR. KANUHA: Thank you, Mr. Onishi for clearing that up, any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Page 79 Hawaiʻi County Council-37 April 6, 2016 Vote on Res. 442-16: The motion to adopt Res. 442-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Resolution 443 Res. 443-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO ST. JOSEPH SCHOOL FOR THE 2016 ST. JOSEPH HIGH SCHOOL PROJECT GRAD NIGHT Transfers $250 from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits to the Liquor Control, Public Programs account. Reference: Comm. 743 Intr. by: Mr. Onishi Motion to Approve: Mr. Onishi moved to adopt Res. 443-16. Seconded by Ms. Eoff. CHR. KANUHA: Mr. Onishi. MR. ONISHI: Again, I want to just say to the public that Liquor Control is not buying any alcohol, they’re transferring this money to the nonprofit, which is going to be doing a drug and alcohol-free event for these high school graduates. Thank you. CHR. KANUHA: Thank you, Mr. Onishi, any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Res. 443-16: The motion to adopt Res. 443-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. Page 80 Hawaiʻi County Council-37 April 6, 2016 CHR. KANUHA: Motion passes. Resolution 444. Res. 444-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HILO HIGH SCHOOL FOUNDATION FOR THE 2016 HILO HIGH SCHOOL PROJECT GRAD NIGHT Transfers $1,000 from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits to the Liquor Control, Public Programs account. Reference: Comm. 744 Intr. by: Mr. Onishi Motion to Approve: Mr. Onishi moved to adopt Res. 444-16. Seconded by Ms. David. CHR. KANUHA: Mr. Onishi. MR. ONISHI: I think the public knows already, so please support. Thanks. CHR. KANUHA: I was going to say, there’s about a thousand of them coming up. Okay, any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Res. 444-16: The motion to adopt Res. 444-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. Page 81 Hawaiʻi County Council-37 April 6, 2016 Res. 445-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE MATERIALS AND SUPPLIES FOR REPAIRS AND IMPROVEMENTS TO THE COOPER CENTER Transfers $5,750 from the Clerk-Council Services – Contingency Relief account (Council District 6); and credits to the Parks and Recreation, Parks Maintenance Other Current Expenses account. Reference: Comm. 745 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 445-16. Seconded by Mr. Onishi. CHR. KANUHA: Ms. David, go right ahead. MS. DAVID: Thank you. This is yet another funding for the Cooper Center because they have so many repairs and much needed materials that they need to get that place up and running, so appreciate your support. Mahalo. CHR. KANUHA: Thank you, any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Res. 445-16: The motion to adopt Res. 445-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. Page 82 Hawaiʻi County Council-37 April 6, 2016 Res. 446-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF THE FUTURE FOR THE KOHALA SENIOR CITIZENS CLUB, THE WAIKOLOA SENIOR CENTER, AND THE WAIMEA SENIOR CITIZENS CLUB Transfers $6,000 from the Clerk-Council Services – Contingency Relief account (Council District 9); and credits to the Research and Development, Hawai‘i County Resource Center account. Funds would be used for equipment and supplies, facilities improvements, and transportation costs. Reference: Comm. 746 Intr. by: Ms. Wille Motion to Approve: Ms. Wille moved to adopt Res. 446-16. Seconded by Mr. Onishi. CHR. KANUHA: Ms. Wille. MS. WILLE: Yeah. This is to help the three senior clubs in my district that are all very active and really pretty amazing. So this will support them being able to do some additional projects and some of them need equipment from fans or fixing of floors, or whatever. Thank you. CHR. KANUHA: Thank you, Ms. Wille, any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Res. 446-16: The motion to adopt Res. 446-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. Page 83 Hawaiʻi County Council-37 April 6, 2016 Res. 447-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PAY FOR TREES AND BENCHES ALONG ANE KEOHOKĀLOLE HIGHWAY Transfers $10,000 from the Clerk-Council Services – Contingency Relief account (Council District 8); and credits to the Public Works, Administration Other Current Expenses account. Reference: Comm. 747 Intr. by: Ms. Eoff Motion to Approve: Ms. Eoff moved to adopt Res. 447-16. Seconded by Ms. Wille. CHR. KANUHA: Ms. Eoff. MS. EOFF: Just a quick comment to say that these trees and benches are going to be located between the West Hawaiʻi Civic Center and Hina Lani, which also was going to be the location of the first mile segment of what is eventually to be called the Queen’s Lei. It’s a walking and bicycle riding path in Kona and PATH (Peoples Advocacy for Trails Hawaiʻi) has been working with the Department of Public Works for many years now to implement this project. So in the next few weeks, hopefully the community will have a chance to help do some of the work along the pathway, planting trees. Trees are being donated and being bought with some of my contingency funds, and I think they’re going to actually have like a rd blessing for this first segment of the trail, possibly Saturday the 23, but I don’t think that’s firmed up yet. But it’s a really great project that helps our County implement the goals of building a healthier community by providing bicycle and walking paths. So I’m excited to be a part of this project. CHR. KANUHA: Thank you, Ms. Eoff, any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Res. 447-16: The motion to adopt Res. 447-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. Page 84 Hawaiʻi County Council-37 April 6, 2016 Res. 449-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE KEA‘AU COUGARS ATHLETIC BOOSTERS FOR THE 2016 KEA‘AU HIGH SCHOOL PROJECT GRAD NIGHT Transfers $1,000 from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits to the Liquor Control, Public Programs account. Reference: Comm. 750 Intr. by: Mr. Onishi Motion to Approve: Mr. Onishi moved to adopt Res. 449-16. Seconded by Ms. David. CHR. KANUHA: Mr. Onishi. MR. ONISHI: Just asking for your support. Thank you. CHR. KANUHA: Thank you, any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Res. 