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HomeMy WebLinkAboutMIN COUNCIL 2015/01/07 2014-2016 Hawaiʻi County Council rd 3 Session Hawaiʻi County Building 25 Aupuni Street Hilo, Hawaiʻi January 7, 2015 INVOCATION: Pastor Bob Tominaga of Thy Word Ministries, gave the morning’s invocation. CALL TO The regular meeting of the Hawai‘i County Council was called to order at ORDER: 9:05 a.m., in the Council Chambers, Hilo, by Mr. Dru Mamo Kanuha, Chair. ROLL CALL: Present: Mr. Dru Mamo Kanuha, Chair Ms. Valerie T. Poindexter, Vice Chair Mr. Aaron S. Y. Chung, Member Ms. Maile “Medeiros” David, Member Ms. Karen Eoff, Member Mr. Greggor Ilagan, Member Mr. Dennis “Fresh” Onishi, Member (came in later) Mr. Danny Paleka. Member Ms. Margaret Wille, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of Allegiance. ALLEGIANCE: (At this time, Ms. Poindexter 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 Expression of Condolence. CERTIFICATES OF MERIT, AND (There were none.) EXPRESSIONS OF CONDOLENCE: STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak, and came forward when called by the Chair: Dwight Vincente: Res. 35-15 (Comm. 44), comment. Hawai‘i County Council-3 January 7, 2015 Renē Siracusa: Res. 25-15 (Comm. 27) and (representing the Puna Community Res. 32-15 (Comm. 37), in support. Medical Center) Marsha May: Bill 6 (Comm. 20) and Res. 36-15 (Comm. 43), in support. Darren Rosario: Comm. 53, in support. (representing the Fire Department) APPROVAL The Chair directed the Council to proceed to the next order of business, OF MINUTES: Approval of Minutes. (There were none.) COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. Comm. 53: APPOINTMENT OF DEANNA SAKO AS FINANCE DIRECTOR From Mayor William P. Kenoi, dated December 23, 2014, submitting for the Council’s confirmation the above appointment. Waived: FC ; and Comm. 53.1: From Mayor William P. Kenoi, dated December 26, 2014, stating that Ms. Sako’s appointment is effective January 1, 2015. Motion to Approve: Ms. David moved to confirm the appointment of Ms. Deanna Sako as Finance Director. Seconded by Ms. Poindexter. CHR. KANUHA: Okay, Council Members, it is open for discussion. But first we’d like to have our esteemed Mayor come up, as well as Ms. Sako. Good morning. Press your button on the bottom. MAYOR KENOI: You guys make me all nervous. You know why, brah? Get like nine of you, brah, and only one of me. I want to say good morning, Mr. Chairman, and to all of distinguished members of our Hawaiʻi County Council. First of all, hau‘oli makahiki hou. I hope everybody had a great time, good time with your families. Celebration of a year gone by, and really, also a celebration of exciting new things to come in 2015. I really look forward to the next 12 months Page 2 Hawai‘i County Council-3 January 7, 2015 together. We use words “honor” and “privilege.” It’s almost part of saying something, “I’m honored, I’m privileged, I’m humbled.” But in Hawaiʻi we say it because we mean it, right? We mean it. We just no say it because sound good or it’s the right thing to say. I’m honored, privileged, humbled. I mean that, to sit next to a leader, a wonderful person, one brilliant fiscal manager. In honoring Deanna Sako, I got to aloha and mahalo Nancy Crawford. Is Nancy here? Nancy Crawford, you guys, the outgoing Finance Director, for six years I got to work with the very best. The very, very best. Taking office at the onset of the great recession where even smart Finance people look at you and they get that look like they feel sorry for you because you in trouble, braddah. Global financial systems collapsed. Lehmen Brothers, 150 year affordable financial institution collapsed. Like for real, this was on. We had to cut the budget four years in a row. Never done in the history of the County of Hawaiʻi, four reductions in a row. Sitting with the smartest, the best, the brightest, I have Bill Takaba. But this incredible team, people, their competence was only matched by their integrity. I knew when I looked across from them they was telling me the truth. I knew they had thought of every possible option and alternative before presenting something. We had great, lively, passionate conversations throughout the years. But, Nancy, you were truly the most professional, caring, compassionate, wonderfully brilliant person. I had the true honor and privilege of working with you. So thanks eh, Nancy. We really appreciate you. I hope you enjoy your retirement with your husband because you deserve it. Whew, poor thing, yeah? Her got to work with me all these years. Thank you, Nancy. So upon Nancy’s retirement, the first thing I had to do was “book it.” Find Deanna, grab her, and just hold on to her leg like that. Nah, nah. I think it’s a great team continues. Deanna is super sharp, super brilliant. Those of you who’ve worked with her know. You guys, when we got to submit to you one $416 million dollar budget, we sit at this table ready to answer any question about any appropriation for any department because that’s our job. True team player. I think all of you have known. I think when I’ve talked to each of you at different times and you guys asked me a question I never know, I would just ask all of you, “Hey you guys, go talk to Deanna, go talk to Nancy. Go ask them whatever you like.” Most Councilperson I meet, I tell them, “As soon as you get elected, go sit down with Nancy and Deanna. Go ask them whatever you like ask them about any department because they’ve got it.” They’ve worked hard at creating a team that got it too. At the end of the day, when I was first—I’ve said this before, but when I was first elected, people say, “Hey, how you going pick one cabinet, brah? You going pick these guys?” I said, “Whew, I don’t know, brah. I had to make it simple, because if I make it complex I get confused. I had to make it simple so I know exactly the Page 3 Hawai‘i County Council-3 January 7, 2015 type of person we like, and no can be just a guy wen will grab your sign or help you out. Got to be the very best that you can find because this island, our community, our people, they deserve the very best. I would say, “Got to have the three E’s before you even consider them. Now, what is that? They got to have the education, the experience, and the expertise to lead because each of these department heads are CEOs (Chief Executive Officer), right? They get one whole budget, personnel, everything. But got to have one more, and that’s the three C’s. You’ve got to be courageous because you got to make difficult decisions. You got to be committed to this community, and you got to be caring and compassionate, and that’s Deanna. I’m so happy she’s agreed to serve as the Director of Finance. I truly, humbly ask and respectfully request your support for her nomination as Director of the Department of Finance. When we say we truly have the best and the brightest, Deanna Sako, she’s the best, she’s the brightest. I’m honored to serve with her, and look forward to the next two years. Because I know, not just me or my administration but all of us, we’re in good hands, we’re in good hands. So mahalo, you guys. Thank you very much. CHR. KANUHA: Mahalo, Mayor Kenoi. Ms. Sako, we’ll just have you go first before I ask for discussion from the other Council Members. MS. SAKO: Thank you, Mayor, for those kind words. MAYOR KENOI: I abandoning you. MS. SAKO: That’s okay. I’m really looking forward to continuing to work with the eight division heads of Finance that are behind me and the rest of the Finance team. Without them, I wouldn’t be where I am today. But mostly, without Nancy’s and Bill Takaba’s leadership and mentorship, I probably wouldn’t be where I am today. So, I’m looking forward to working with all of them as well as continuing to work with the other departments. They’ve been very understanding during these rough economic times. Everybody’s pitched in together as a team, and I know we’ll continue to work as a team going forward. So, thank you. CHR. KANUHA: Thank you, Ms. Sako. Okay, open for discussion. I saw Ms. Poindexter’s light on first, so I’m going to ask Ms. Poindexter to go first. MS. POINDEXTER: As the past Finance Chair, I had the honor and the privilege. Like Billy said, “We say that because we mean that.” Being my first term in office, I was a little scared, nervous. And I want to thank Nancy, also, because you have learned from the best mentor anyone could ever Page 4 Hawai‘i County Council-3 January 7, 2015 have. It was so welcoming. You had open-door policy. You made it very comfortable for me to learn all about what I needed to learn. To become what I felt, was a good Finance Chair, and I thank you for that. Because even allowing me to corner you in the restroom–when I know you had to—I just want to say—I mean any way that I could catch and ask you questions. So thank you for being such a wonderful and kind soul, and a brilliant person; and teaching me a lot, what I needed to know about the budget and why things were happening the way they needed to happen. I am so happy that the Mayor has appointed you because the County needs someone like you. I am very, very, comfortable knowing that you’re in that position. So, thank you for giving of your time and being of service to all of us here. Thank you. CHR. KANUHA: Thank you, Ms. Poindexter. I think I saw—Ms. Wille’s on next. MS. WILLE: Hi, Deanna. Yes, and Mayor Kenoi did a very good job appointing you. Thank you very much. Anyway, I worked with both Nancy and Deanna on the Real Property Tax Task Force. It was a real privilege, and they were great to work with. There were a lot of nuances and a lot of how we just set politics aside and do what’s best for the County. I think we all sort of had that mission in mind, and it made it much easier. And, as well, appreciating Stan Sitko. So I just want to say how great it was working for you. The one other thing I wanted to mention, is the TAT (Transient Accommodations Tax) Task Force that you’re on. I think that they’re actually meeting today, and we have you here. Just so you know, that’s something that I’ve worked on for years, long before I got into the politics, and testifying on that and the history of it. I do feel that there is somewhat—Hilo, I mean not Hilo, Honolulu-centric and State-centric. So I just want you to know, if there’s things we can do or I can do to be supportive. We did look at that report, from the last meeting here, and discussed it somewhat yesterday. I’m just trying to encourage you to be really strong here. It talked about how that legislation was passed for the benefit of the State. The Legislature is—specifically, it was for the counties; and to be 95 percent to the counties, five percent administrative to the State. The other issue that will come up, is also the allocation between the counties. I do think—like the Convention Center, it’s not listed as a County, but really that’s part of what goes to Honolulu. I’ll only take a minute more on this. But, she is the boss here. I mean, over in Honolulu they appoint the Chief of Staff. They—I Page 5 Hawai‘i County Council-3 January 7, 2015 mean I’ve talked to people who are tending it, and they’re like—this is where you get, in the bottom line, what the task force says. Then just focusing on the cap. Obviously, that would be something that we would want to remove. As long as we have the cap, it undermines the whole idea of our having an incentive to bring in more of those funds. It just puts it—that it will be—goes someplace else. I think the State’s point was, “Well, the economy was bad, and we’re only temporarily putting this cap here,” and we kept going, “How can we trust that?” Well, now we see what’s happening. So I really just want to say that this is something that’s been important to me. It is our second largest source of income. As you and I were working on the real property tax and amendments, the whole idea is that we wanted to add fairness. But, we weren’t trying to go out. And how do we just sort of burden our counties with our County’s residence? So, I want to say how much I appreciate you. I’m here for you, as I’m sure we all are. Thank you very much. And thanks to Nancy, as well. CHR. KANUHA: Thank you, Ms. Wille. Ms. Eoff. MS. EOFF: Thank you, Mr. Chair. Good morning and congratulations on this appointment. Although it’s hard to say good-bye to Nancy, it’s very reassuring that you’ve been so well-mentored and trained for this position, the times that you have come forward to explain things to this Council or to speak to us individually. I’m sure we all feel very comfortable knowing that you’re going to be there in the future. I’d like to take this opportunity to thank the team in the Finance Department, because every single person there is like awesome and helpful and down to earth, and willing to explain to those of us who have little understanding all the way to those of us who are more seasoned in budget and finance issues. But you folks treat everybody the same and with respect both ways. I think we’re going to go forward in a very positive term coming up. I also wanted to say that the addition of Lisa to the team is exciting and really hopeful for us. So I think all-in-all everybody has said what I feel, and I just wanted to echo that. Thank you again. MS. SAKO: Thank you for those comments. And for those of you that don’t know, Lisa Nahoopi-Miura is our new Deputy Director of Finance and she’s from the Real Property Tax department. Page 6 Hawai‘i County Council-3 January 