HomeMy WebLinkAboutMIN COUNCIL 2016/05/04 2014-2016
Hawaiʻi County Council
th
39 Session
West Hawaiʻi Civic Center
74-5044 Ane Keohokālole Highway, Building A
Kailua-Kona, Hawaiʻi
May 4, 2016
INVOCATION: Pastor Jason Meechan of Kona Faith Center gave the afternoon’s
invocation.
CALL TO The regular meeting of the Hawaiʻi County Council was called to order at
ORDER: 9:03 a.m., in the Council Chambers, Kailua-Kona, 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
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. Eoff led the Council in the Pledge
of Allegiance.)
PETITIONS, The Chair directed the Council to proceed to the next order of business,
MEMORIALS Petitions, Memorials, Certificates of Merit, and Expressions of Condolence.
CERTIFICATES
OF MERITS, AND
EXPRESSIONS (There were none.)
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:
Hawaiʻi County Council-39 May 4, 2016
William K. Watkins: Bill 185 (Comm. 807), in support.
(Representing Fern Forrest
Community Association)
JaNeal Stevens: Res. 523-16 (Comm. 862), in support.
(Representing Special Olympics
East Hawaiʻi)
Michele Sullivan: Res. 525-16 (Comm. 864), in support.
(Representing Friends of
Ānuenue Playground)
Michele Chaves-Pardini: Res. 525-16 (Comm. 864), in support.
(Representing Friends of
Ānuenue Playground)
Victoria Missien: Res. 525-16 (Comm. 864), in support.
(Representing Friends of
Ānuenue Playground)
APPROVAL The Chair directed the Council to proceed to the next order of business,
OF MINUTES: Approval of Minutes.
Motion to Approve: Ms. Wille moved to approve the minutes of May 6, 2015.
Seconded by Ms. Eoff.
CHR. KANUHA: Ms. Wille.
MS. WILLE: Yeah. Just looking at the minutes, these were from May 6, 2015.
And sometimes we get them from 2015 and then we get some from 2013, and sort
of bounces around a little bit. I mean it’s always like about a year or two or three
years past due. And just in terms of being economical, I just think at some point I
would really like to have them more current. I mean we’re actually reading this,
it had to do with discussion on solid waste and the compost bill and doing the
mulch. I don’t know whether we can sort of—how many minutes there are that
we have in the past. And if we shouldn’t sort of cut off and say we’re just going
to do the tapes up to a certain point, and really become current. And make them
more useful, and I know this is going beyond. I don’t have a correction in here,
but we are discussing the minutes.
You know, we’ve just been going through all the budget discussions, and what
money we need and what staff we have. You know, I think I’m going to try and
look into what the options are. I’ll talk to you Chair, what the rules are. Should
we really be doing the ones from 2013 and 2015, or just get current? Where
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Hawaiʻi County Council-39 May 4, 2016
we’re actually seeing something. I was looking at the ones from the last couple of
meetings. So I wanted to make that comment in this context.
CHR. KANUHA: Thank you. Mr. Chung.
MR. CHUNG: I agree with her.
MR. HENRICKS: Mr. Chair?
CHR. KANUHA: Yeah.
MR. HENRICKS: Defer to Ms. Poindexter, then I’d like to just briefly say
something.
CHR. KANUHA: I’m going to let Council Members discuss real quickly. I
know there’s an explanation to why we’re dealing with the minutes from the past,
and bringing it up to where we are currently. Ms. Poindexter.
MS. POINDEXTER: Yeah. And you know, this word for word, and I was just
talking with one of the staff, I mean we have tons of paper. It’s so ridiculous that
we’re doing this and wasting so much, and the minutes is a part of it too. Why do
we need word for word on what was, we have the DVD’s that you can use. I
don’t know if it’s on Laserfische and if it’s kept there. Why does it have to be
word for word, and why do we have so many tons and tons of paper work.