449-16: The motion to adopt Res. 449-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. Res. 451-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO PĀHOA SCHOOLS SUPPORT FOUNDATION FOR PĀHOA HIGH SCHOOL PROJECT GRAD NIGHT Transfers $1,500 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Liquor Control, Public Programs account. Reference: Comm. 757 Intr. by: Mr. Ilagan Page 85 Hawaiʻi County Council-37 April 6, 2016 Motion to Approve: Mr. Ilagan moved to adopt Res. 451-16. Seconded by Ms. David. CHR. KANUHA: Go right ahead, Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chairman. I just want to state that I have actually quite a few of these, and I just will speak on this one. It’s all about grad nights when students normally take that time to celebrate and go into parties, and that’s when they get involved with alcohol. Well grad night prevents our graduates from going to those parties and having actually a safe place to be when they graduate, and this allows an opportunity for the Pāhoa High School graduates to have a grad night and have a safe environment to where they’re not in reach of alcohol, or drugs, or any type of influence that could damage their future. So I just want to say thanks to the nonprofit and also to the Liquor Department for passing through the money to allow Pāhoa High School to have their grad night, and the other schools that we’ll be talking about. Thank you. CHR. KANUHA: Thank you, any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Res. 451-16: The motion to adopt Res. 451-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. Res. 452-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HILO SKATE PLAZA COALITION, INC., FOR THE 2016 ST. PATRICK’S DAY PARADE Transfers $1,000 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Liquor Control, Public Programs account. Reference: Comm. 758 Intr. by: Mr. Ilagan Motion to Approve: Mr. Ilagan moved to adopt Res. 452-16. Seconded by Ms. David. Page 86 Hawaiʻi County Council-37 April 6, 2016 CHR. KANUHA: Mr. Ilagan. MR. ILAGAN: Thank you. I just want to quickly state that these funds was to help offset some costs for the St. Patrick’s Day parade in Hilo, and there were lots of residents from the Puna area organizing this event. So I just wanted to help them out. Thank you. CHR. KANUHA: Thank you, any other discussion? Mr. Onishi. MR. ONISHI: So the money went to the Hilo Skate Plaza Coalition? MR. ILAGAN: Mr. Chairman? CHR. KANUHA: Mr. Ilagan. MR. ILAGAN: The reason why is because— MR. ONISHI: No, did it go to them? MR. ILAGAN: Yes. MR. ONISHI: And then who is in charge of that? MR. ILAGAN: Who is in charge of it? I’m not sure of the individual, but the person in charge of the parade was Sean— MR. ONISHI: No, I know, but was that like the roller derby girls or something? MR. ILAGAN: I’m not too sure. MR. ONISHI: Okay. Thanks. CHR. KANUHA: Thank you. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Res. 452-16: The motion to adopt Res. 452-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. Page 87 Hawaiʻi County Council-37 April 6, 2016 Res. 453-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KEA‘AU COUGARS ATHLETIC BOOSTERS FOR KEA‘AU HIGH SCHOOL PROJECT GRAD NIGHT Transfers $1,500 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Liquor Control, Public Programs account. Reference: Comm. 759 Intr. by: Mr. Ilagan Motion to Approve: Mr. Ilagan moved to adopt Res. 453-16. Seconded by Ms. David. CHR. KANUHA: Mr. Ilagan. MR. ILAGAN: Thank you for—I ask for your support. CHR. KANUHA: Thank you, any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Res. 453-16: The motion to adopt Res. 453-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. Res. 454-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KŌKUA PĀHOA FOR A REIMBURSEMENT OF EXPENSES RELATED TO THE 2015 HOLIDAY PARADE Transfers $742.06 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Liquor Control, Public Programs account. Reference: Comm. 760 Intr. by: Mr. Ilagan Page 88 Hawaiʻi County Council-37 April 6, 2016 Motion to Approve: Mr. Ilagan moved to adopt Res. 454-16. Seconded by Ms. David. CHR. KANUHA: Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chairman. I just want to also state that this is to offset some expenses for the Pāhoa parade. Thank you. CHR. KANUHA: Thank you, any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Res. 454-16: The motion to adopt Res. 454-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. Res. 455-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KŌKUA PĀHOA TO PROVIDE EQUIPMENT FOR THE PUNA PANTHERS ORGANIZATION Transfers $3,300 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Research and Development, Hawai‘i County Resource Center account. Reference: Comm. 761 Intr. by: Mr. Ilagan Motion to Approve: Mr. Ilagan moved to adopt Res. 455-16. Seconded by Ms. David. CHR. KANUHA: Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chair. I just wanted to state that we need to definitely help out our youth, and this is a way to help them out with their equipment. And I want to wish the Puna Panthers good luck on their season. CHR. KANUHA: Thank you, any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Page 89 Hawaiʻi County Council-37 April 6, 2016 Vote on Res. 455-16: The motion to adopt Res. 455-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. Res. 458-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE WAIĀKEA HIGH SCHOOL PARENT TEACHER STUDENT ASSOCIATION FOR THE 2016 WAIĀKEA HIGH SCHOOL PROJECT GRAD NIGHT Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Liquor Control, Public Programs account. Reference: Comm. 770 Intr. by: Mr. Chung Motion to Approve: Mr. Chung moved to adopt Res. 458-16. Seconded by Mr. Onishi. CHR. KANUHA: Mr. Chung. MR. CHUNG: Yes, thank you, Mr. Chairman. Very briefly, I just wanted to echo the sentiments of my colleagues, Mr. Ilagan, Mr. Onishi, regarding our efforts in trying to provide healthy environments during the graduation night. But especially I wanted to recognize my predecessors here, District 2, Mr. Yoshimoto and Mr. Ikeda who were the ones who started this, and I’m just kind of following through on what they’ve done in the past. I just wanted to make that comment. Thank you. CHR. KANUHA: Thank you very much, any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Page 90 Hawaiʻi County Council-37 April 6, 2016 Vote on Res. 458-16: The motion to adopt Res. 458-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. Res. 459-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO SPECIAL OLYMPICS HAWAI‘I INC. FOR THE ANNUAL BIG ISLAND AREA GAMES Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 7); and credits to the Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 771 Intr. by: Mr. Kanuha Motion to Approve: Ms. Eoff moved to adopt Res. 459-16. Seconded by Ms. David. CHR. KANUHA: Any discussion? Just real briefly, this is a good event for— good event to support. I try to go each year and just glad to be able to support them and looking forward to the rest of you guys’ support as well, so thanks. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Res. 459-16: The motion to adopt Res. 459-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. Page 91 Hawaiʻi County Council-37 April 6, 2016 Res. 460-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HUI ‘AUMĀKUA SPORTS, INC., TO ASSIST WITH TRAVEL EXPENSES FOR PLAYERS AND COACHES Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 773 Intr. by: Mr. Ilagan Motion to Approve: Mr. Ilagan moved to adopt Res. 460-16. Seconded by Ms. David. CHR. KANUHA: Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chairman. This is also to help offset cost for sport teams and this is definitely going to help out the little ones. Thank you. CHR. KANUHA: Thank you, Mr. Ilagan, any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Res. 460-16: The motion to adopt Res. 460-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. Page 92 Hawaiʻi County Council-37 April 6, 2016 Res. 462-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE WAIĀKEA HIGH SCHOOL FOUNDATION FOR EXPENSES RELATED TO THE RECYCLING PROJECT OF WAIĀKEA HIGH SCHOOL’S INTERACT CLUB Transfers $250 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Liquor Control, Public Programs account. Reference: Comm. 775 Intr. by: Mr. Chung Motion to Approve: Mr. Chung moved to adopt Res. 462-16. Seconded by Ms. David. CHR. KANUHA: Go right ahead, Mr. Chung. Okay, thank you, any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Res. 462-16: The motion to adopt Res. 462-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. Res. 463-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE WAIĀKEA HIGH SCHOOL FOUNDATION FOR EXPENSES RELATED TO THE EAST HAWAI‘I BEACH CLEANUP EFFORTS OF WAIĀKEA HIGH SCHOOL’S LEO CLUB Transfers $250 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Liquor Control, Public Programs account. Reference: Comm. 776 Intr. by: Mr. Chung Motion to Approve: Mr. Chung moved to adopt Res. 463-16. Seconded by Ms. Eoff. Page 93 Hawaiʻi County Council-37 April 6, 2016 CHR. KANUHA: Any discussion, Mr. Chung? Any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Res. 463-16: The motion to adopt Res. 463-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. Res. 464-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE WAIĀKEA HIGH SCHOOL FOUNDATION FOR EXPENSES RELATED TO THE MENTORING PROGRAM OF WAIĀKEA HIGH SCHOOL’S KEY CLUB Transfers $250 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Liquor Control, Public Programs account. Reference: Comm. 777 Intr. by: Mr. Chung Motion to Approve: Mr. Chung moved to adopt Res. 464-16. Seconded by Ms. Eoff. CHR. KANUHA: Discussion, Mr. Chung? Thank you, any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Res. 464-16: The motion to adopt Res. 464-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. Page 94 Hawaiʻi County Council-37 April 6, 2016 Res. 465-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE WAIĀKEA HIGH SCHOOL FOUNDATION FOR EXPENSES RELATED TO A COMMUNITY SERVICE PROJECT OF WAIĀKEA HIGH SCHOOL’S STUDENT GOVERNMENT ASSOCIATION FOR THE MAKE-A-WISH FOUNDATION Transfers $250 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Liquor Control, Public Programs account. Reference: Comm. 778 Intr. by: Mr. Chung Motion to Approve: Mr. Chung moved to adopt Res. 465-16. Seconded by Ms. David. CHR. KANUHA: Mr. Chung, any discussion? Any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Res. 465-16: The motion to adopt Res. 465-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. Res. 466-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO ST. JOSEPH SCHOOL FOR EXPENSES RELATED TO ST. JOSEPH HIGH SCHOOL INTERACT CLUB’S INTERNATIONAL STUDENT EXCHANGE PROGRAM Transfers $300 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Liquor Control, Public Programs account. Reference: Comm. 779 Intr. by: Mr. Chung Page 95 Hawaiʻi County Council-37 April 6, 2016 Motion to Approve: Mr. Chung moved to adopt Res. 466-16. Seconded by Ms. Eoff. CHR. KANUHA: Mr. Chung. Yeah, very briefly, hopefully everyone here can see that the four preceding resolutions, and this one, and the one that’s to follow really has a nexus with what we do at the County, whether it be recycling or—and you know, just encouraging our students. We always say we support our young people, but to encourage them to learn different things that will help the County, whether it’s beach cleanup, recycling, or mentoring, clean living. For this one and the next one, it’s really about international exchange. We have our sister city program here and that’s what these high schools, St. Joseph and Waiākea after this, are really trying to advance. So hope I can get your support on this and the next one. CHR. KANUHA: Thank you, Mr. Chung. Mr. Onishi. MR. ONISHI: Yeah, that’s great. When we had the Korean students that came over to Hilo during the middle part of January, they did go and visit St. Joseph school, and the students at the high school level did take the kids around, and then we did have them visit Waiākea High School twice, and they went to stay there for like half a day. So, that’s great. And hopefully, we can have that student exchange where we can—students from here going to Korea for that student exchange. Thank you. Good job. CHR. KANUHA: Thank you, Mr. Onishi, any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Res. 466-16: The motion to adopt Res. 466-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. Page 