7, 2015 CHR. KANUHA: Thank you. Before I move further, can I ask the remote sites, if their microphone is on, can you please turn it off? We’re getting some static over here. Thank you. Ms. Eoff, are you finished? Okay, Ms. David. MS. DAVID: Good morning and congratulations, Deanna. I just want to echo what everyone else has been saying about your character and your compassion. I have worked with you and Nancy for the last, I guess, almost 10 years, in different levels of my position on the Council and every step of the way. You have been so upfront, honest, and helpful, that it really helped me in my term on this Council. So, I really look forward to working with you and Lisa. Thank you, Mayor. What a beautiful choice. So I look forward to doing good things with the Finance Department and the administration in this term. Aloha and mahalo. CHR. KANUHA: Thank you, Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chair. Good morning, Ms. Sako, I want to say that as the ex-Vice Finance Chair I’m lucky that I didn’t have to corner you at the bathroom. Because my responsibility wasn’t as high as the Chair, I really didn’t do anything but facilitate meetings. But I just want to say you really helped me see the reality in Finance, also, Ms. Crawford. Because coming into this Council position, I had a lot of fantasies, dreams. I still have a lot of dreams but not as much fantasies anymore. But I thought that—like this is just a simple number, just to get it out there. I thought that you can stretch $10. But when it comes to Finance, $10 is $10, not 15, not $20, or $30, to fill all the needs out there in the community. It’s $10. We need to figure out how to make it $11 or $12, and that’s the hardest part. You helped me see that. You’re very open. You’re willing to sit down with me and go through each of the process. I really respect that. And I really appreciate it, as a person who was learning the process and was really, very inexperienced, and now just a little bit more. But I want to say, like the Mayor and the Council Members mentioned, you have a lot of integrity, and for me that means a lot because my core value is integrity first. Just like what the Mayor said, about your skills and your experience matches your integrity. That means a lot. I want to say congratulations on your appointment. I also want to take this time to thank Ms. Crawford for all the work that she has done. Because your leadership meant a lot to learning the process too, so I just want to say thank you. Congratulations. Page 7 Hawai‘i County Council-3 January 7, 2015 CHR. KANUHA: Thank you, Mr. Ilagan. Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman. Congratulations, Deanna. I’m going to talk about you in a little while, but first—I really didn’t know that Nancy was going to be here. As all of you know, because you guys all signed a certificate recognizing her retirement, we didn’t get to present it to her today. It was presented at her retirement party. But, I’m going to read this. The reason why I want to read it, it really echoes what Mayor Kenoi said about her and what others have expressed about her. So if you would indulge me, this was signed by all of the Council Members. (At this time, Council Member Chung read Ms. Nancy Crawford’s Certificate of Merit, in recognition of her retirement as Finance Director of the County of Hawai‘i, see Exhibit “A,” attached.) MR. CHUNG: Congratulations, Nancy. And now, with Deanna. Deanna, you and I have worked together many, many, years, right even before this incarnation. I thought you and Nancy really made a good team. It’s like a Ying and Yang almost. I don’t know which one is better, but together it was fantastic. You bring a toughness that I think we really need. I look forward to working with you over the next two years. A lot of credit was bestowed upon Mayor Kenoi, about being—selecting you, and rightfully so. But really, could there have been anybody else? Congratulations, Deanna. MS. SAKO: Thank you. CHR. KANUHA: Thank you, Mr. Chung. Mr. Paleka. MR. PALEKA: Deanna, I just want to say congratulations also. And being the new kid on the block, just want to wish you all the best. I look very much forward to working with you. I mean, your reputation precedes you. I know we’re going to have a good future ahead of us with fiscal matters being in your hands. All the best. MS. SAKO: Thank you. CHR. KANUHA: Thank you Mr. Paleka. Oh, I’d like to, for the record, note that Mr. Onishi is in the house. Would you like to say anything? MR. ONISHI: Just congratulations and I look forward working with you. We’ve been working for the past, what, six years now? I think we developed a good relationship. I look forward to helping you out. Whatever I can do to—and then I know you would help me out. Thank you. Page 8 Hawai‘i County Council-3 January 7, 2015 MS. SAKO: Thank you. CHR. KANUHA: Thank you. Seeing no other discussion, I just want to briefly say a few things. I don’t want to repeat anything else that everybody else has said. Keep it short and simple. But I just want to mahalo you for everything that you’ve done, helped us with the last few years. It’s been incredible working with you. The working relationship was—to myself, my staff—yourself, Ms. Crawford, and everybody else on your staff has been amazing. The constituents just say mahalo for everything that you both do and everybody in your department. Looking forward to working with you these next few years and looking forward to some great things happening in our County. Mahalo, Mayor Kenoi, for appointing her. Awesome choice. And, of course, mahalo, Ms. Crawford, for your years of service. It’ll be a fun couple of years. But again, looking forward to working with you. And, congratulations. Okay, we’ll do a roll call on the confirmation on Ms. Sako. Vote on Comm. 53: The motion to confirm the appointment of Ms. Deanna Sako (Approved): as Finance Director was carried by the following roll call vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Thank you very much. You have been confirmed. Thank you. Mr. Clerk, we’ll take a brief recess. Recess: At 9:51 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 10:02 a.m. CHR. KANUHA: We are now out of recess. I’ve been asked to take a few items out of order. If it’s okay with the Council Members, I’d like to start with the Prosecutor’s Office. With Resolution 31-15, if that’s okay? Okay, Mr. Clerk, Resolution 31-15 Change Order As directed by the Chair and with no objection from the Council Members, of Business the following items were taken out of order: Page 9 Hawai‘i County Council-3 January 7, 2015 Res. 31-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE 2015 HAWAIʻI ISLAND WOMEN’S LEADERSHIP FORUM Transfers/appropriates $2,000 out and from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits the same to the Office of the Prosecuting Attorney, Committee on Status of Women, Miscellaneous Contract Services account (2015 Hawaiʻi Island Women’s Leadership Forum). Funds would be used towards speaker fees and to rent a facility for the forum. Reference: Comm. 36 Intr. by: Ms. Poindexter Motion to Approve: Ms. Poindexter moved to adopt Res. 31-15. Seconded by Ms. Eoff. (Note: At this time, Prosecuting Attorney Mitch Roth came forward to address the members of the Council.) CHR. KANUHA: Ms. Poindexter, you have the floor. MS. POINDEXTER: Yes, I’d like to thank the Prosecutor’s Office. And, Mitch, do you want to come up and say—oh, you’re okay? Okay. I want to thank the office for hosting this, through the Committee on Status of Women, hosting a leadership forum for women, and the empowerment for women to be in more of a leadership role. So that’s what the monies are being given for and I think there are other Council Members who will also be doing that as well. So, thank you for hosting this for our women in Hawaiʻi County. Thanks. Aloha. CHR. KANUHA: Thank you, Ms. Poindexter. Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chair. Thank you. And I do want to make a rule suspension on our voice vote. Not a voice vote, the roll call because it’s Council day, and allow voice vote for this Council meeting. CHR. KANUHA: Okay, that was a motion to suspend the rules to allow for voice voting during Council. Page 10 Hawai‘i County Council-3 January 7, 2015 Vote on Motion to Mr. Ilagan moved to suspend Council Rule 10 to allow Suspend Council voice votes. Seconded by Mr. Paleka and carried by the Rules: following roll call vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Thank you. We can now go on to the main motion, 31-15. All in favor of 31-15 say “aye.” Vote on Res. 31-15: The motion to adopt Res. 31-15 was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Resolution 31-15 is adopted. Okay, now moving on to page 7, Resolution 36-15. Res. 36-15: CREATES A SUPERVISING DEPUTY PROSECUTING ATTORNEY POSITION (TEMPORARY) FOR THE OFFICE OF THE PROSECUTING ATTORNEY The position would oversee the Department’s Specialized Sexual Assault Unit and be paid for with funds from the Fiscal Year 2013 Edward Byrne Memorial Justice Assistance Grant. Reference: Comm. 43 Intr. by: Ms. Eoff Waived: FC Page 11 Hawai‘i County Council-3 January 7, 2015 Vote on Res. 36-15: Ms. Eoff moved to adopt Res. 36-15. Seconded by (Adopted) Ms. Poindexter and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Okay, I think there’s one more from the Prosecutors. Order of the day, Bill 323. Bill 323, Mr. Clerk. Bill 323: AMENDS ORDINANCE NO. 14-82, AS AMENDED, RELATING TO PUBLIC (2012-2014) IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2014, TO JUNE 30, 2015 Adds the Prosecutor’s Office Prosecuting Attorney Office Building - West Hawai‘i project for $9.6 million to the Capital Budget. Funds for the project shall be provided from General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources. Funds would be used to plan and construct an Office of the Prosecuting Attorney building on the grounds of the West Hawai‘i Civic Center. Reference: Comm. 1155 Intr. by: Ms. Poindexter First Reading: December 17, 2014 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. Poindexter moved to pass Bill 323 on second and final reading. Seconded by Ms. David. CHR. KANUHA: Is there any discussion? Ms. Wille. MS. WILLE: Yeah. Can you come up, Mitch? (Note: At this time, Prosecuting Attorney Mitch Roth came forward to address the members of the Council.) MS. WILLE: Yeah, I strongly support your department, strongly support you having all the adequate room. I do, at the same time, have some concerns about adding another building there, right in the gulch, and the one open-area view for the Civic Center. Page 12 Hawai‘i County Council-3 January 7, 2015 Also, just fiscally, in terms of the amount of money and in terms of exploring, I think we do under-utilize the buildings that are there. I know that the Chair said, “Well, we’re growing and this will fill up,” but I do think that we do have under-utilized them. I also wondered about the State building. I know that’s this courthouse. I know that’s State, we’re County. But if that was looked at at all, of having the Prosecutor’s Office fenced and be part of that building and not building a separate room. So, I’m just—here we’re talking millions of dollars and we’re talking—therefore, we’re not doing “x.” I do know you need this space, but I think a lot times it’s always the assumption we have to go build a new building, and not how can we incorporate or combine. Just if you have any comments that help to reassure me, that actually there was some brainstorming and looking at all those alternatives. You could use my office down there, if you wanted to. MR. ROTH: Well, first of all, thank you. And, good morning to everybody. My name is Mitch Roth. I’m the Prosecuting Attorney for the County of Hawaiʻi. After our last Council meeting, we did talk to David Yamamoto and asked if there was any space that will be able to handle our office under it’s current, you know, with just the current numbers. Mr. Yamamoto, who was with Public Works who oversees that building, said that there’s no way we’d be able to do that at this time. I know that many buildings on the mainland, they have Prosecutor’s Offices in the courthouses. Generally, those Prosecutor’s Offices are State Prosecutor’s offices or District Attorney’s offices. They’re a State courthouse. We’re a County and State, so there’s a little bit of an issue there. I don’t even think they’re putting in the Public Defender’s office, which is a State office, into the courthouse building. The other thing that is looked at, we’ve gone to testify for the new State courthouse, which is really facilitating this need for us to move. They’re not sure if they’re getting all the money that they were asking for to build their super structure. So, right now it is very needed. I know Mr. Chung is an attorney, has been down to Kona courthouses. It is kind of a mess down there. It’s down in Captain Cook. One of the issues that we’re having right now, and I’m glad we’re on TV, because we’ve been having a difficult time finding employees, legal clerks, to go down to work in the Kona office. It’s down in Captain Cook, and it’s just kind of out of the-way. You have to have some legal experience to do that. We think that by moving to the West Hawaiʻi Civic Center, that will dramatically increase our number of people that will apply for positions down there, as well. Page 13 Hawai‘i County Council-3 January 7, 2015 But we have looked in. We did some