When in today’s world with the technology we should be all computerized, and
we just should be on computers and doing it instead of carrying all these big
things of paper that eventually just has to be shredded. But anyway, I know
there’s an explanation on the minutes, and I feel sorry for the people who have to
listen and have do word for word and get this out. We’re so in a dinosaur age,
and we need to move up with the times. But that’s just my opinion. Aloha.
CHR. KANUHA: Thank you, Ms. Poindexter. Ms. Eoff.
MS. EOFF: Yeah, I’d like to agree. But in certain cases there is a need for word
for word, but since we have the tapes to rely on. If there was any questions, I
think there should be a way we could save some of this work time.
CHR. KANUHA: Yeah. I pretty sure we’re required to do verbatim minutes.
No? Mr. Clerk, before I give you the floor, you know, I do say we were kind of
backed up. There wasn’t a lot minutes being taken before hand, and we’re just
trying to catch with all the meetings that were missed in the past. Trying to catch
up to how we’re currently doing now. I know they’re working very, very, hard on
producing the verbatim minutes to catch up. Just want to thank you for at least
starting the minutes. Mr. Onishi.
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Hawaiʻi County Council-39 May 4, 2016
MR. ONISHI: Thank you, Mr. Chair. You know, we had incidents where
discussions was made and when we did like say, do an amendment to an
ordinance. And we wanted to clarify more, but the other Council Members didn’t
want. So we had to base it on like the minutes, on what was said. And so in that
one incident that’s what basically we had to do. Because majority of that Council
at that time didn’t want to do an amendment to make it really clear of what
everybody understood what it was going to be, it was about this existing permit.
Because we passed this ordinance the company already was grandfathered in, and
wouldn’t be affected by that ordinance that we passed. But because we didn’t do
the amendment to it to add that in to make it clear, we had to base it on the
minutes and also on the DVD. So you need both, so that in case there’s any
challenges that you can use this as your records. Thank you.
CHR. KANUHA: Thank you, Mr. Onishi. I’m going to give it a little leeway,
even though this isn’t a discussion on the minutes and why we’re doing it. But
it’s something that we really haven’t talked about, and I think it’s important as a
Council to bring it up. Ms. Eoff was next.
MS. EOFF: Yeah. Mr. Onishi, is right. Because sometimes you need to really
listen closely to the legislative history on certain issues, but we have captioning
on the streaming now and we have DVD’s. It seems like that could suffice. I
know with the Charter Commission there was often times in need to really listen
carefully to what had been said, to grasp the exact intention. So yeah, that’s a
good discussion, it’s seems like a very cumbersome job. I used to have to do
verbatim minutes too, and it takes quite a few hours.
CHR. KANUHA: Okay, thank you. Also I don’t want to go into discussion on
why we need the minutes, let’s stay away from that topic. Ms. Wille, if you have
anything.
MS. WILLE: Yeah. I think we do have it available online, and one can look at
that, and we also have the CD’s. If there was Council Member that said, “I’m
concerned about the discussion on the Environmental Management Commission,”
We could ask, “Would you please do those so we can have that as a resource?” In
other words come to the Chair and ask, “I would really like to have it. There’s
some issues coming up,” and get it clarity. Say I wanted these minutes and it
came up, are we going to give free mulch to people on the enhance mulch
program? And someone said, no we’re not doing that. Well if we look at the
minutes that’s what it said. You know, there may be times we want to get what
Mr. Onishi—we actually need to look at the legislative history and pin something
down.
But I would just like to know, how much money, how much of our staff time is
being used for that? Where nobody is looking and needing that. And if they want
to look at something—oh, Margaret why did you say such and such. I can always
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Hawaiʻi County Council-39 May 4, 2016
go look and see. So I think that now that we have those video tapes, it decreases
the need. There’s still clearly maybe a need, but do we really need it every single
time? And do we need to go back? Anyway I’d like to hear what Jon has to say,
and then be allowed if we have follow up comments before you cut us off.