96 Hawaiʻi County Council-37 April 6, 2016 Res. 467-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE WAIĀKEA HIGH SCHOOL FOUNDATION FOR EXPENSES RELATED TO WAIĀKEA HIGH SCHOOL’S INTERNATIONAL STUDENT VISITATION PROGRAM Transfers $500 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Liquor Control, Public Programs account. Reference: Comm. 780 Intr. by: Mr. Chung Vote on Res. 467-16: Mr. Chung moved to adopt Res. 467-16. Seconded by (Adopted) Ms. Eoff and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. Res. 469-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO ST. JOSEPH SCHOOL FOR THE 2016 ST. JOSEPH HIGH SCHOOL PROJECT GRAD NIGHT Transfers $300 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Liquor Control, Public Programs account. Reference: Comm. 782 Intr. by: Mr. Chung Motion to Approve: Mr. Chung moved to adopt Res. 469-16. Seconded by Ms. Eoff. CHR. KANUHA: Mr. Chung, any discussion? Ms. Eoff. MS. EOFF: No, I just want to say that I think it’s really great that we found a way that we can support our schools in our districts, through this mechanism, and I think it’s really awesome that we can do this. So, thank you, Mr. Chung and Page 97 Hawaiʻi County Council-37 April 6, 2016 everybody else that’s contributing to Project Grad, and other ways that students can benefit from some of our contingency relief monies. CHR. KANUHA: Thank you, Ms. Eoff, any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Res. 469-16: The motion to adopt Res. 469-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. Res. 470-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HILO HIGH SCHOOL FOUNDATION FOR THE 2016 HILO HIGH SCHOOL PROJECT GRAD NIGHT Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Liquor Control, Public Programs account. Reference: Comm. 783 Intr. by: Mr. Chung Vote on Res. 470-16 Mr. Chung moved to adopt Res. 470-16. Seconded by (Adopted) Ms. Eoff and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. Page 98 Hawaiʻi County Council-37 April 6, 2016 Res. 471-16: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF HEALTH, ALCOHOL AND DRUG ABUSE DIVISION, PURSUANT TO HAWAI‘I REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE OFFICE OF THE PROSECUTING ATTORNEY Accepts grant funds in the amount of $110,000 to pay for community organization, evaluation, and planning of a substance abuse prevention system. Reference: Comm. 785 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 471-16. Seconded by Ms. David. CHR. KANUHA: Ms. Eoff. MS. EOFF: Well on the same lines of preventing alcohol abuse, I think it’s great we’re getting this grant and thank you to the Prosecutor’s Office for following through on these programs. CHR. KANUHA: Thank you, Ms. Eoff, any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Res. 471-16: The motion to adopt Res. 471-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. Res. 472-16: AUTHORIZES THE ACCEPTANCE OF THE DONATION OF A SCENT TRACKING DOG FROM THE FRIENDS OF THE MISSING CHILD CENTER-HAWAI‘I, FOR USE IN TRACKING AND LOCATING MISSING PERSONS This canine, with an estimated value of $5,000, would be used by the Police Department’s Hilo Juvenile Aid Section to track and locate missing persons. Reference: Comm. 786 Intr. by: Ms. Eoff Waived: FC Page 99 Hawaiʻi County Council-37 April 6, 2016 Motion to Approve: Ms. Eoff moved to adopt Res. 472-16. Seconded by Ms. David. CHR. KANUHA: Ms. Eoff. MS. EOFF: Okay. I don’t know too much about this, but I did see a dog in the back of a County car in the parking lot the other day, so I’m not sure if it was this one, but I’d like to learn more about this program in the future. CHR. KANUHA: Thank you, Ms. Eoff, any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Res. 472-16: The motion to adopt Res. 472-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. Res. 473-16: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF HEALTH, PURSUANT TO HAWAI‘I REVISED STATUTES 46-7, FOR A GRANT TO MITIGATE THE ISSUE OF ILLEGALLY DUMPED TIRES THROUGHOUT THE COUNTY OF HAWAI‘I Accepts grant funds in the amount of $200,000 to pay motor vehicle tire disposal fees incurred during the removal of abandoned vehicle tires and to assist programs that promote the removal of these tires. Reference: Comm. 789 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 473-16. Seconded by Ms. David. CHR. KANUHA: Ms. Eoff, any discussion? Council Members? Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chairman. This is great to see this from DOH. Ms. Eoff, by chance, do you know any more information? MS. EOFF: No, I don’t know too much more except for that it is a grant and— Page 100 Hawaiʻi County Council-37 April 6, 2016 MR. ILAGAN: I guess the question I would ask is do you know what the total expense has been incurred regarding the disposal of these tires and is $200,000 going to be enough to help dispose of them all properly? MS. EOFF: Well it does say that these funds would cover the cost of motor vehicle tire disposal fees that have been incurred by the County during the Dengue Fever outbreak, and that has occurred over the past year. So, I think it has to—direct connection to the Dengue Fever effort. MR. ILAGAN: That’s the reason why I thought it was great because of the increased tire disposal that’s needed. I don’t think you have the answer and I wasn’t thinking that you would, I just took a chance, but thank you so much. CHR. KANUHA: Thank you, Mr. Ilagan, any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Res. 473-16: The motion to adopt Res. 473-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. Res. 476-16: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTI-FUNCTION COPY MACHINE FOR THE DEPARTMENT OF PARKS AND RECREATION Authorizes the Mayor to enter into a five-year lease agreement at an approximate cost of $80 per month. Reference: Comm. 796 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 476-16. Seconded by Ms. David. CHR. KANUHA: Any discussion? Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chairman. There’s a question and I was wondering if Molly might know, just nod yes or no. Is there a—for the Council to Page 101 Hawaiʻi County Council-37 April 6, 2016 accept this, is there a number amount because I know it requires for a multi-year leases, but is there like a requirement to where it needs to be a certain number? So, for example, this needs to come before Council because it’s a multi-year lease. Is there a threshold on the amount, like over $500—? (Note: At this time, Corporation Counsel Molly Stebbins came forward to address the members of the Council.) MS. STEBBINS: Good afternoon, Molly Stebbins, Corporation Counsel. I’m not sure if I totally understand your question, but if you’re asking if there’s a dollar threshold amount, there is not. If it’s a contract that will involve the appropriation of funds from a future, later fiscal year, then that triggers the requirement for it to come to Council, pursuant to the Charter. MR. ILAGAN: Okay. I’m just curious because we do see a lot of these copy machines, and I’m just thinking maybe at some point, should we—I mean if it gets to a number that’s really ridiculous, I could see why it would come to the Council. But I think having an exemption— MS. STEBBINS: It’s required to come to the Council because it involves a commitment of funds from a future fiscal year, and that’s a Charter requirement. MR. ILAGAN: Yeah. It’s a Charter—it’s not even a Code requirement. Okay, thank you. CHR. KANUHA: Thank you, Mr. Ilagan, any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Res. 476-16: The motion to adopt Res. 476-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. Page 102 Hawaiʻi County Council-37 April 6, 2016 Res. 479-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE TWO SMART SIGNS FOR ĀINALOA BOULEVARDʻ Transfers $20,000 from the Clerk-Council Services – Contingency Relief account (Council District 5); and credits to the Public Works, Transfer to Highway Fund account. Reference: Comm. 801 Intr. by: Mr. Paleka Motion to Approve: Mr. Ilagan moved to adopt Res. 479-16. Seconded by Ms. David. CHR. KANUHA: Mr. Ilagan. MR. ILAGAN: This will definitely help out the Āinaloa Boulevard and ʻ providing a safer place to travel with these two smart signs. CHR. KANUHA: Thank you, Mr. Ilagan, any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Res. 479-16: The motion to adopt Res. 479-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. BILLS FOR The Chair directed the Council to proceed to the next order of business, ORDINANCES Bills for Ordinances (First Reading). (FIRST READING): Page 103 Hawaiʻi County Council-37 April 6, 2016 Bill 158: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL – THREE ACRES (A-3a) TO RESIDENTIAL AND AGRICULTURAL – ONE ACRE (RA-1a) AT PANAʻEWA HOUSE LOTS, WAIĀKEA, SOUTH HILO, HAWAI‛I, COVERED BY TAX MAP KEY: 2-2-051:003 (Applicant: Watanabe Family Trust) (Area: Approx. 2.73 acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to apply for the subdivision of the property into two lots. The applicant plans to convey one lot each, both with existing buildings, to family members. Reference: Comm. 728 Intr. by: Mr. Ilagan (B/R) Approve: PC-49 Vote on Bill 158: Mr. Ilagan moved to pass Bill 158 on first reading and (Approved) adopt Planning Committee Report No. 49. Seconded by Mr. Onishi and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. Bill 171: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Appropriates revenues in the Federal Grants – Substance Abuse Prevention Coordination account ($110,000); and appropriates the same to the Substance Abuse Prevention Coordination account. Funds would be used to pay for community organization, evaluation, and planning of a substance abuse prevention system. Reference: Comm. 785 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to pass Bill 171 on first reading. Seconded by Ms. David. CHR. KANUHA: Ms. Eoff. Page 104 Hawaiʻi County Council-37 April 6, 2016 MS. EOFF: And this was the companion funding for the resolution that we’ve already discussed. So this just transfers the money to the proper account. CHR. KANUHA: Thank you, any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Bill 171: The motion to pass Bill 171 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. Bill 172: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Increases revenues in the Transfer from General Fund account ($20,000); and appropriates the same to the Signs and Markings, Other Current Expenses (Solar Flashing Smart Signs Ainaloa Boulevard) account. Funds would be used to purchase and install two solar flashing smart signs on Ainaloa Boulevard. Reference: Comm. 787 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to pass Bill 172 on first reading. Seconded by Ms. David. CHR. KANUHA: Ms. Eoff. MS. EOFF: Same thing, this corresponds to Resolution 479, which was Councilman Paleka’s contingency relief money for the two smart signs. CHR. KANUHA: Thank you. Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chairman, and thank you, Ms. Eoff. I forgot to mention that it was actually Council Member Paleka who has been working on this project and implementing it, I was just reading and introducing it on his behalf. Page 105 Hawaiʻi County Council-37 April 6, 2016 CHR. KANUHA: Thank you, Mr. Ilagan, any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Bill 172: The motion to pass Bill 172 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. Bill 173: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Appropriates revenues in the Federal Grants – Hawai‘i Criminal Justice Data Center – Case Management System account ($46,000); and appropriates the same to the Hawai‘i Criminal Justice Data Center – Case Management System account. Funds would be used to partially pay for a new case management system for the Office of the Prosecuting Attorney. Reference: Comm. 788 Intr. by: Ms. Eoff Waived: FC Vote on Bill 173: Ms. Eoff moved to pass Bill 173 on first reading. (Approved) Seconded by Mr. Onishi and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. Page 106 Hawaiʻi County Council-37 April 6, 2016 Bill 174: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Appropriates revenues in the State Grants – Abandoned Motor Vehicle Tires account ($200,000); and appropriates the same to the Abandoned Motor Vehicle Tires account. Funds would be used to pay motor vehicle tire disposal fees incurred during the removal of abandoned vehicle tires and to assist programs that promote