searching. After our last Council meeting, we specifically went. We talked to Mr. Yamamoto about just the questions you’re asking and about moving into the (inaudible) room. They said that actually when they planned that building, that’s how it was planned. MS. WILLE: Okay, but regardless of how they planned it, that it is the one space that’s opened to the ocean from there, where we can visualize. MR. ROTH: Right. MS. WILLE: And I don’t know what the—how it is. Anyway, the bottom line is you feel that it was explored, and not just because it was planned there and fill in that box and create—we’re suddenly—anyway. MR. ROTH: Yeah, we specifically asked, based on your concerns from the last meeting, those questions. MS. WILLE: Okay. MR. ROTH: So we know that it was explored earlier and then we went back and re-explored that. MS. WILLE: Thank you. I appreciate that. MR. ROTH: You’re welcome. CHR. KANUHA: Thank you, Ms. Wille. Is there any other discussion? Hearing or seeing none, all in favor say “aye.” Vote on Bill 323: The motion to pass Bill 323 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Bill 323 is adopted. MITCH ROTH: Thank you very much. Page 14 Hawai‘i County Council-3 January 7, 2015 CHR. KANUHA: Thank you, Mr. Roth, Prosecutor Roth. Was there any others? I know we have a few people from Puna that were—yes, can you—which resolution was that? 25-15? Okay, we’ll start with Resolution 25-15. Res. 25-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO PUNA COMMUNITY MEDICAL CENTER FOR THE ANNEX CLINIC Transfers/appropriates $4,632.71 out and from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits the same to the Civil Defense Agency, Civil Defense Agency Other Current Expenses, Miscellaneous Contract Services account (Puna Community Medical Center). Funds would be used towards operational or rental expenses. Reference: Comm. 27 Intr. by: Mr. Ilagan Motion to Approve: Mr. Ilagan moved to adopt Res. 25-15. Seconded by Mr. Paleka. CHR. KANUHA: Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chair—I’m going to figure out how to configure this desk right now. But I just want to say, if Ms. Siracusa can come up? If you don’t mind, please? Thank you. While she’s coming up, I just want to explain why the odd number first. The odd number is because that is the last amount of contingency funds that I have, and I th have no more contingency funds till June 30. So I just want to let everybody know out there, if you come, I have to say “no” because I have no money left. But, I want to bring up Ms. Siracusa because of the fact that it was her who kept on initiating the talk and the discussion and kept on pushing the need for this. I want to say this is going to be for having—you guys are coordinating a kind of like a center for all the medical services that’s needed once the lava flow crosses Highway 130. She has been doing a lot. I want to give her some time because she has been doing a lot of work coordinating all these different agencies, and it’s not easy. A lot of medical professions have busy schedules and it’s really hard to get everybody together. So, I just want to have her take a little bit more time. I know she did a testimony, to just explain how this process came to be and where it’s at now. (Note: At this time, Rene Siracusa, representing the Puna Community Medical Center, came forward to address the members of the Council.) Page 15 Hawai‘i County Council-3 January 7, 2015 MS. SIRACUSA: Well, it started off that we were—before the lava, when we were considering, we were looking at how we could cut cost so that we could provide more services. So we thought, well, we’ve got this humongous electric bill, and what if we put solar panels on the roof so we could disconnect from HELCO (Hawai‘i Electric Light Company)? Because our little 800 square foot clinic has no windows, so everything is—air conditioning is on all of the time and it really runs up the bill. So I went and spoke to Mr. Ilagan about helping us with putting solar panels on the roof. And he said, “Well, talk to our landlord; if he approves, if he says that the roof is strong enough,” blah, blah, “you can do it.” So we got that permission and we were all ready to go ahead with it, when suddenly Tutu Pele made other plans for us. So I went back to Greggor and I said, “Can we switch the purpose of the appropriation? We have a need that is more pressing?” The need was—you see, we are a nonprofit. Our exempt purpose, according to the IRS (Internal Revenue Service) and why they gave us a nonprofit status, is to provide readily accessible health care. So that readily accessible is a really important point, because if lava crosses 130, there is a whole bunch of people who can’t get to medical care, then it’s not readily accessible and we’re not doing our exempt purpose. But it’s also a question of aloha and compassion as well as being good neighbors. So, Greggor was okay with that. Then, we went through couple of different variations, and meanwhile the lava kept coming down, and then lava stopped, and then the lava moved somewhere else. Meanwhile, we had to make adjustments. There were not that many empty places that were possible for us. A clinic can’t go just anywhere. It’s not like you move from one house to another. There’s all these other requirements, like ADA (American Disabilities Act), for example. HRPA (Human Resources Professional Association), of the privacy concerns, nobody should be able to look in a window while people are in the doctor’s office. So, there’s all just stuff like that. You shouldn’t be able to hear through the walls, what a doctor is saying to a patient. There’s all sorts of special needs. So, there weren’t that many options for us to move if the lava came down. We had to grab what we could, even if it was a little maybe too soon. But we couldn’t afford to wait and then not have a clinic at all for the people in Puna. Meanwhile, we’ve been working with FEMA (Federal Emergency Management Agency). We’ve been working with Civil Defense, which is very much in support of what we’ve been doing. Kona Community Hospital donated a medical van to us, you know about that, so that we could outreach the outlying coastal communities. We invited Clinical Labs., which moved out of Pāhoa Market Place, if they wanted to use the van for that purpose. It would be parked right next to us, and it would be real easy to do Page 16 Hawai‘i County Council-3 January 7, 2015 samples back and forth. We offered it to Longs Drugs, if they—and that’s still possible. Maybe they want to use the van to dispense medicine now that they no longer have the big store. They’ve closed that down. So, we’re looking at all these other possibilities to help increase—it doesn’t help to go to a doctor if you can’t get your meds, right? So, we’ve been looking at all of these possibilities and how we can maximize the use. Meanwhile, we have a lease in the old place. We have a lease in the new place. We’re paying double-rent, double-electricity. We had to pay the movers. We had all this other stuff. We are seeing like a good 30 patients a day, and that’s seven days a week, including New Years day. We were jammed on New Years day. We had to stay open an extra two hours on New Year’s Day because we had so many patients. So, we really need the help. And I really appreciate Mr. Ilagan is willing to scrape the bottom of the barrel there. MR. ILAGAN: Well, I also want to mention, Ms. Siracusa’s house had a potential threat of being covered by lava, while she’s doing all this, so there’s a lot of things that’s been going on. MS. SIRACUSA: I’m not asking for help with that. MR. ILAGAN: I really do respect all of the community efforts that you’ve been spearheading. And anything that I could do to help, it’s more— MS. SIRACUSA: Oh, I’ll remember that. Thank you. MR. ILAGAN: Sounds good. Also, remember this, for the people who’s going to be potentially being in the ad hoc committee for the nonprofit grants, when this nonprofit comes in—because of the fact that Puna, one of the major services that’s greatly needed, which is on the medical side, because it takes more than an hour to get to Hilo. It’s greatly needed. Sorry, to take all that time. I just felt that this was very important, and I had to mention it. I hope you will support this reso. And, good to go. CHR. KANUHA: Thank you, Mr. Ilagan. Any other discussion? Hearing or seeing none, all in favor say “aye.” Page 17 Hawai‘i County Council-3 January 7, 2015 Vote on Res. 25-15: The motion to adopt Res. 25-15 was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Resolution 25-15 is approved. MR. ILAGAN: And, Mr. Chair? CHR. KANUHA: Yes. MR. ILAGAN: May I make a—if we could suspend our rules for the 5-day hold, so this resolution can move forward? Vote on Motion to Mr. Ilagan moved to Suspend Council Rule 15 to waive the Suspend Council 5-day hold for reconsideration of Res. 25-15. Seconded by Rules: Mr. Paleka and carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Okay, that passes. Okay, moving on to Resolution 32-15. Res. 32-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO PUNA COMMUNITY MEDICAL CENTER FOR EQUIPMENT AND MATERIALS Transfers/appropriates $10,000 out and from the Clerk-Council Services – Contingency Relief account (Council District 5); and credits the same to the Department of Research and Development, Hawai‘i County Resource Center, Miscellaneous Contract Services account (Puna Community Medical Center). Reference: Comm. 37 Intr. by: Mr. Paleka Motion to Approve: Mr. Paleka moved to adopt Res. 32-15. Seconded by Page 18 Hawai‘i County Council-3 January 7, 2015 Mr. Onishi. CHR. KANUHA: Mr. Paleka, you have the floor. MR. PALEKA: Thank you. Thank you again, Rene, for all your work. I was very honored to assist in moving this request forward. I know all the hard work you do. It was a pleasure seeing the van, which some of these funds go toward. But I would just also like to echo what my fellow Councilman Greggor suggested in terms of the continued help that we can give to Puna Community Medical Center because it’s a greatly needed resource out there that we really, really need. I’m just happy that we can assist in any way. It was a pleasure doing this for you. Thank you very much. MS. SIRACUSA: Thank you. MR. PALEKA: I just hope everybody approves. I’d also like to request that the 5-day delay be waived. MR. ILAGAN: Second. CHR. KANUHA: We’ll do the vote on this first, so we can do the motion afterwards. So any other discussion on Resolution 32-15? Hearing or seeing none, all in favor say “aye.” Vote on Res. 32-15: The motion to adopt Res. 32-15 was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Resolution 32-15 is approved. MR. PALEKA: So I move to avoid that 5-day delay? MR. ILAGAN: Second. CHR. KANUHA: So the motion on the floor is to suspend our rules to waive the 5-day holdover. Page 19 Hawai‘i County Council-3 January 7, 2015 Vote on Motion to Mr. Paleka moved to Suspend Council Rule 15 to waive the Suspend Council 5-day hold for reconsideration of Res. 32-15. Seconded by Rules: Mr. Ilagan and carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: That motion passes. MS. SIRACUSA: Thank you very much, all of you. CHR. KANUHA: Thank you, Ms. Siracusa. Okay, let’s just—any other out of order, or can we just move to the top of the agenda? Okay, Mr. Clerk we’ll just go to the top, Order of Resolutions, Resolution 24-15. Return to Order The Chair directed the Council to return to the order of business. of Business: ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Res. 24-15: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE 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 $240 per month, which includes 5,000 copies. Reference: Comm. 25 Intr. by: Ms. Eoff Waived: FC ; and Comm. 25.1: From Finance Committee Chairperson Karen Eoff, dated December 24, 2014, requesting this matter be waived from the Committee on Finance to the full Council for immediate action. Page 20 Hawai‘i County Council-3 January 7, 2015 Vote on Res. 24-15 Ms. Eoff moved to adopt Res. 24-15. Seconded by (Adopted) Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Resolution 24-15 is approved. Did we have to⸻and file all related communications, right? It’s okay? MR. HENRICKS: It’s okay with it, essentially. CHR. KANUHA: Okay, Resolution 26-15. Res. 26-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR A BOOM TRUCK FOR THE PANAMERA RAINFOREST ZOO AND GARDENS Transfers/appropriates $12,600 out and from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits the same to the Department of Parks and Recreation, Panaʻewa Zoo Equipment, Motor Vehicle account (Maintenance Vehicle). Reference: Comm. 28 Intr. by: Mr. Onishi Motion to Approve: Mr. Onishi moved to adopt Res. 26-15. Seconded by Mr. Paleka. CHR. KANUHA: Mr. Onishi, you have the floor. MR. ONISHI: Yes, I was hoping Pam Mizuno is here but I understand that she’s across the street, at the P&R’s (Parks and Recreation) office. I’m hoping she’s going to be coming soon. But this is to help, well, this boom truck is going to be helping them at the zoo to help with the trees that they have there and also with the roof and stuff like that. They got this truck from one of those auctions. What I understand is that she’s very good in getting this kind of equipment. I don’t know if she has connections or not. But then, I’ve heard that she is good; so, Members, if you folks want in your districts or maybe need something, you guys can go and ask her for