CHR. KANUHA: I’m going to cut you off, unless you have any specific
questions on May 6. I’m going to give Jon the—
MS. WILLE: I don’t unless he’s got something that raises an issue for one of us.
CHR. KANUHA: Council Members, anything left on May 6, 2015 minutes,
before I give Jon just a—go right ahead, Mr. Clerk.
MR. HENRICKS: All the things that you guys have talked about, we’ve talked
about. Every aspect of it verbatim, summary, catching up future, sticking with
what the last meeting. Those are all the discussion we had in detail.
Stewart Maeda, County Clerk, has developed a program in strategy to deal with
all those things. The reality is, minutes are required by law. We hire people, and
much of their portion of their job description is to transcribe minutes. That is part
of our office’s responsibility. We have made changes, we’re currently making
changes to our process, to expedite the process so it’s not so cumbersome.
And the reality too is sometimes doing a summary version of minutes is not faster
than verbatim, because it requires analysis, some thought, as to describing what
occurred. As to just simply taking a transcript that we get and then going through
it with a fine tooth comb to make it match our standards and formats, and then
double checking it, and then presenting it to you folks for your approval. And
then the Clerk signing off, and then it’s pau. So again, everything you guys have
talked about, we’ve talked about. And we’ve also talked about some things that
haven’t been brought up today. So with that said, you know, we encourage each
of you if you have any more questions, suggestions, comments or criticism to
address them with Mr. Maeda. Because he is firmly on top of this. Thank you
very much.
CHR. KANUHA: Thank you, Mr. Clerk. On the May 6, 2015 minutes anybody
else? Hearing or seeing none, all in favor of the motion to approve and file say
“aye.”
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Hawaiʻi County Council-39 May 4, 2016
Vote on Motion to: The motion to approve the minutes of May 6,
Approve Minutes: 2015 was carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Okay, I had a few things that I wanted to take
out of order, if it’s okay with you Council Members. First up we have Bill 185.
Change Order As directed by the Chair and with no objection from the Council Members, the
of Business: following items were taken out of order:
Bill 185: AMENDS CHAPTER 24, ARTICLE 11, DIVISION 1, SECTION 24-298 AND
SECTION 24-300 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION,
AS AMENDED), RELATING TO SPEED LIMITS ON PRIVATE STREETS
Adds unpaved and portions of unpaved roads to Schedule 2 (15 mile per hour
limit), and paved and portions of paved roads to Section 4 (25 mile per hour
limit), in the Fern Forest Subdivision, Subsection (g), Puna.
Reference: Comm. 807
Intr. by: Mr. Paleka
Approve: PWPRC-40
Motion to Approve: Mr. Paleka moved to pass Bill 185 on first reading and
adopt Public Works and Parks and Recreation Committee
Report No. 40. Seconded by Ms. Poindexter.
CHR. KANUHA: Mr. Paleka.
MR. PALEKA: Yes. I’m just asking for your support in this bill.
Mr. Watkins, are you still here in Hilo?
(Note: At this time William K. Watkins came forward to address the
members of the Council.)
MR. WATKINS: Yes, I’m still here.
MR. PALEKA: Would you like to add anything regarding this bill? First of all
thank you for all your association has done for supporting this measure. I know
it’s going to help and try to resolve pending issues, but also with safety. I’ll
continue to work with you, but if you want to add anything, please.
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Hawaiʻi County Council-39 May 4, 2016
MR. WATKINS: I just want to reiterate again. I thank you very much for all you
and your staff’s support on our behalf on this. Basically it’s been presented as
this is the next step that we have to do. We’ve already had signs for 15 and 25
miles an hour posted for years throughout the subdivision and various areas, and
we are continuing in the opposite section of subdivision to get all of our
intersections up there. And we’d like to add more speed limits, if this is approved
and goes forward. And try to bring us into alignment that how it’s explained to
us, is that we can post the speed limits, the police can come in and cite people.