the removal of these tires. Reference: Comm. 789 Intr. by: Ms. Eoff Waived: FC Vote on Bill 174: Ms. Eoff moved to pass Bill 174 on first reading. (Approved) Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. Bill 178: AMENDS ORDINANCE NO. 15-58, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2015, TO JUNE 30, 2016 Adds the Parks and Recreation, Department of Parks and Recreation Repairs/Improvements to Facilities project for $10 million to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($10 million). Funds would be used to implement much needed projects to repair, renovate, improve, and upgrade the Department’s facilities. Reference: Comm. 793 Intr. by: Ms. Eoff Waived: FC Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Motion to Approve: Ms. Eoff moved to pass Bill 178 on first reading. Seconded by Ms. David. Page 107 Hawaiʻi County Council-37 April 6, 2016 CHR. KANUHA: Ms. Eoff, any discussion? MS. EOFF: I apologize, Mr. Komata was going to be here, but I think it got a little late in the day. It’s pretty self-explanatory though, and I know we have a lot of projects currently underway. So I’m assuming that it was asked to be waived because we’re coming towards the end of the fiscal year. CHR. KANUHA: Thank you, Ms. Eoff, any other discussion? Ms. Eoff. MS. EOFF: I can see to it that someone is here for the second reading. CHR. KANUHA: Okay, any other discussion? Ms. Wille. MS. WILLE: So, is this—this is money for the Honokaʻa Track and Field, or am I getting this mixed up? CHR. KANUHA: I’m pretty sure it’s just a capital improvement, budget amendment to Parks and Recreation for maintenance and repairs— MS. WILLE: Okay. CHR. KANUHA: To the facilities. I don’t know if it’s specific. MS. WILLE: Okay. CHR. KANUHA: Ms. Eoff, am I getting that right? MS. EOFF: I think I’ll make sure that Mr. Komata is here for the second reading so we can find that out. CHR. KANUHA: Okay, any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Bill 178: The motion to pass Bill 178 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. Page 108 Hawaiʻi County Council-37 April 6, 2016 Bill 180: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Increases revenues in the Charges for Services – Elderly Recreation Services (ERS) Section Activities account ($20,000); and appropriates the same to the ERS Section Activities account. Funds would be used for additional ERS classes needed to accommodate the growing number of seniors. Reference: Comm. 797 Intr. by: Ms. Eoff Waived: FC Vote on Bill 180: Ms. Eoff moved to pass Bill 180 on first reading. (Approved) Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. ORDER OF The Chair directed the Council to proceed to the next order of business, THE DAY Order of the Day (Second or Final Reading). (SECOND OR FINAL READING): Bill 143: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Amends Section 24-280 (No parking any time), by adding a portion of Highway 190 (Māmalahoa Highway near Lindsey Road), to Subsection (e), Kohala. Reference: Comm. 677 Intr. by: Ms. Poindexter First Reading: March 16, 2016 Motion to Approve: Ms. Wille moved to pass Bill 143 on second and final reading. Seconded by Ms. Eoff. CHR. KANUHA: Ms. Wille. Page 109 Hawaiʻi County Council-37 April 6, 2016 MS. WILLE: I just want to explain. This is really right at the main intersection in Waimea, where—the elementary school is there. This will add—put up more no parking signs so that there’s more visibility where the kids would be coming out and around in the cars. CHR. KANUHA: Thank you, any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Bill 143: The motion to pass Bill 143 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 7. Noes: None. Absent: Council Members Paleka and Poindexter – 2. Excused: None. CHR. KANUHA: Motion passes. Next item. Bill 149: AMENDS ORDINANCE NO. 15-58, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2015, TO JUNE 30, 2016 Adds the Parks and Recreation Honoka‘a Track and Field and Stadium Improvements project for $1.5 million to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources. Funds would be used for a new track and field, stadium, and appurtenant improvements at Honoka‘a Park. Reference: Comm. 692 Intr. by: Ms. Poindexter First Reading: March 16, 2016 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Motion to Approve: Ms. Wille moved to pass Bill 149 on second and final reading. Seconded by Ms. Eoff. CHR. KANUHA: Ms. Wille. MS. WILLE: Now, I just want to get clear this is adding it to the CIP (Capital Improvement Plan), or this is putting—giving the money for it? I think she said last time it’s putting it on the CIP, right? It’s not that we’re now adding another bond item— Page 110 Hawaiʻi County Council-37 April 6, 2016 CHR. KANUHA: This is going on the CIP. MS. WILLE: Just to be very clear. Okay. CHR. KANUHA: Yeah, the bond is a different item. MS. WILLE: So then whatever the Mayor picks out of the things on the CIP— come in and—oh, we’re not going to look at it? Fresh says we’re not going to look at it. CHR. KANUHA: Look at what? Wait, we’re not—we’re just on this CIP for Honokaʻa. MS. WILLE: But I just want to understand. This system sort of slips and slides and I’m not picking on the Honokaʻa stuff, but I just want to get the full drift here. CHR. KANUHA: For capital improvements, they need to be on the list. MR. ONISHI: Yeah, they need to be on— MS. WILLE: So they need to be on the list, and then if you recall last time we did the budget, all of a sudden we got this 99 list—99 million and it has like little—five or six words for different kind of items. MR. ONISHI: Different projects. MS. WILLE: Like two million for tennis courts, it doesn’t say anything and that’s how this is done. And that’s not—then we either accept it or reject it, or say that we’d like to take some of the things in Fresh’s district over to Margaret’s or stuff like that, right? MR. ONISHI: You could amend it. MS. WILLE: You could amend it? MR. ONISHI: You could have amended it. MS. WILLE: You could have amended it? MR. ONISHI: Yeah, but it’s too late. MS. WILLE: But it’s too late once the— MR. ONISHI: Once we approved it. Page 111 Hawaiʻi County Council-37 April 6, 2016 MS. WILLE: Once we approved the 99— MR. ONISHI: Million