help, right? But I was hoping that she’s here. Page 21 Hawai‘i County Council-3 January 7, 2015 Oh, and then also, I guess this will help with treating the fire ants at the zoo, too. So, I’m asking for your support. CHR. KANUHA: Thank you, Mr. Onishi. Did you want to wait for her to come or did you want to move forward? MR. ONISHI: Nah, we can just move forward, yeah. CHR. KANUHA: Okay. Any other discussion? Hearing or seeing none, all in favor say “aye.” Vote on Res. 26-15 The motion to adopt Res. 26-15 was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Resolution 26-15 is approved. Resolution 27-15. Res. 27-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HOPE SERVICES HAWAIʻI, INC., FOR THE 2014 HILO HOLIDAY PARADE Transfers/appropriates $3,000 out and from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits the same to the Department of Parks and Recreation, Parks and Recreation Administration Other Current Expenses, Miscellaneous Contract Services account (Hope Services Hawai‘i, Inc. - 2014 Hilo Holiday Parade). Reference: Comm. 29 Intr. by: Mr. Onishi Motion to Approve: Mr. Onishi moved to adopt Res. 27-15. Seconded by Mr. Paleka. CHR. KANUHA: Mr. Onishi. MR. ONISHI: Yeah, as you noticed, this is for the 2014 parade, Christmas parade. So, this funding is to help offset their expenses. What happen is that Lehua Jaycees, they’re kind of—their membership is getting very low. So in Page 22 Hawai‘i County Council-3 January 7, 2015 order to get this parade going, they had to get some members to come back and organize this parade. But then, what they found out is that they didn’t have enough funds. Had some other miscommunication within the other associations and so forth. So they came to my office asking if there was any way we could find some funding for them to pay for some expenses that they had. So, that’s what this money is for. I’m hoping that next parade, that Christmas parade, is that they will be able to get funding from other associations or other avenues, or also maybe doing a fundraiser on their own to get some more funds to provide that parade for the people in Hilo. So, I’m asking for support. Thanks. CHR. KANUHA: Thank you. Any other discussion? Hearing or seeing none, all in favor say “aye.” Vote on Res. 27-15 The motion to adopt Res. 27-15 was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Resolution 27-15 is approved. Okay, Resolution 28-15. Res. 28-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KEAUKAHA ONE YOUTH DEVELOPMENT FOR ITS REVEALING INDIVIDUAL ST STRENGTHS FOR EXCELLENCE 21 CENTURY AFTER SCHOOL PROGRAM Transfers/appropriates $8,000 out and from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits the same to the Department of Parks and Recreation, Parks and Recreation Administration Other Current Expenses, Miscellaneous Contract Services account (Keaukaha One Youth Development). Reference: Comm. 30 Intr. by: Mr. Onishi Motion to Approve: Mr. Onishi moved to adopt Res. 28-15. Seconded by Mr. Ilagan. Page 23 Hawai‘i County Council-3 January 7, 2015 CHR. KANUHA: Mr. Onishi. MR. ONISHI: Okay, this is to help Parks and Rec., giving money to this Keaukaha One Youth Development Program. You all know that I always support youth programs. I want to continue seeing that they can provide these activities for the kids in Keaukaha and also Panaʻewa. Also, what I understand is that way back, like about two or three years ago, or maybe even four, they used to have kids from out Pāhoa side. Some of the money that was used, was to transport the kids back and forth. So I think some of this $8,000 dollars will go to help with transportation to continue that service. But then also, I just noticed that Pam Mizuno came in. Mr. Chair, would it be possible for her to just say a few words since she’s within Parks and Rec, but then maybe on a different subject? CHR. KANUHA: If we could—well, is she going to talk about this subject first? MR. ONISHI: Oh, she could maybe mention something about it, yeah. CHR. KANUHA: If it’s in with close context to our discussion on Resolution 28-15. No? MR. ONISHI: Better not? Okay. Better not, okay. CHR. KANUHA: Yeah. MR. ONISHI: Okay yeah, so I’m just asking for support. CHR. KANUHA: Okay thank you, Mr. Onishi. Any other discussion? Hearing or seeing none, all in favor say “aye.” Vote on Res. 28-15 The motion to adopt Res. 28-15 was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Thank you, Resolution 28-15 is approved. Resolution 29-15. Page 24 Hawai‘i County Council-3 January 7, 2015 Res. 29-15: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE 2014 SURFER’S HEALING HAWAIʻI Transfers/appropriates $500 out and from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits the same to the Department of Parks and Recreation, Parks and Recreation Administration Other Current Expenses, Miscellaneous Contract Services account (2014 Surfer’s Healing Hawaiʻi). Funds would be used to purchase refreshments and supplies. Reference: Comm. 32 Intr. by: Ms. Poindexter Motion to Approve: Ms. Poindexter moved to adopt Res. 29-15. Seconded by Ms. David. CHR. KANUHA: Ms. Poindexter MS. POINDEXTER: This is a—I’m sure a lot of you know about the Surfer’s Healing that was founded by Israel and Daniel Paskowitz, with their son who had autism. He recognized that the son being in the water gave him calm and healing. I was not able to go to this event, but one of my staff members were able to attend and I got to see the pictures. It’s just so heartwarming to see a lot of our surfers on this island come and take care of our children with disabilities and surf with them. It was just an incredible sight. I guess for them, for those surfers as well, it’s such a gift for them as well, besides the gift for the children. So, I am looking forward to supporting this next year. I hope you all look at this event and see how we can come together. Because they do it for all of Hawaiʻi County, yeah? A lot of it is done in Council Member Onishi’s district, and thank you. A lot of good things happen in Keaukaha. So I look forward to working with you on supporting a lot of the events happening on your side. Because they do service the rest of our island. And I know they’ve been helping even the Brantley Center, Hāmākua District, and things that happen in Keaukaha. So, thank you. Wonderful things happen in Keaukaha. Aloha. CHR. KANUHA: Thank you, Ms. Poindexter. Mr. Onishi. MR. ONISHI: Oh, I’m sorry. CHR. KANUHA: You’re all good? Okay, Any other discussion? Hearing or seeing none, all in favor say “aye.” Page 25 Hawai‘i County Council-3 January 7, 2015 Vote on Res. 29-15 The motion to adopt Res. 29-15 was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Resolution 29-15 is approved. Council Members, before we get to Resolution 30-15, I’d like to take a brief five or ten minute recess. Recess. We’re in recess. Recess: At 10:35 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 10:46 a.m. CHR. KANUHA: We ready? Okay, we are coming out of recess. We will skip Resolution 30-15, and I think we can put that after our Finance discussions. We’ll just go to Resolution 37-15. (Note: At this time, the Chair announced that Res. 30-15 would be read in later, out of order.) Res. 37-15: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF AGRICULTURE (DOA), PURSUANT TO HAWAI‘I REVISED STATUTES SECTION 46-7, TO PROVIDE THE STATE WITH A DESIGNATED HOLDING FACILITY AT THE PANA‘EWA ZOO Agreement authorizes the Panaʻewa Zoo to provide a holding facility to safeguard non-domestic animals that are prohibited from entering the State, until such time that they can be shipped out of the State. Reference: Comm. 44 Intr. by: Ms. Poindexter Waived: PWPRC Page 26 Hawai‘i County Council-3 January 7, 2015 Vote on Res. 37-15: Ms. Poindexter moved to adopt Res. 37-15. Seconded by (Adopted) Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: 37-15 is approved. Okay, we’ll move up a page earlier, 33-15. Res. 33-15: AUTHORIZES THE ACCEPTANCE OF 25 40-FOOT SHIPPING CONTAINERS FROM MATSON Donated by Matson to the Civil Defense Agency with an estimated value of $1,000 each; would be used by County departments and certain nonprofit organizations for emergency storage during times of disaster. Reference: Comm. 38 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 33-15. Seconded by Ms. David. CHR. KANUHA: Ms. Eoff, you have the floor. MS. EOFF: I was wondering if you’d—yeah. (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: Good morning. Deanna Sako, Director of Finance. Civil Defense wasn’t able to be here today. They have there hands full with many of the incidents happening around the island. But on the shipping containers, we’re extremely grateful to Matson for donating to us, just to have—for County agencies as well as nonprofits, to be able to store their items when they have to do these last minute moves, we never know where the lava is going. So, we’re just extremely grateful for this donation. MS. EOFF: Thank you. I just also want to say thank you to Matson, for this is obviously going to be a great help for us if we need housing, and et cetera. CHR. KANUHA: Are you finished? Yield? Page 27 Hawai‘i County Council-3 January 7, 2015 MS. EOFF: Yes. CHR. KANUHA: Yield? Thank you, Ms. Eoff. Any other discussion? Hearing or seeing none, all in favor say “aye.” Vote on Res. 33-15: The motion to adopt Res. 33-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Resolution 33-15 is approved. Resolution 34-15. Res. 34-15: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE DIGITAL MULTI-FUNCTION COPY MACHINE FOR THE DEPARTMENT OF FINANCE Authorizes the Mayor to enter into a five-year lease agreement at an approximate cost of $175 per month. Reference: Comm. 39 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 34-15. Seconded by Ms. Poindexter. CHR. KANUHA: Ms. Eoff. MS. EOFF: Pretty self-explanatory. But, I’m sure you need it. Okay, thank you. CHR. KANUHA: Any other discussion? Hearing or seeing none, all in favor say “aye.” Page 28 Hawai‘i County Council-3 January 7, 2015 Vote on Res. 34-15: The motion to adopt Res. 34-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Resolution 34-15 is approved. Resolution 35-15. Res. 35-15: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE STATE OF HAWAI‘I DEPARTMENT OF TAXATION, PURSUANT TO HAWAI‘I REVISED STATUTES SECTION 46-7, THE STATE AND THE COUNTY TO SHARE DATA The MOU would allow the State Department of Taxation to share data with the Finance Department, which would allow the County to confirm whether real property owners are validly receiving homeowner exemptions from real property tax and whether the appropriate classification is being applied to said properties. Reference: Comm. 40 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 35-15. Seconded by Ms. Wille. CHR. KANUHA: Ms. Eoff. MS. EOFF: Lisa or Deanna, do you want to explain? MS. WILLE: I’d like to speak, too. CHR. KANUHA: Ms. Eoff has the floor right now. MS. WILLE: Okay. MS. EOFF: I know this is just offering an additional tool for the Property Tax Office, but maybe you can explain it a little more further. (Note: At this time, Deputy Finance Director Lisa Miura came forward to address the members of the Council.) Page 29 Hawai‘i County Council-3 January 7, 2015 MS. MIURA: Good morning. My name is Lisa Nahoopii-Miura, and I’m the Deputy Director of Finance. On behalf of the Real Property Tax Office, all this MOU (Memorandum of Understanding) is allowing us is to verify whether someone has filed an income tax return in the State of Hawaiʻi. It’s not having the State of Hawaiʻi provide us any other information beyond that. MS. EOFF: I’ll yield at this time. CHR. KANUHA: Okay. Thanks, Ms. Eoff. Ms. Wille. MS. WILLE: Thank you, Lisa, for coming forward. I just want say this has been part of what the task force worked on. The task force wasn’t just working on what kind of new legislation we passed, but also being supportive of the Finance Department and their efforts. As you recall, or those of you who were on the Council last term, we voted in terms of assuring that people that do get the exemption as residents are in fact residents on this island. So by ensuring that they’re filing their income tax here, then that is an easy way to verify it rather than just having—going by intent to be here. Really, there was no way to enforce or no way to verify, so this is one of the tools that’s been added. Help to be fair, and make sure that what’s being done is accurate. So, I urge you to support this. CHR. KANUHA: Thank you, Ms. Wille, for the education. Any other discussion? Hearing or—oh, Mr. Paleka. MR. PALEKA: I just had one question. So with the—and thank you for coming forward. In regard to the tax information, are you verifying the tax exemption and referencing the address that they’re claiming on the tax return? MS. MIURA: No, we’re actually just verifying whether they filed State of Hawaiʻi income tax returns. So we would provide a list to the State, and the State would verify “yes” or “no.” MR. PALEKA: Okay, thank you. CHR. KANUHA: Thank you. Ms. Wille, your light’s on. Any other—? MS. WILLE: No. CHR. KANUHA: Okay. Hearing or seeing none, other discussion? All in favor say “aye.” Page 30 Hawai‘i County Council-3 January 7, 2015 Vote on Res. 35-15: The motion to adopt Res. 35-15 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Resolution 35-15 is approved. Were going to move on to Bills for Ordinances for first reading. Mr. Clerk, Bill 8. BILLS FOR The Chair directed the