But if it’s challenged in the court of law without it being in the County Code, it
would not be enforceable. So I thank you very much for all that you and your
staff has done on our behalf, and trying to correct that. Thank you very much,
Danny. Aloha.
MR. PALEKA: You’re welcome. Mahalo’s to the association too. We’ll
continue to work, we’ve got to get the right signs, too. So I’ll be contacting you.
Thanks.
CHR. KANUHA: Thank you, Mr. Paleka. Any other discussions? Hearing or
seeing none, all in favor of the motion to approve say “aye.”
Vote on Bill 185: The motion to pass Bill 185 on first reading and adopt
(Approved) Public Works and Parks and Recreation Committee
Report No. 40 was carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Mr. Clerk, also I know Special Olympics was
next from one of the testifiers. If we could do Resolution 523-16.
Res. 523-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO SPECIAL
OLYMPICS HAWAI‘I INC. TO ASSIST EAST HAWAI‘I ATHLETES AS
THEY PREPARE FOR THE STATE SUMMER GAMES ON O‘AHU
Transfers $5,000 from the Clerk-Council Services – Contingency Relief account
(Council District 1); and credits to the Parks and Recreation, Administration
Other Current Expenses account.
Reference: Comm. 862
Intr. by: Ms. Poindexter
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Hawaiʻi County Council-39 May 4, 2016
Motion to Approve: Ms. Poindexter moved to adopt Res. 523-16. Seconded
by Mr. Paleka.
CHR. KANUHA: Ms. Poindexter.
MS. POINDEXTER: I think it was well stated by our Special Olympics
Representative, and self-explanatory. So if you have questions, I’ll be able to
answer. And I ask for your support. Thank you.
CHR. KANUHA: Thank you, Ms. Poindexter. Mr. Onishi.
MR. ONISHI: Thank you, Mr. Chair. Can I ask a question to Ms. Poindexter?
CHR. KANUHA: Yes.
MR. ONISHI: She mentioned that they didn’t qualify or they couldn’t?
MS. POINDEXTER: Yeah. Both East Hawaiʻi and West Hawaiʻi for some
reason. Well East Hawaiʻi tried to get something in, I think some documentation
was missing. And then West Hawaiʻi missed the deadline. Which is unfortunate,
because like I always say Special Olympics is the only activities for Parks and
Recreation that we don’t provide that Special Olympics provide. So it’s just an
unfortunate thing for the entire island, for East Hawaiʻi and West Hawaiʻi.
MR. ONISHI: So one was West Hawaiʻi they forgot to put the application in.
MS. POINDEXTER: Right. And then East Hawaiʻi they put the application in,
and some documentations were missing.
MR. ONISHI: Okay. Thank you. I just wanted kind of—because I seen that on
the grant when we had all the list on the bottom, had like two different ones that
got disqualified.
MS. POINDEXTER: Right. And so they couldn’t make an exception for one, if
not they got to make exceptions for all.
MR. ONISHI: No. You got stick by the rules.
MS. POINDEXTER: Yeah. So that was unfortunate, and a lesson learned this
year.
MR. ONISHI: Okay, thanks.
MS. POINDEXTER: Thanks.
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Hawaiʻi County Council-39 May 4, 2016
CHR. KANUHA: Thank you. Mr. Chung.
MR. CHUNG: Oh, yeah. And of course I support this all the way. But I wanted
to follow up on Council Member Onishi’s question. So has the Special Olympics
been receiving grants all of these years through the nonprofit?
CHR. KANUHA: Ms. Poindexter.
MR. CHUNG: You know, I’m saying this in support of this. I’m just wondering
what happened?