dollar bond. MS. WILLE: Yeah, right. MR. ONISHI: Okay, and so we just—like earlier, we just gave our approval for them to use $10 million from the GO (General Obligation) bonds. MS. WILLE: We just did what for 10 million? MR. ONISHI: The 10 million. MS. WILLE: Oh, the 10 million for—yeah, we did 10 million for the repairs and improvements and so that’s going into that— MR. ONISHI: Parks and Recreation. MS. WILLE: Parks and Recreation. MR. ONISHI: And they—and they’ll use it for whatever projects. MS. WILLE: And they’ll use it for whatever projects. MR. ONISHI: Yes. MS. WILLE: Right. And so what we’re saying here is just that whatever projects are on the CIP, can then be picked out for the money that we approve? MR. ONISHI: Correct. MS. WILLE: So it’s all pretty loose. I just wanted to make that point. MR. ONISHI: Yes. MS. WILLE: You know, here it is. I mean I’ve been trying to pin my tennis court down now. CHR. KANUHA: You can add it. MS. WILLE: And it’s—I just—far as—the public, you know, ask us where we’re approving, I just want you to know, public, who’s out there, it’s—the CIP issues are not pinned down as to what they’re for. We sort of, all of us Council Members, put things in and then the Mayor, or the administration comes along Page 112 Hawaiʻi County Council-37 April 6, 2016 and says, “I like his, I like hers, I don’t like this one,” and puts it on and then we get a list that’s like 99 million, it’s like one page long. MR. ONISHI: No, that’s it, already. MS. WILLE: Oh, that’s it? MR. ONISHI: Yeah, we approved the $99 million bond, okay? We gave them the authorization, appropriation to do that, right? And then so now— MS. WILLE: Speak up because I don’t think people can hear you. MR. ONISHI: Okay, so now—well I’m just making sure you understand. MS. WILLE: I know, but I also want the public to understand. CHR. KANUHA: Okay, Ms. Wille, just—Mr. Onishi, you have the floor. MS. WILLE: Okay, go ahead. MR. ONISHI: Okay, so we already approved the $99 million bond, okay? Now yeah—and then—so now, like Ms. Poindexter’s project, this track and field, it’s going to go on the CIP list, okay? So you need to have—if your projects in your district—you need to get it on the list. Then from there, the administration decides which projects they want to do and which projects they’re going to fund from that $99 million. MS. WILLE: Or whatever amount we were to put on the new—? MR. ONISHI: Yeah. Say you want to float another bond, but before—like the end of this year—and then you could put your projects on that list. MS. WILLE: Okay. MR. ONISHI: Could be funded with that bond. MS. WILLE: So I’m just trying to tell our public, who’s sitting right out here, that’s how this works. You know, when we say we approve this, gets on a list, then the administration goes down, picks out which ones it wants. Or here, like we approved 10 million to go to Parks and Recreation, and then if you look at the slip, it says for new projects or repairs, and island-wide—and we don’t know necessarily where it goes. MR. ONISHI: Correct. Page 113 Hawaiʻi County Council-37 April 6, 2016 MS. WILLE: So there is a little bit of looseness in terms of accountability. No? CHR. KANUHA: No, the Council has to approve the monies that are appropriated to these Capital Improvement Projects. MS. WILLE: Okay, when we come up to the budget and we get that one page list of like tennis courts for two million—I’m just want to get it clear. CHR. KANUHA: Put your projects on a CIP amendment—amend the CIP budget if they’re not on that list. MS. WILLE: Okay. I just want to work on really understanding how this budget works and how much—and people—I’m getting a lot of concerns on how it works, what happens, and just getting it clear. CHR. KANUHA: Okay, thanks. Ms. Wille, I’m just going to give it to Ms. Eoff and then Mr. Chung. MS. EOFF: Okay, thank you. I just wanted to clear up one thing, is that when we did authorize the bond amount, there were projects specifically named in there, but until the administration can prioritize which projects there either, not necessarily like, you know, you just said pick and choose, but sometimes it’s what project is ready to go and there might be other funding that comes in that they can put towards it. So they do prioritize those projects and they were line item not for a dollar amount but for the roads and parks. They were named in the bond that was from— MS. WILLE: Okay, I appreciate that, and it’s just— CHR. KANUHA: Ms. Wille, I just want to keep it so we don’t stay here another hour. Ms. Eoff, you still have the floor. Mr. Chung. MR. CHUNG: Yeah, and I don’t want to belabor the point, but actually, I can understand Ms. Wille’s hoo hoo and I—she’s talking about the tennis courts and you know, this is something I can bring up and we can both bring up during the course of departmental reviews. I don’t want to take up you guys’ time, but you know, she definitely has a concern that’s valid. You know, but Ms. Wille, with regard to your question, if it’s an island-wide appropriation, then basically the administration can do whatever they want. I mean it’s island-wide, right? They set the priorities. With regard to the bond float, you know, we’re under the impression that when we issue the $99 million bond float, it was for a specific project. One of the problems that we’re going to encounter though, are the cost overruns. I mean you know—and the increasing cost. And we don’t know what kind of effect that’s Page 114 Hawaiʻi County Council-37 April 6, 2016 going to have on the ultimate build out of each of these projects and then that’s something we have to ask again, but we can save that for another time. I really do apologize, Mr. Chairman. CHR. KANUHA: No, thanks for bringing that up because it is affecting a lot of the projects that were on this past bond appropriation, so— MS. WILLE: And I don’t want to apologize, I want to say one more thing. CHR. KANUHA: Wait. Okay, I’ll give you the floor after Mr. Ilagan. MS. WILLE: Okay, that’s fine. CHR. KANUHA: Ms. Wille. MS. WILLE: So, you know, part of my concern is here like the Waimea district park, which we’ve been working at trying to get in since 1992. It was promised, we’re now doing it and it was on that original bond and yet