Council to proceed to the next order of Business, Bills for ORDINANCES: Ordinances (First Reading). (FIRST READING) Bill 8: AMENDS ORDINANCE NO. 14-82, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2014, TO JUNE 30, 2015 Adds the Public Works Lower Puna Lava Response Projects – County project for $20 million to the Capital Budget. Funds for the project shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources. Funds would be used to repair, restore, rebuild, maintain, and/or improve infrastructure to protect public health and safety related to the June 27 Lava Flow. Reference: Comm. 41 Intr. by: Ms. Eoff Waived: FC Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6€, Hawai‘i County Charter Motion to Approve: Ms. Eoff moved to pass Bill 8 on first reading. Seconded by Ms. Poindexter. CHR. KANUHA: Ms. Eoff, you have the floor. MS. EOFF: I’d like to call up Deanna. Maybe you could just explain to us the appropriation. (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) Page 31 Hawai‘i County Council-3 January 7, 2015 MS. SAKO: So as you all know, we have already started to build and continue to build roads in the Puna area: the Government Beach Road, Railroad Avenue, and the Chain of Crater Road. We are working on those. We are working with FEMA (Federal Emergency Management Agency) to get reimbursed for those, but it’s taking a little longer than we had hoped. We just wanted to have the appropriation in place so that we can go ahead and continue to do that work and nothing gets held up. In addition, the sort station did have a little bit of lava cross into its path. There would be a little bit of clean-up and possibly repair there. So this project is written broad enough so that any lava damage to County facilities, or roads, or infrastructure could be used. This project could be used for that. CHR. KANUHA: Thank you, Ms. Eoff. Mr. Chung. MR. CHUNG: Thank you. Deanna, could you explain to me or us what’s involved in seeking FEMA reimbursements, and where are we on that? I know you said we’re trying to get them. MS. SAKO: We are working with them from day one. Public Works is specifically working with them on the lava reimbursements. Our office is doing some of the overtime in other projects. This is unchartered territory for FEMA. They’ve not had a lava project like this before, so they’re a little bit more detailed looking more carefully at things. Nothing bad. We want them to do their job, and we’re certain in the end that we would get reimbursed. But in the meantime, we do have costs that we need to cover. In addition, FEMA will only cover 75 percent, so we will have to cover the other 25 percent, which we would use this account for any permanent type of work. MR. CHUNG: Seventy five percent of what? Overtime, too? I mean, I know this is not for overtime. MS. SAKO: Yeah, right. This particular appropriation is not for overtime. But, yes, they will pay 75 percent of overtime. They will pay 75 percent of whatever costs we’re incurring, you know, within reason. MR. CHUNG: Right MS. SAKO: So if we had to move things, we had to evacuate the transfer station, or we had to set up a temporary transfer station. For the time being, at least they’re willing to help us cover some of those cost. We don’t know for how long. That’s part of them not having a project like this before. MR. CHUNG: Right. But what’s your assessment? I’m not going to hold you to it, but what’s your assessment as to our prospects in getting there? Page 32 Hawai‘i County Council-3 January 7, 2015 MS. SAKO: I think it’s very good. MR. CHUNG: Okay. MS. SAKO: I mean we’re working very carefully with them. It’s just dotting the i’s and crossing the t’s. MR. CHUNG: Yeah. MS. SAKO: And it’s a little bit more documentation than we’ve had to provide in the past. Just that whole process just takes time. Iselle, actually the recovery was very quick, and we turned in our documentation very quickly. But, we haven’t actually seen any cash come in yet. MR. CHUNG: Okay. MS. SAKO: And we hope to see some later this month. So, it’s roughly six months after the fact. MR. CHUNG: Alright. Thank you, Deanna. CHR. KANUHA: Thank you, Mr. Chung. Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chair. Those were some good questions. I was trying to understand. Now, I have some also. I written them down, so I can have a better train of thought. How did the figure $20 million come? MS. SAKO: At one point we were up to over $15 million, an estimated cost just to build the roads. I’m not sure how accurate that number still is. Public Works I don’t think is here. But in addition, then we started realizing that the lava was headed towards the transfer station; at one point we weren’t sure if it was headed towards the Police and Fire Station, so we kind of added on to that, just to hopefully make sure we have adequate funding. Our worse case scenario, is that FEMA would not cover any of the road expenses, and we would need to ensure that we would have enough to cover all of those costs. MR. ILAGAN: Okay. I was looking through Bill 9. Right now we’re discussing Bill 8, so it’s kind of weird, but I’m just going to go ahead with it anyway. What will be the rate on this bond? MS. SAKO: Right now, or maybe as a refresher for some of you and for the newer Council Members, we have what we call, is a BAN program, or a Bond Anticipation Notes, where we go out and borrow funds ahead of time to use for projects like this. So that interest rate is roughly at one percent or a little less. Page 33 Hawai‘i County Council-3 January 7, 2015 When we have sufficient BAN’s outstanding, where it’s worthwhile to go out and issue General Obligations Bonds, we will. Our last bond was in the three to three and a half percent range. I believe that rates are still very favorable, in that three and a half percent range to four, given our current bond ratings. MR. ILAGAN: Well, that’s actually—my other question is, what are the interest rates on the past bonds? As you mentioned, they were roughly around three and a half percent? MS. SAKO: Yeah. I think the last one was roughly in that three and a half to four percent range. We refunded some as well, so I don’t remember what the final outcome was. MR. ILAGAN: Yeah, and that was great. We saved quite a lot of money because of refinancing. Now, what happened to the bond money earmarked for the regional park? MS. SAKO: That’s still there. MR. ILAGAN: That’s still there? MS. SAKO: Yeah. MR. ILAGAN: So that $20 million’s still there for the park? MS. SAKO: Yes. We can go in. We can—at some point, if plans change, we would come back to Council to amend that bond ordinance. That was a project that was specifically named in one of our earlier bond ordinances. MR. ILAGAN: Of the current $20 million—of the $20 million that you are requesting, will money be—and you mentioned this in the beginning, will money be spent to replace, like other accounts, for example, the Rainy Day Fund and everything else? MS. SAKO: I don’t know that. We haven’t touched the Rainy Day Fund. But yes, we are using up some other Capital Project money. That was for other—like repair and maintenance projects for roads. We had other appropriations and money that was set aside, so we’re using that. And we would reimburse those funds back, so that they can continue to do the repairs they need on other roads across the island. MR. ILAGAN: And, this is more Public Work. But you mentioned the repair, will any of the funds be used to repair and upgrade private roads that are part of the emergency access road? Page 34 Hawai‘i County Council-3 January 7, 2015 MS. SAKO: I’m only aware—I’m not aware of private roads. I mean, I’m not sure what Public Works has worked out with the various subdivisions down there. It’s supposed to be for public use; I can talk to Public Works about that. But, I’m not sure. MR. ILAGAN: It’s much needed on the private roads because the private roads are the ones that’s being used as emergency access roads. How can I make sure that this bond can be used to repair those roads and also upgrade those roads, if needed? Because I’m kind of thinking that we’re accepting this to help out with improving the emergency access road to help evacuation for residents in Puna. If those evacuation routes lay on a private road and they can’t do anything about it, how can I get insurance? MS. SAKO: We can work with DPW (Department of Public Works) and Corporation Counsel as well as Bond Counsel to ensure that we do it correctly. If not, as long as it’s not bond money, there’s different rules related to private infrastructure that would kind of change the rules relating to the Government Exempt Bonds. We can work on that, if it’s needed, with Public Works and the Mayor and Corporation Counsel later. Right now, we are focused more on getting those emergency roads done at this time. MR. ILAGAN: So my understanding, from what you told me, is that this bond won’t be used for any private roads? MS. SAKO: No, I’m saying that we would have to work that out. Because it might come out that perhaps we have to issue taxable bonds rather than tax exempt to not violate any IRS (Internal Revenue Service) provisions relating to General Obligations Bonds. Normally, we issue Tax Exempt Bonds, and that would require certain rules. But I’m saying we can work with Public Works, Corporation Counsel, and Bond Counsel to see if that’s possible. MR. ILAGAN: So that means you would come before the Council and have that proposal or would you have to amend? MS. SAKO: I believe— MR. ILAGAN: I’m sorry I’m not following, and if you could clarify for me? MS. SAKO: I am saying I don’t know if Public Works is going to pave private roads. They’re not here today. I’m saying if that becomes necessary, we can work with Corporation Counsel, Public Works, and our Bond Counsel to make sure we issue the right type of bonds, should that become necessary. Page 35 Hawai‘i County Council-3 January 7, 2015 MR. ILAGAN: So that means once you done that process, you would come before the Council and request for more money for those private roads? Is that what I’m—? MS. SAKO: If it exceeds this $20 million authorization. I think this authorization is written fairly broadly so that we can cover whatever work needs to be done to make sure people of Puna are taken care of. MR. ILAGAN: Okay. So, from my understanding, is that currently, right now, you don’t know because—I apologize, because Public Works is not here, is that right now it’s not set for any private roads repairs, upgrades, or anything. However, if that need comes, which it will come, then you will have to amend this $20 million or you amend it internally to allow access from this? MS. SAKO: I believe this authorization is written broadly enough, that if the Mayor and Public Works and everyone agreed, we could use this authorization. MR. ILAGAN: So it would be coming from the $20 million? MS. SAKO: Yes. MR. ILAGAN: Okay. So it is possible to get private road of repairs and— MS. SAKO: I’m not promising you that we are going to pave the private roads. I’m saying that if they work it out, this would be broad enough to cover that. MR. ILAGAN: Okay. I’m not asking for a promise. I’m just asking what’s the possibility, what’s the capability, what’s the options that we have, because these emergency access roads are on private roads. If need be, it is possible to pave, repair those roads, using this bond that we are about to authorize or not authorize, but it is possible to pave those roads, changing some of the things that we need to get the money from this $20 million. But, it is possible. MS. SAKO: We tried to write both Bill, 8 and 9, broadly enough so that whatever happens in Puna we would be ready to take care of it. MR. ILAGAN: Okay, I just want to make sure that’s—now, this is really a Public Works questions again, and it’s pretty simple, is it going to improve the travel time paving these access roads, emergency access roads? MS. SAKO: I cannot say if we’re going to improve the travel time. But what I want to speak to is that FEMA provides emergency access and public safety, which would be temporary arrangements. FEMA does not pay for permanent Page 36 Hawai‘i County Council-3 January 7, 2015 roads. That would be for Federal highways. Once the lava crosses 130, then that’s different discussions, and we can look at other possibilities at that time. MR. ILAGAN: Okay, because my next one is, if the lava never crosses Highway 130, what happens to the bond money? MS. SAKO: I believe it is written up to $20 million. MR. ILAGAN: Say that one more time? MS. SAKO: The bond authorization is written, authorized in the issuance up to $20 million. MR. ILAGAN: So—. MS. SAKO: We don’t issue the bonds unless we spend the money, and that’s true of all of our projects right now. We have a lot of bond authorizations out there, and we don’t actually issue the bonds until we’re ready or have spent the money already. MR. ILAGAN: Okay. So if it doesn’t cross Highway 130 then you’re most likely not going to issue it? Is that—? MS. SAKO: Right, we will only issue what we need. MR. ILAGAN: Okay. MS. SAKO: I think, again, the bond authorization is written broadly enough that there may be other projects that are still impacted by lava, or other things, for other highway and construction repairs because we’re not sure what all is going to happen. MR. ILAGAN: I’m sorry. I’m clarifying. I just want to make sure I know and I understand and I can relate it to the people I represent, is that