MS. POINDEXTER: Yeah. Since I was in they have. So this year had a lot of
change in staffing, I think. I cannot speak for West Hawaiʻi, I know that West
Hawaiʻi, I heard that they had staffing changes also. And with them preparing for
the summer games and all of the events that was just happening. Unfortunately
the grants, the time that it was due comes in between of all that busy time and we
have new people on staff. So unfortunately that happened. This is a good lesson
learned from them, and I think they’ll be definitely watching for it.
I want to say my next contingency funds, I’m going to try and help them also.
Because when they go to Oʻahu like for the summer games, healthy athletes, they
get free dental checkups, free hearing checkups. They get the foot specialist
there, they have the eye specialist there. And when I brought my daughter, I
know that they even give free eye glasses. I found out she needed glasses, I didn’t
know that. So it’s well worth the funding, because they get the needed attention.
And sometimes they get the medical attention that they normally don’t get here on
the island, when they go to Oʻahu for that healthy athletes.
MR. CHUNG: Well I really appreciate that explanation, because you know, it
seems to me that it was a big misstep on part of somebody. But they’re very
fortunate that you stepped up with your money, so thank you. I’m very happy to
support this.
MS. POINDEXTER: Thank you.
CHR. KANUHA: Thank you, Mr. Chung. Any other discussion? Hearing or
seeing none, all in favor of the motion to approve say “aye.”
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Hawaiʻi County Council-39 May 4, 2016
Vote on Res. 523-16: The motion to adopt Res. 523-16 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. There’s also Ms. Wille’s resolution for Special
Olympics as well, so we can do the next one. Mr. Clerk, Resolution 524-16.
Res. 524-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO SPECIAL
OLYMPICS HAWAI‘I INC. FOR THE ANNUAL BIG ISLAND AREA
GAMES
Transfers $3,000 from the Clerk-Council Services – Contingency Relief account
(Council District 9); and credits to the Parks and Recreation, Administration
Other Current Expenses account.
Reference: Comm. 863
Intr. by: Ms. Wille
Motion to Approve: Ms. Wille moved to adopt Res. 524-16. Seconded by
Mr. Onishi.
CHR. KANUHA: Ms. Wille, go right ahead.
MS. WILLE: Yeah. This is a similar circumstance on the west side. And
basically they sent an email out saying we’re really screwed up, and didn’t get our
application in. And we really need funds for our program, and if by any chance
you can open any up, please do so. You know, I sort of pushed somebody out,
and got some in here. And let me just say, this will be what Ms. Poindexter was
helping them with, is the State Summer Games. What I’m helping them with is,
the Big Island Area Games. There will be 70 volunteers, 150 participants, and I
know they have nine sports over three seasons in competition. And for example a
few weeks ago I hosted the Waimea Power Lifting Competition, and you know,
they’re so appreciative and so wonderful. So I’m happy that I could do this, but I
do hope they make sure that they put that on their timeline and put things in.
Otherwise, you know, I think they would have gotten additional funds. Thank
you.
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Hawaiʻi County Council-39 May 4, 2016
CHR. KANUHA: Thank you, Ms. Wille. Council Members, any other
discussion? Hearing or seeing none, all in favor of the motion to approve say
“aye.”
Vote on Res. 524-16: The motion to adopt Res. 524-16 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. There’s also some testimony from Waimea.
Mr. Clerk, for Resolution 525-16, the next one on the agenda.
Res. 525-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS
OF THE FUTURE FOR THE PURCHASE OF PLAYGROUND EQUIPMENT
FOR ĀNUENUE PLAYGROUND
Transfers $15,000 from the Clerk-Council Services – Contingency Relief
account (Council District 9); and credits to the Research and Development,
Hawai‘i County Resource Center account.
Reference: Comm. 864
Intr. by: Ms. Wille
Motion to Approve: Ms. Wille moved to adopt Res. 525-16. Seconded by
Mr. Onishi.
CHR. KANUHA: Ms. Wille.