it’s—we’re way over, right? But if we can cut out— MR. ILAGAN: Point of order. MS. WILLE: No, you hold on. CHR. KANUHA: Wait, he said a point of order. Mr. Ilagan, just state your point of order. Point of Order: MR. ILAGAN: Okay, I was going to say something that you guys are really getting off subject on Bill 149. CHR. KANUHA: I agree. I just—if we could just stay on the capital improvement. MS. WILLE: Okay, but no, I’m pointing—let’s look at that. What we’re looking at is something new, okay? We’re looking at a new project and how—and what Mr. Chung just brought up is the high-cost overruns. CHR. KANUHA: For the bonds—eventually, later on, but this is specific to a capital budget amendment. MS. WILLE: Okay. There are competing budget items so I’m just saying we bring in new ones, we look at them, we put them on, and then we don’t even have the money to finish ones that we’ve been working on for 20 years. So I just want to bring that up and it’s—how these things—I think that I’m going to want more understanding when the administration comes forward. I feel like we ran that $99 Page 115 Hawaiʻi County Council-37 April 6, 2016 million bond and I don’t feel that we did scrutinize it and give it a hard look and what are we doing? It just was all these great things in all the different areas and that we need to be more circumspect. Okay. CHR. KANUHA: I hope to—hope you support Bill 149. Okay, thank you. Council Members, any other discussion on Bill 149? Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Bill 149: The motion to pass Bill 149 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 6. Noes: None. Absent: Council Members Chung, Paleka, and Poindexter – 3. Excused: None. CHR. KANUHA: Motion passes. Next item. Bill 159: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Appropriates revenues in the Federal Grants – Hawai‘i Airport Task Force account ($52,644); and appropriates the same to the Hawai‘i Airport Task Force account. Funds would be used to reimburse the County for overtime incurred by officers working with the DEA to disrupt the flow of illicit drug trafficking. Reference: Comm. 730 Intr. by: Ms. Eoff First Reading: March 16, 2016 Motion to Approve: Ms. Eoff moved to pass Bill 159 on second and final reading. Seconded by Ms. David. CHR. KANUHA: Ms. Eoff. MS. EOFF: I’m just going to say for the next four items, those are all federal grants coming in to pay for these items, so they’re all grants. CHR. KANUHA: Thank you, Ms. Eoff. Mr. Onishi. MR. ONISHI: Yeah, thank you, Mr. Chair. Yeah, I think the testifier earlier today, this morning, had talked about I think like—I think he thought the County was paying for this expense, and it’s a reimbursement from the federal Page 116 Hawaiʻi County Council-37 April 6, 2016 government. So it’s not like the County is using tax payers’ money to pay, or property tax money to pay for this expense. So I just wanted to make that clear with the public. Thank you. CHR. KANUHA: Thank you, Mr. Onishi, any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Bill 159: The motion to pass Bill 159 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 6. Noes: None. Absent: Council Members Chung, Paleka, and Poindexter – 3. Excused: None. CHR. KANUHA: Motion passes. Next item. Bill 160: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Appropriates revenues in the Federal Grants – Organized Crime Drug Enforcement Task-Force account ($50,000); and appropriates the same to the Organized Crime Drug Enforcement Task-Force account. Funds would be used to reimburse the County for overtime incurred by officers working with the FBI on specified investigations or strategic initiatives. Reference: Comm. 731 Intr. by: Ms. Eoff First Reading: March 16, 2016 Vote on Bill 160: Ms. Eoff moved to pass Bill 160 on second and final (Adopted) reading. Seconded by Mr. Onishi and carried by the following voice vote: Ayes: Council Members David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 6. Noes: None. Absent: Council Members Chung, Paleka, and Poindexter – 3. Excused: None. CHR. KANUHA: Motion passes. Next item. Page 117 Hawaiʻi County Council-37 April 6, 2016 Bill 161: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Appropriates revenues in the Federal Grants – Hawai‘i Fugitive Task Force account ($11,095.40); and appropriates the same to the Hawai‘i Fugitive Task Force account. Funds would be used to reimburse the County for overtime incurred by officers working with the United States Marshal Service for the enforcement and capture of fugitives wanted under the Hawai‘i Fugitive Task Force Initiative. Reference: Comm. 732 Intr. by: Ms. Eoff First Reading: March 16, 2016 Vote on Bill 161: Ms. Eoff moved to pass Bill 161 on second and final (Adopted) reading. Seconded by Mr. Onishi and carried by the following voice vote: Ayes: Council Members David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha – 6. Noes: None. Absent: Council Members Chung, Paleka, and Poindexter – 3. Excused: None. CHR. KANUHA: Motion passes. Bill 162. Bill 162: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2016 Increases revenues in the Federal Grants – Victims of Crime Act account ($935,273); and appropriates the same to the Victims of Crime Act account. Funds would be used by the Office of the Prosecuting Attorney’s Victim Assistance Unit to support the Victim of Crimes Act program. Reference: Comm. 733 Intr. by: Ms. Eoff First Reading: March 16, 2016 Page 118 Hawai`i County Council-37 April 6, 2016 Vote on Bill 162: Ms. Eoff moved to pass Bill 162 on second and final (Adopted) reading. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha–6. Noes: None. Absent: Council Members Chung, Paleka, and Poindexter–3. Excused: None. CHR. KANUHA: Motion passes. Mr. Clerk,before we move to adjourn can you go through the fifty pages of—we got everything? Okay. ADJOURN There being no further business, at 4:11 p.m., Ms. David moved to adjourn the MENT: meeting. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Council Members David, Eoff, Ilagan, Onishi, Wille, and Chair Kanuha–6. Noes: None. Absent: Council Members Chung, Paleka, and Poindexter- 3. Excused: None. CHR. KANUHA: We are adjourned. OCT 0 4 2017 Council Approval: COUNTCLERK SM/jm Page 119