if it doesn’t cross Highway 130, you mentioned that you’re going to use some of this money for a— I’ll just finish my thought and then I’ll yeild⸻is that you’re going to use some of this money to remove some of this lava that’s affected by the transfer station. So that would be used regardless if the lava crosses Highway 130? MS. SAKO: Well, no matter what, we are going to use bond money to pay our 25 percent of the construction cost for the three roads that were built. MR. ILAGAN: Okay. Page 37 Hawai‘i County Council-3 January 7, 2015 MS. SAKO: So there would definitely be some money spent, if that was your question. MR. ILAGAN: Yes, that is my question. At this time, I’m going to yield to the other Council Members who have further questions. CHR. KANUHA: Thank you, Mr. Ilagan. Any other discussion from other Council Members? MS. EOFF: Real quick. CHR. KANUHA: Oh, sorry. Ms. Eoff. MS. EOFF: I just wanted to say thank you. Because it sounds, from what you’re saying, that you’re preparing in such a way that FEMA can reimburse. MS. SAKO: Right. We’re doing our best, yes. MS. EOFF: As long as to protect public health and safety, and yet you’re not going to spend extra money that we don’t need to, until we need to. MS. SAKO: Right, right. MS. EOFF: And then work with FEMA to try and get the reimbursement. Okay, thank you. MS. SAKO: Thank you. CHR. KANUHA: Thank you, Ms. Eoff. Okay, we’ll go back to Mr. Ilagan. MR. ILAGAN: Thank you, Chair. I have couple bit more. So what is your estimate? You mentioned it in the beginning, that looking at all the construction for the three roads, you estimated $15 million. Is that correct? MS. SAKO: That was an estimate at one time. I haven’t asked Public Works for an update. It may have gone up, it may have gone down. I’m really not sure. MR. ILAGAN: Okay. And then you started—the cost started to add up regarding thinking of the Transfer Station, the Police and Fire Station. You got the figure $20 million because you kind of needed a little bit more. What’s— MS. SAKO: We’re trying to be prepared for whatever happens with the lava. MR. ILAGAN: Okay. Page 38 Hawai‘i County Council-3 January 7, 2015 MS. SAKO: I keep trying to explain that. I don’t know what facilities are going to be impacted yet. It seems like each week it’s headed in a different direction. But we tried to write both bills broadly enough so that whatever does happen, we’re prepared, we can react, and we can take care of the people down there. MR. ILAGAN: Okay. So I guess what I’m trying to say, is that how much, currently, as of right now, that has been affected, that need the money to be spent, what is your estimate on that? MS. SAKO: Okay, I haven’t asked Public Works for an updated estimate. But if—let’s say it stayed at $16 million, the total cost of the road, 25 percent of that would be $4 million. I don’t know what it might cost, if much of anything, to repair the transfer station. You know, they need to clear the road, they might be able to do that in-house with equipment. I’m not sure. MR. ILAGAN: Okay. MS. SAKO: I really don’t know. But I would say, my guess would be we would need at least $4 million of the bonds, just to go towards lava projects. But other things might happen, and we’re prepared to take care of those as well as repair projects or other projects, as well. MR. ILAGAN: Okay. This is going to be my last question. This is just trying to prepare for future funding because this whole bond is related to that. I wanted to clarify, what contingencies are being considered for property valuation changes in the event of the lava cutting off the areas of Puna? MS. SAKO: There’s already a disaster section in the County Code for Real Property Taxes, and we are looking at that and working with the Mayor to see if and when to take appropriate action on that. For property that’s directly impacted by the lava, definitely it’s treated like a home that was lost to a fire or something like that, then their taxes would be adjusted accordingly. MR. ILAGAN: Okay. Well, thank you for answering my questions. Sorry to have put you through all that, but I’m really in need of those information. MS. SAKO: I think, if sometimes ahead of time, if you guys have a lot of detailed questions, if you could get those to us, then I could’ve contacted Public Works and gotten better information. MR. ILAGAN: Okay, thank you. CHR. KANUHA: Thank you for your questions, Mr. Ilagan. Any other discussion? Hearing or seeing none, all in favor say “aye.” Page 39 Hawai‘i County Council-3 January 7, 2015 Vote on Bill 8: The motion to pass Bill 8 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Bill 8 moves to second reading. Mr. Clerk, Bill 9. Bill 9: AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAI‘I FOR THE PURPOSE OF FUNDING ALL OR A PORTION OF THE COSTS OF LOWER PUNA LAVA RESPONSE PUBLIC IMPROVEMENT PROJECTS AND HIGHWAY ROAD CONSTRUCTION/REPAIR PROJECTS; FIXES THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDES FOR THEIR SALE TO THE PUBLIC; AND AUTHORIZES THE TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE BONDS Authorizes the issuance of up to $20 million in general obligation bonds for capital improvement projects associated with the Lower Puna Lava Response projects and for highway road construction/repair. Reference: Comm. 42 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 Vote on Bill 9: Ms. Eoff moved to pass Bill 9 on first reading. Seconded (Approved) by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Bill 9 moves to second reading. Mr. Clerk, Bill 320. Page 40 Hawai‘i County Council-3 January 7, 2015 ORDER OF The Chair directed the Council to proceed to the next order of business, THE DAY Order of the Day (Second or Final Reading). (SECOND OR FINAL READING): Bill 320 AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING (Draft 2): BUDGET FOR THE COUNTY OF HAWAI‘I, WITH RESPECT TO THE (2012-2014) HOUSING FUND, FOR THE FISCAL YEAR ENDING JUNE 30, 2015 Appropriates revenues in the Fund Balance From Previous Year account ($62,000); and appropriates the same to the Office of Housing - Other Current Expenses account. Funds would be used to implement the Resources Match software program, which facilitates the intake, screening, and referral process to connect low-income people to different government programs, community-level services, and financial products. Reference: Comm. 1149.3 Intr. by: Ms. Poindexter First Reading: December 17, 2014 Vote on Bill 320: Ms. Poindexter moved to pass Bill 320, Draft 2, on second (Draft 2) and final reading. Seconded by Ms. David and carried by (Adopted) the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Bill 320, Draft 2, is adopted. Bill 324. Bill 324: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-280, (2012-2014) SCHEDULE 28 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO NO PARKING AT ANY TIME Amends Subsection (c), South Hilo, to revise existing locations on Lanikaula Street and also adds a portion of Kumukoa Street. Reference: Comm. 1160 Intr. by: Mr. Kanuha (B/R) First Reading: December 17, 2014 Page 41 Hawai‘i County Council-3 January 7, 2015 Vote on Bill 324: Ms. Poindexter moved to pass Bill 324 on second and (Adopted) final reading. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Bill 324 is adopted. Bill 5. Bill 5: AMENDS ORDINANCE NO. 14-82, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2014, TO JUNE 30, 2015 Adds the Public Works Manono Street Improvements – Federal project for $2 million and the Public Works Manono Street Improvements – County project for $500,000 to the Capital Budget. Funds for the projects shall be provided from Federal Grants Receivable ($2 million) and General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources ($500,000). Funds would be used to widen and improve Manono Street from Lanikaūla Street to Kekūanaōʻa Street to enhance traffic, pedestrian, Americans with Disabilities Act accommodations, and bicycle circulation in the area, and to improve drainage. Reference: Comm. 19 Intr. by: Ms. Eoff First Reading: December 17, 2014 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 5 on second and final reading. Seconded by Ms. Poindexter. CHR. KANUHA: Ms. Eoff. MS. EOFF: I just was going to mention that I believe $2 million is provided by Federal funding, and the $500,000 is by the County. CHR. KANUHA: Okay, Thank you. Any other discussion? Hearing or seeing none, all in favor say “aye.” Page 42 Hawai‘i County Council-3 January 7, 2015 Vote on Bill 5: The motion to pass Bill 5 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Bill 5 is adopted. Bill 6. Bill 6: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2015 Appropriates revenues in the Federal Grants – Community Oriented Policing Services (COPS) 2014 Grant account ($250,000); and appropriates the same to the COPS 2014 Grant account. Funds would be used by the Police Department to hire two police officers for its COPS Hiring Program. Reference: Comm. 20 Intr. by: Ms. Eoff First Reading: December 17, 2014 Vote on Bill 6: Ms. Eoff moved to pass Bill 6 on second and final reading. (Adopted) Seconded by Ms. Poindexter and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Bill 6 is adopted. Mr. Clerk, we’ll just go to reports. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. Financial Report: Monthly Budget Status Report for the Month Ended June 30, 2014, from the Department of Finance. CHR. KANUHA: May I have a motion? Page 43 Hawai‘i County Council-3 January 7, 2015 Vote on Motion to File: Ms. Eoff moved to accept the Financial Report for (Filed): the month ended June 30, 2014. Seconded by Ms. Poindexter and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: The Financial Report is filed. Okay, we’re going to go back up to Order Of Resolutions. Mr. Clerk, Resolution 30-15. Return to Res. 30-15: The Chair directed the Council to return to Resolution 30-15. Res. 30-15: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAIʻI Proposes the following rule changes: 1) Rule 2 Meetings: Mandates that Council Members not be excused from meeting attendance, except “due to illness, emergency matter, or court directive;” 2) Rule 4 Officers and Their Duties and Rule 5 Committees: Deletes the requirement that the Council Chair approve waivers of items to the Council agenda that have been approved in writing by the Committee Chairperson; 3) Rule 13 Public Statements and Testimony: Deletes the option of presenting public testimony in the form of prerecorded video testimony; 4) Rule 14 Motions: Mandates that before any Council Member can cut off debate by calling for the question, each Council Member has had the opportunity to speak at least once; 5) Rule 27 Council Members, Staff and Allowances: (Expenditures) 1) provides that expenses of NACo steering committee members be drawn from the general account; and 2) expenses for attendance at Council meetings by Council Members and the reasonable expense for the attendance of district staff approved by the Council Clerk not also require the approval of the Council Chairperson; and 6) Rule 27 Council Members, Staff and Allowances: (District Contingency Relief Funds) Clarifies that the Mayor’s approval is not required to transfer contingency funds to County agencies. Reference: Comm. 34 Intr. by: Ms. Wille MS. WILLE: Motion to approve Res. 30-15. CHR. KANUHA: Is there a second? I’ll ask one more time is there a second? Hearing no second, Resolution 30-15 does not come to the table. Okay, that’s that. Page 44 Hawai‘i County Council-3 January 7, 2015 MR. CHUNG: Okay, I just want to hear what Ms. Wille is thinking about with regard to these amendments. There might be some merit to some to it, so I’ll second that. CHR. KANUHA: It’s been seconded by Mr. Chung. Motion to Approve: Ms. Wille moved to adopt Res. 30-15. Seconded by Mr. Chung. CHR. KANUHA: Okay, Ms. Wille, you have the floor. MS. WILLE: Okay, these are just some different things I wanted to talk about. I don’t feel like I can go and talk to each individual, so I just want to raise them. Some are, I think, significant. Some are just—really, there’s pros and cons. So, the first one I have is really on page five. Strengthening, the one about trying to have everybody present rather than videoconferencing. We did it the last term. We had that the request should be only granted for “compelling, urgent or unusual circumstances.” I think sometimes it sort of ended up, being whether one or another member is going to community meeting or something, and is that appropriate? I think when we were at the organizational meeting we sort of said, “no,” but it gets loose. I don’t want to be always—sometimes my pal over here, Council Member Fresh is going to a meeting. I don’t want to be giving him a hard time, if that’s not the way it should be interpreted. So, that’s the first one. CHR. KANUHA: Just real quickly. Just direct all the— MS. WILLE: Okay. Yeah, okay. And then on the second one, which is on page eight, “Authorize approval or deny request for items be waived to Council agenda upon written approval by the Committee Chairperson.” This isn’t something I feel strong about, but just in terms of efficiency. Is it important to both get basically waiver not just from the Committee Chairperson but also from the Council Chair? So, raising that issue. The third one, similarly, is “Upon a written request and with a written concurrence of the appropriate Committee Chairperson, the Council Chairperson may authorize anything to be waived.” That