MS. WILLE: I was glad that some of the folks could come in and testify. And if
you look at our parks, we got some that are for our youths. Ball fields and that,
and then we’ve got a few where it’s really dedicated to those with smaller
children. And that’s where Ānuenue is, it’s across from the Parker School. And
it is a hub, it’s where people with young kids come for support. You know, you
find the old folks over at Starbucks. You know, they’re at the park, and
unfortunately the condition of the parks and there’s a lot of termites in the
structural portions have gone. I’ve tried to work it, if there’s a way we could
repair this without having to remove the whole thing. And do a whole new very
expensive deal, and basically the answer came back no. So they’re having to raise
a great deal of money. I can’t remember, it’s like several hundred thousand.
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Hawaiʻi County Council-39 May 4, 2016
And it’s really difficult, so this is to help them. And let me just say in terms of
the big picture of our parks, right now at least in my community here we don’t
have money to help do repairs. Whether it’s here, or I look at Māhukona which is
really for the older folks. So we’re not putting money in repairs, we’re basically
doing quite a few more new parks which tend to be ball parks. You know, how
do we deal with it where say, this one which is the only one that’s really
addressed for young kids. And there’s not county money available for that.
Māhukona where older folks come, there’s no more money there, and that’s
totally falling apart. So just putting it in that prospective, you know, there’s
always that play where we’re building new parks, and we’re not even taking care
of our old ones. So I’m happy to help them, and as community we’re really
working to raise more money, and I’m going to be helping them further. I urge
your support.
CHR. KANUHA: Thank you, Ms. Wille. Any other discussion? Just briefly, I
fully support this. I used to play in that park, you know, when I was six, seven, or
eight. So I’m happy to support that. Hearing no other discussion, all in favor of
that motion to approve say “aye.”
Vote on Res. 525-16: The motion to adopt Res. 525.-16 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Mr. Clerk, if we can do—I know we have
Bobby Jean in Hilo, and the Finance Department. Bill 196.
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Hawaiʻi County Council-39 May 4, 2016
Bill 196: 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 VARIOUS IMPROVEMENT 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 general obligation bonds, not to exceed $10.6 million,
for public improvement projects authorized under Ordinance No. 15-58, the
capital budget ordinance for the fiscal year ending June 30, 2016.
Reference: Comm. 855
Intr. by: Ms. Eoff
Waived: FC
Motion to Approve: Ms. Eoff moved to pass Bill 196 on first reading. Seconded
by Mr. Paleka.
CHR. KANUHA: Ms. Eoff, we also have Deanna Sako and Lisa as well in Hilo,
and Council Members. So, Ms. Eoff.
MS. EOFF: Thank you. And Bobby Jean right, and Greg?
CHR. KANUHA: Yeah.
MS. EOFF: Okay. I think Bobby Jean and Greg, would be the best ones to have
at the table at this time. It’s funny because I was just reading the verbatim
minutes that we have on our board, and it’s from last year about this time. And
we’re discussing this project, so it was interesting to look back. So maybe the
verbatim minutes do serve a purpose. Bobby-Jean, I think we’re all excited to see
this coming to reality, so would you mind just giving us a little background so the
public can be up to speed on what’s going on.
(Note: At this time Environmental Management Director Bobby Jean
Leithead-Todd came forward to address the members of the Council.)
MS. LEITHEAD-TODD: Aloha, Council Members. Bobby Jean Leithead-Todd,
Director for Department of Environmental Management. And seated to my left is
Greg Goodale, who is the Division Chief for the Solid Waste Department.
What you have in front of you with Bill 196 and 197, basically is the
authorization for the issuance of the General Obligation Bonds, and then an
amendment to the CIP (Capital Improvement Projects). When we came a year
ago we told you that we were going to out with RFP (Request for Proposal), to do
an organic’s diversion with a composting component. And one of the portions of
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Hawaiʻi County Council-39 May 4, 2016
that, was that we would end up owning the facilities for the compost. And that’s
basically what this money represents. The payout would be at the time that the
infrastructure is finished and accepted by the county, which would be in 2018.