really follows from the last one. Again, there’s pros and cons. I’m just trying to—should we try to streamline that? The next one, in terms of the same page, on eleven. The video, removing the provisions for video testimony. This is something we really don’t use. Every piece of agenda item has to go through putting this on there, as promoting how to do videoconferencing. Again, just talking to staff, trying to not add more paper, Page 45 Hawai‘i County Council-3 January 7, 2015 and more something that’s really not used. I’m not sure I really, particularly, like the idea of offering video testimony. The next one, yeah I do, but this is the one I think is more important but it’s up to the group. This is on page 14, call for the question. The object of this motion is to cut off debate. The question there is really, should we make sure that every Councilperson has the opportunity to speak once? Number of times we sort of get into sort of arguing, what’s happening there, and I would just like to get that clear. I think it’s important, so I added that. Then the next is on page 20. And again, this is just streamlining up to—this is, well, the expenses for the attendance of the meetings, and this is for a Councilperson, as well as for district staff, where that district staff has already gotten the approval of the County Clerk and whether we need to also run that by and have approval by the Council Chairperson. Did I forget 19, 18? CHR. KANUHA: 19(e). MS. WILLE: Oh, thank you. And then on page 19(e), what it had, was the expenses of HSAC Executive Committee members, or the official NACo (National Association of Counties), or Western Interregional, or what ever it is, Interstate Regional Board, those expenses would be drawn from the general account. We now have members that are on the NACo Steering Committee, and I thought it would be appropriate to add those. So when they are traveling, that it’s the same benefit to have it from General Funds. Lastly, is a number—page 20, and this is for our Contingency Relief Funds that are given to the Council Members. Right now, we have it that it goes and gets— we run it through one of the administration’s departments, and then in addition, go and have that approved by the Mayor. This is really—there isn’t some law on this. It’s really our form. Our Council form has that. I know—I have questioned Rodney and others, and they sort of—well, that’s how the form was. There’s nothing there behind it. I would like to remove that. I am not in, like one of the main offices, and this has been a real hindrance. And where it’s been sitting, or the Mayor’s away, or this—I’m not right here in Hilo. I’ve had to move things to future meetings, and delays that have caused problems. So, it hasn’t been just a simple thing. Many, many, many, many calls. Where is it? It’s sitting on the Mayor’s desk, or he’s not here, you have to drive to Kona, he’s there. So this is sort of a neighboring island kind of issue. I don’t have any problem, where it’s the director, whatever their internal policies are, go and check with the Mayor, get approvals. But having it go and getting to administration, signatures for what is—the word is our “discretionary funds.” In other words, it’s not facilitated, working smoothly in my office. Those are them, and I’m just trying to raise some of the issues. Page 46 Hawai‘i County Council-3 January 7, 2015 CHR. KANUHA: Thank you. Thank you, Ms. Wille. Council Members, I gave a little leeway because there’s a lot of items on this one resolution. I wanted to make sure she got through all of the different items. But, Mr. Chung, you had your light on first. MR. CHUNG: Yes, and being the second to that motion. MS. POINDEXTER: Your time is up before him. MR. CHUNG: No, I’m glad that I got an opportunity to listen to Ms. Wille’s explanation for these things. I think the fatal error on this, for this resolution or amendment, however you choose to look at it, is that it encompasses so many subjects, yeah? I think there are some that have merit and others that I personally would not support. So I’m just going to give you my thoughts and then maybe you can follow up on them. With regard—I think one of the themes that I see here, on several of the proposed amendments, is that it lessens the responsibilities of the Chair. For me, I actually like to see the Chair have more authority. For example, for the absences, I’d say. okay, “Due to illness, emergency matter, or court directive.” But I’d also would put something to the effect, “For any other reason, approve—deemed appropriate by the Chair.” Because we can’t really foresee what things might come up, right? And, I’d like to leave it in the discretion of the Chairperson. The other one, again, taking the Chairperson, the Council Chair out of the loop in waivers. I think that’s necessary, quite frankly, to keep the Chair in the loop. A Committee Chairperson might see it fit to move things up, but at the same time the Chairperson might think there’s not an emergency and it may entail extended discussion. So, I still think the Chair should have the last say on that. What else we got? I don’t know about video testimony. You might be correct on that. I have no problem with the cutting off debate matter. That seems sensible. Everybody should be afforded an opportunity to speak at least once. I don’t know about the expenditures, requiring the approval of the Council Chair, but I’d probably be in favor of it. The Mayor’s approval, I really don’t know. And the NACo situation, I think that’s sensible too. So, that’s my thoughts. CHR. KANUHA: Thank you, Mr. Chung. I think we had Ms. Poindexter that was next. Page 47 Hawai‘i County Council-3 January 7, 2015 MS. POINDEXTER: I have a hard time with the excuse, absence one because a lot of times, and through our first term, we’ve rescheduled meetings a lot. Say if I had already planned a day off and went to Honolulu with my family or something. I don’t know, I’m just giving an example. And then so happens the meeting gets changed to the day I chose, and I cannot cancel that or lose a lot of that expenses or whatever, I don’t think how it’s worded, I don’t think it’s fair, because of the rescheduling, so I see that as a problem. There are other things. I won’t go through each one. But there are problems, like—and I agree with Council Member Chung in some of them. But I think that is the one I was little bit concerned about, as well. So, just that. I’ll yield at this time. Thank you. CHR. KANUHA: Thank you. Ms. David. MS. DAVID: Yes, I would like to thank Council Member Chung for rethinking the motion, Margaret, because for me, looking at all of these changes, I was just like taken aback. How are we going to deal with all of this? But, thank you for making that motion. I do have some concerns about the excuse requirement from being at Council meetings. I think we’re basically professional people, that if something comes up, we should be able to not need a note from—that will describe why we cannot be here because I respect everybody’s professionalism and their requirement to this job and serve their constituents. If there’s things that do come up, if you notify the Chair that you are unable to make the meeting, I think I would just take somebody’s word for that, and not that we’re going to abusing that privilege. The other one I do, really can support, is the fact that we can allow each Council Member on the call for the question. I think that to me is fair in what we do here, so that I can support. The other ones that I really have issues, is the Council Chair. I really believe that in a body such as this, we need an authority. That has always been the Chair, of whether it’s the Council or whether it’s the Legislature, and I believe in that. The last would be, as far as the contingency not requiring the Mayor’s approval, in all the years that we’ve done contingency requests, it’s a procedure that I feel does not need to change. So, that’s my position on all of these. But I do really support your suggestion on the call for the question. Page 48 Hawai‘i County Council-3 January 7, 2015 For the videoconferencing testimony, since we’ve implemented that rule we haven’t even had one, so taking that out is probably a good thing too. But anyway, that’s my opinion. CHR. KANUHA: Thank you. Ms. Eoff. MS. EOFF: Thank you, Mr. Chair. Yes, I believe that there are some things in this rule change document that would warrant further discussion and I could support. But the whole package was a little bit too cumbersome, and some of it I don’t really think it’s necessary. I think our rules are put in place, they pretty much mirror Robert’s Rules and Parliamentary Procedure policy so that we can conduct our business orderly. I do agree, because we saw in the last term the way that the call for the question could be abused, which I have never seen happen so much in the past 10 years, or maybe longer. So, I could support that because I do believe that every one of us has the right to chime in on an issue. I think the call for the question is a good tool when debate starts to get long winded or redundant, and I don’t mind it being used in the proper way. But if we need to make that change to assure that, I would support that one. Ms. David brought up the video testimony. That hasn’t been utilized, so is that the reason why you chose to fix this? MS. WILLE: Just talking to staff and I— CHR. KANUHA: Was that a question posed to—Ms. Wille, you can answer the question. MS. WILLE: Okay. Thank you, Chair. Speaking with staff, and just that really it involves a lot of extra paper, and that we’re not using it. It’s a cumbersome thing. MS. EOFF: I would support deleting that provision. I’m not sure how we should handle this motion; if we need to take the individual parts separately and vote on them. Or, after the discussion, if you’d like to come back with just a couple of changes that you can tell are going to be supported. We’ll leave that up to the Council. But that would be my suggestion, is that rather then vote it up or down with all of these changes—there might be a couple in here that are supported by the Council. Take a look at those. CHR. KANUHA: Thank you, Ms. Eoff. Mr. Onishi MR. ONISHI: Thank you, Mr. Chair. Yeah, I also have some concerns, especially the first one that she has here. To me, it’s like basically singling me Page 49 Hawai‘i County Council-3 January 7, 2015 out because I’m the one that attends the meetings in Keaukaha on Wednesdays, every third Wednesday. At least, what I did is I alternated with my staff so that one month the staff would be there and the next month I would go. That’s basically servicing my community. The thing is, it’s not like I’m not being there at the meeting. I am at the meeting. I’m making my decision on the voting, but it’s just that I’m in Hilo and you folks are in Kona. I think at the first term, when you folks came in, you folks wanted me, or you wanted me to tell them to change the meeting date. I couldn’t do that. I mean they’ve been doing it for years, and years, and years. And I going just come in because of some Council Members wanting me to be there presently, right, next to that person? That’s selfish to me. I’m the one being elected by those residents. So to me, I’m doing my job in servicing and I’m also doing my job by attending the meeting by videoconference. I’d like to ask Uncle Pat, if he could come up? Uncle Pat is the president of Keaukaha Community Association, which I attend. So, Uncle Pat, you seen this amendment. But then, also, I’ve told Uncle Pat before what Council Members tried or was willing trying to do, to not make me attend their community meetings. (Note: At this time, Mr. Patrick Kahawaiolaa came forward to address the members of the Council.) MR. ONISHI: So, Uncle Pat, do you have any comments? MR. KAHAWAIOLAA: I’m not a Councilman. But, aloha, and Happy New Year to all of you. CHR. KANUHA: Happy New Year. MR. KAHAWAIOLAA: The opportunity to speak on behalf of my Councilman, and to object to this rule if it singles out Keaukaha. But it has obviously been— th Keaukaha will be celebrating or is celebrating its 90 year in existence. Our community association is 90 years old. We have had not the opportunity to always have had elected officials present. But since 1999, and maybe starting now with the—it was then Council Member Chung, who began—I asked and he graciously began to attend because the perception in the Native Hawaiian community has not always been very positive for elected officials. We see them during election time and then don’t see them at all again. From the perspective of a kupuna, we will always respect and honor our kupuna and look to them for guidance. However, obviously not any of you has reached that status of being a kupuna yet. So we still—it’s always nice to have elected Page 50 Hawai‘i County Council-3 January 7, 2015 officials come and interact with our kupuna, in maybe getting or finding support, explaining issues, which sometimes it’s not one of things that Native Hawaiians like to do. So, I would truly want the opportunity. I do realize what predicated this move, if it’s a move. Anyway, to get after the Councilperson that represents our district. I believe I work hard enough to make sure, with leaders in the now third district, and doing reapportionment to keep contiguously together, Native Hawaiian communities. I think right now Fresh represents the biggest portion of Native Hawaiian communities on this island. So it is important that—and first let me congratulate all the Native Hawaiians that are sitting here on this dais now, and happy for you to be here. But the perspective and the perception of having Native Hawaiians participate in the voting process is something that’s a struggle. It’s a struggle to do. But, it is always nice to have them at our meetings. Bylaws at the meeting is dictated by bylaws. The Keaukaha community bylaws dictate that the meetings are held every third Wednesday of the month. Unfortunately, it clashes with the Council at this particular point and time. I don’t think I have the where-with-all to make the change. But it is an opportunity always to have, in this case Mr. Onishi; his predecessors Mr. Higa, Aaron Chung, Elroy Osorio, all of those people that represented the community, well, are here to be present. I do hope that a rule change like this does not hinder the opportunity for Mr. Onishi in this case to continue to be present at one of our meetings, to hear right straight from the horse’s mouth that this—that the other can be people’s concern. It makes a difference. I will only speak from the perspective of a Native Hawaiian, in that, the sphere of comfort is in someone’s community. If you go outside—it is very hard to go and raise an issue, or argue for it or against, outside of your sphere of comfort in another community. Albeit, we all grew up here on the island. It’s just that hard. I truly believe that, not having the opportunity. Some of the reasoning as to why he can’t attend, just because of illness, that if he still meets the obligation, as far as we’re concerned as the constituency that elected him, then yes, we would want him to continue to participate, if he’s doing it by videoconference and doing everything by videoconference. Because that’s, I think, is why we moved as a County to technology. Why we got all these screens around us now that allows different places on the island now to participate, videoconferencing, as opposed to having to drive to the center, Hilo or Kona. So I think, if that opportunity should be afforded also to the Councilmen, because the end result is he can attend videoconferencing, meet his obligations as an elected official, and then have the opportunity. All of you would have that same opportunity to go and visit your constituencies at times when it is important. So with that being said, I thank you for allowing me that opportunity to say thank you. Page 51 Hawai‘i County Council-3 January 7, 2015 MR. ONISHI: Thank you, Uncle Pat. Thank you. MR. KAHAWAIOLAA: Oh, yes. And, please, Happy New Year. MR. ONISHI: Happy New Year, Uncle Pat. Thank you. Okay, I’m looking at the other ones. I’m also not in favor of having the Chair losing its power. To me, the Chair should have that authority. About the call for the question, to me, part of Robert’s Rules, right? We’re like kind of amending what their rules supposed to be. That’s part of process. So I look at this, it’s like basically a one-sided amendment. It wasn’t really thought of, how it’s going to affect the whole membership, but it’s like kind of favoring a certain individual. So, I cannot support this. The last thing I just wanted to say, about the NACo part, it mentions about—it’s taking out the “or” official NACo or WIR (Western Interstate Region) board member, and putting in “and NACo Steering Committee members.” Now, if you’re on the board, you’re a member of the board, you get reimbursed by HSAC, okay. As a member, you don’t get reimbursed by HSAC, okay. Part of your expenses are being compensated by another agency or other association. Now, take this for example, what if all nine of us become a member on a committee? So now we’re going have to increase our budget, okay. So if you’re going to be a member on the committee, you’re volunteering to be a member of that committee, so you’re willing to spend your own money, your district money, to attend those meetings. But if you’re appointed to a board, that’s now like an obligation, and now, like I’m saying, you’re getting compensated for being on that board. Okay, so unless we’re going to increase our budget—and if you guys remember, our first budget, when the last term we did take out some money from there to put into your guys’ district allowance, and that was to help, like I told you folks before, to help your travel because travel was high. In one way, if you’re not on a board and you’re not a member, then you need to, I think, you need to make sure that you need to budget well, okay. You can not be there just spending everything, going wherever you want, doing whatever, and expecting the Chair to use General Funds to compensate you later. So, I cannot support of all this. Thank you. CHR. KANUHA: Thank you, Mr. Onishi. I want to give—okay, Mr. Ilagan, everybody, for first round. Page 52 Hawai‘i County Council-3 January 7, 2015 MR. ILAGAN: Thank you, Mr. Chair. So it looks like the first one is on page five, regarding the request shall be granted due to illness, emergency matter and, court directive. Is that the first one? Okay. Well, I believe all the Council Members that I’ve heard is not supporting this, the ones who spoke. Was there anyone who did support it other than the introducer? I feel the same way, so I don’t have to say anymore on that. Now, authorize a request for items. This one also seems like all the Council Members didn’t agree with it, so I won’t speak on that because I feel the same way. Next one would be 11, video testimony. This one is more—it’s not really a big concern. And talking to the staff, there hasn’t been any video testimony submitted, so I’m willing to eliminate that, if that’s what your intent is. Going to 14, the motion can only be made after each Council Member has an opportunity to speak at least once. I feel that’s great. That’s what I try to do now in the Planning Committee. I feel that’s really great to have, to give everybody the opportunity, so I won’t speak anymore on that. And, the last one is the NACo Steering Committee. I agree with what Council Member Onishi motioned. I never really knew that if you—oh, it’s only if you’re appointed into the NACo Steering Committee, then that appointment carries funds to send you out there. Is that correct? MR. ONISHI: You’re a board member. MR. ILAGAN: Board member, okay. So yeah, I would have to say budget well. That’s well-pointed out. The last one is the “While the County agency must approve the acceptance of said funds, the Mayor’s approval is not required to transfer Contingency Relief funds to County agencies.” That’s the last one? Well, that one I’ve been thinking about. And really, what came to mind, is we have separation of powers. One branch does not have the ultimate power. What I would really suggest regarding this is we, as a legislative body, we allocate funds. What contingency funds are, allocation of those funds, and the Mayor signs off. Just like when we go through a budget, the Mayor approves that he signs off, after we have the discussion and we approve it. Now, one of the suggestions I may add to you is, with separation of powers we can override the Mayor’s veto. For example, if the Mayor doesn’t sign the said funds, maybe we could add something in the sorts of it takes a two-third vote, brought to the Council, and those would be approved. Because there has to be that separation of powers, and I believe that if we rely or remove the signature Page 53 Hawai‘i County Council-3 January 7, 2015 from the Mayor, it leaves too much power to one branch. If we start making legislation, where it favors one branch, then we kind of start getting to become the monarch that we really want to avoid. I really respect this republic that we have, where we have that separation of powers. So, I don’t agree with removing that signature from the Mayor. Maybe what I would suggest, is the Mayor does approve it, but if the Mayor decides not to, then the Council should have some sort of process where it rejects that non-signature. So, that’s my suggestion. I always want to give you kudos for always having the time and energy to write all these stuff and always putting your thoughts on paper. I wish you can kind of maybe separate it next time around, not compile it in such a big fashion. Thank you. CHR. KANUHA: Thank you, Mr. Ilagan. I’m going to let Mr. Paleka, if you would like to talk. Or, if not, okay. Second round for Ms. Wille. MS. WILLE: Yeah. Okay, I appreciate everyone’s comments. As I said, there were some things particularly important here to me and others I just really wanted to bring up and assess. I think the one that was most important to me was really the one on the call for the question. I really don’t have a problem with what has been said, generally. I mean there’s some nuances here. I basically was very comfortable with what Council Member Chung said. I also—really, on the first one, really sort of wanted to settle this thing on attendance, and raise the issue and not have it sort of go on. I don’t have a problem with not doing that. I don’t have a problem with the ones on the Council Chair. Again, that was something I even debated, whether I wanted to put that in, and even raise those. I appreciate what Council Member Onishi said on the issue of NACo. I can see your point on that. I think it’s not like we do get that much, and I think where we’re going those expenses are great. I mean, I know I have avoided and not gone to any of the NACo meetings, even when I was told, I was offered that it wouldn’t come out of my DAE (District Allowance Expense), just in terms of expenses. So I think—I’m saying, in terms of procedure, I thought do I put every single one of these in a separate thing, and talked over with Jon and Dave, and thought since I felt—and I just thought I’m just going to put them all in as one package and we can divide them as appropriate and not have another tree here. So what I think, what I’d like to do is postpone this and do—so that I would have the opportunity do an amendment and really focus on the one of the call for the question. Page 54 Hawai‘i County Council-3 January 7, 2015 CHR. KANUHA: May I maybe offer a different suggestion? MS. WILLE: Yeah CHR. KANUHA: I think the cleanest way would probably be to withdraw it, and you can come back with the separate amendments. MS. WILLE: Okay. CHR. KANUHA: I think that’s a cleanest way, instead of going through the whole thing and amending the whole thing. Just to make it all separate, so the staff knows exactly—is that—would that be the cleanest way? MS. WILLE: Could we just ask Jon sort of what the pros and cons here? I’m open. I’m just— MR. HENRICKS: I understand what you’re saying as far as—just as long as Ms. Wille has a general understanding of, at least based on discussion today, what was deemed favorable or worthy of discussion. It might be easier for her to just produce a new resolution that is more focused on the issues that appeared to be favorable to at least of the majority of the Council today. I would support that as, maybe, a preferred approach, to amending. MS. WILLE: Yeah. And I think, as of this point, I could put the ones that I am going to continue on, in separately, so then we can vote on it separately. Although, I might slide the videoconferencing in, just—so don’t have an extra one on that. Okay, so at this point I’m going to withdraw this. You’ll see something further in the future. Withdraw Res. 30-15: Ms. Wille announced the withdrawal of Res. 30-15. CHR. KANUHA: Thank you, Resolution 30-15 has been withdrawn. Okay, Council Members, it is 12:00, and we have an Executive Session. Do you guys want to go through it? Let’s do it. We’re going to go through—yeah, hold on, hold on. Okay, Mr. Clerk, Communication 35. REFERRALS The Chair directed the Council to proceed to the next order of business FOR EXECUTIVE Referrals for Executive Session. SESSION: Page 55 Hawai‘i County Council-3 January 7, 2015 Comm. 35: JUSTIN GUY VS. COUNTY OF HAWAI‘I; CIVIL NO. 14-00400 SOM/KSC From Deputy Corporation Counsel Jennifer D. K. Ng, dated December 17, 2014, requesting an attorney-client confidential discussion to consult with the Council the possible settlement of a civil rights lawsuit filed on September 8, 2014. Vote on Motion Ms. Eoff moved to enter into Executive Session in order to Enter into to hold attorney-client privilege discussion regarding Executive Session: Comm. 35, as authorized by Section 92-5(a)(4) of the (Approved) the Hawai‘i Revised Statutes. Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 8. Noes: None. Absent: Council Member Chung - 1. Excused: None. CHR. KANUHA: Okay, we’re going to convene our Executive Session. Get ready for it and take a brief recess. Recess. Recess: At 11:59 a.m, the Chair called for a recess. Reconvene: The meeting reconvened at 1:00 p.m. CHR. KANUHA: Okay, we are out of Executive Session, and I will ask for a motion to concur with the recommendations of Corporation Counsel. Vote on Motion to Ms. David moved to concur with the recommendation of Concur: Corporation Counsel regarding Comm. 35. Seconded by (Approved) Mr. Onishi and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There was none.) Page 56 Hawai`i County Council-3 January 7, 2015 ANNOUNCE The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) ADJOURN- There being no other business, at 1:01 p.m., Mr. Onishi moved to adjourn the MENT: meeting. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: We are adjourned. Council Approval: OCT 1 8 2017 / API COUNT LERK SM/na Page 57