But in order to go ahead with the project and authorize this, you have to be able to
certify that you’re going to have the funds available. So we have to amend these
items in order to proceed with the project. And what we call the mobilization
cost, or the cost of the construction of the facilities. Roughly $10.5 million
dollars. Greg, do you have anything you want to add?
MR. GOODALE: I think you covered it very well. Thank you, BJ.
MS. EOFF: Thank you. I do understand that. I wondered if you could before I
yield to other Council Members, just explain what is to be built in West Hawaiʻi
and what is going to be built in East Hawaiʻi.
(Note: At this time Solid Waste Division Chief Gregory Goodale came
forward to address the members of the Council.)
MR. GOODALE: Greg Goodale, Solid Waste Division Chief. So what’s going
to be constructed at the West Hawaiʻi Sanitary Landfill, there will be a receiving
facility that will receive the organics greenwaste all the materials that come in.
The material that’s collected at that site, will then be mixed and taken to the South
Hilo Landfill facility. And the full compost facility, will be located at the South
Hilo Landfill facility. So we’ll be referring to these two facilities as the West
Hawaiʻi organic facility, and the East Hawaiʻi organic facility. The big difference
is, there won’t be the composting actually taking place at the West Hawaiʻi
facility. The materials will actually be collected there mixed by the contractor,
and then taken to the East Hawaiʻi facility. But the compost will be distributed
island-wide. Does that answer the question?
MS. EOFF: Yeah. Thank you for explaining that. So once the compost is
completed and ready for distribution or for sale, would it be brought back to the
west side? Or only available on the east side?
MR. GOODALE: No, it will be made available island-wide. The contractor—
because they’ll have a sellable item, they’ll be responsible for doing the
marketing and the distribution, and the sales of the material. Because you know,
they’re essentially making a value-added product. But the idea is that the material
will be distributed island-wide.
MS. EOFF: Okay, thank you very much. Thank you again, for all of your work
on this, and for doing it in such a timely matter. This Council, who I think had
lengthy discussion last year and prior to that, is able to see the results of some of
the collaborative efforts that we’ve all put forth. Mahalo.
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Hawaiʻi County Council-39 May 4, 2016
CHR. KANUHA: Thank you, Ms. Eoff. Mr. Chung.
MR. CHUNG: Thank you, Mr. Chairman. Yes, I wanted to echo the sentiments
of my colleague Ms. Eoff. And congratulating and thanking both of you, and all
of your staff in this regard. You know, I’ve been wondering, what the status of
this project was, and Bobby in passing yesterday mentioned this. And in
particular want to thank Ms. Wille, for her efforts in getting this thing done. You
know, I almost daily whisper to her, “Hey Margaret this thing is coming to
fruition.” And I really, really wanted to recognize her efforts. Like I said, I
wanted to rename the snake after Mr. Onishi at the Panaʻewa Zoo, maybe we can
rename this facility after Margaret Wille. But really I’m in 100 percent support of
this, I mean I know at first blush it looks like a huge amount. But I think in the
long run, it’s going to be money well spent. So thank you very much.
CHR. KANUHA: Thank you, Mr. Chung. Ms. Wille.
MS. WILLE: Thank you very much, and thank you to my fellow Council
Member here. Yeah, I had to mention that I might be dead by the time we did
this, if we just did the mulch for four to six years. And then studied it, and then
decide whether we go further with the composting. But I just wanted to say a
couple of things. One thing is that question Council Member Paleka brought up
back when we had the discussion, is well, when the contracts—are we going to
have something on the ground? Are we going to have something capital? And
one of the reasons that we’re putting out this money is that part of the contract is
that capital equipment that we will retain. That will be ours, we’re not giving it to
them. And therefore it’s there equipment and in 10 years do we continue or how
do we do the contract? That equipment and capital expenditure will be ours.
Second, I just want to say in terms of money and looking at this is, we’re now
taking in terms of like our greenwaste without even looking at all the food waste.
At least in my district it’s like 45 percent of what’s going into the landfill. I mean
if you look at the quantity of what we’re going to be taking out and saving, rather
than putting it into the landfills is really substantial. Makes this number really
dwarf, compared to a potential. I think we are going to have to go on and come to
reckon with the fact that the Hilo Landfill is four to five years, and we need to
start thinking long term on that. Doing that trucking program, right now we’re
saving approximately $75,000 a month by just doing a little. How can we use
what we have and be more organized?
I also think it’s important that Bobby Jean and Greg have pointed out that the
mulch portion will remain free. I don’t know, they call it that reduced pathogen
process, and the temperature has to be brought to is say approximately 30 degrees
higher than what’s needed to kill the virus in the ʻŌhiʻa trees. So, you know,
frankly I wish we could do a little speed up on this, and get now the Health
Department going to get more people in there and start approving our permits.
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Hawaiʻi County Council-39 May 4, 2016
Because a lot of why are we waiting for that on or before July 1, 2018, is because
of the anticipated delays and getting permits. I mean we’ve been waiting, as she
said couple weeks ago just on the greenwaste. Waimea and Volcano, she’s got all
the equipment to start having greenwaste bins there. But we’re still waiting for a
stamp for about a year from Department of Health. You know, it’s really
unconscionable in my mind that’s happening.
So I just applaud, I’m very happy that this is happening, and particularly with
something where we’re looking with the rapid ʻŌhiʻa death. Somehow we really
need to work these two programs together, and make that happen. And not just
creating bond fires or wood chips around the island, you know, if we could get it
to the landfills and cover it there. And that’s one question maybe Bobby Jean you
could answer. You were here when, I forget his last name, spoke about the rapid
ʻŌhiʻa death. And how if there were a way to get the ʻŌhiʻa where we could
cover it, or use it. That would certainly be a better option, and tie it into the
compost program.
MS. LEITHEAD-TODD: Council Members, first let me tell you that we are very
pleased to inform the Council that we received the amended permits for Volcano
and Waimea. So we can start the greenwaste bins there, and we got equipment on
sight. We are very happy to offer that additional service to the public. What we
call the enhanced mulch, which is basically putting it into wind rows and allowing
it to heat up and monitoring the temperature. That also requires a permit, and we
have the application in for that. Once that starts it is calculated to go to a
temperature high enough, which will be over 130 degrees. That it would take care
of the coffee berry borer, coqui, fire ants, as well as ʻŌhiʻa wilt fungus. And
similarly the compost will go to a high enough temperature to take care of those
invasives.
So I think when we started down this road we were worried about fire ants, but
now I think for many of us a greater concern is ʻŌhiʻa wilt. And we’re very
happy that we’re going to be starting down the road of being able to take care of
the invasives. I can’t tell you exactly when that enhanced mulch will be available
to the public, but you know, once we start the ground prep and get those wind
rows going. We will end up with a product that is better than what we currently
have, which the vendor will be able to monitor for the heat. And the public can
be assured that once we have that process in place, they will get a much better
product that they can take home both to the agricultural community as well as the
residents.
MS. WILLE: Okay. Let me just quickly clarify then, how soon though could
people come and just deliver to the landfill. Whether it was ʻŌhiʻa trees or
green-waste, where it could just be put there on the ground where you have the
current operations going on.
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Hawaiʻi County Council-39 May 4, 2016
MR. GOODALE: So I guess from what you said, at the landfills there are the two
facilities where people can bring the greenwaste to each of the landfill facilities,
the East Hawaiʻi organic’s facility or the West Hawaiʻi organic’s facility. As far
as transfer stations that we have that are excepting greenwaste, island-wide we
have Pāhoa, Keaʻau, Volcano, Waimea, and Kailua-Kona that are excepting
green waste. But like BJ said, the two new ones that we just got the permit
approval on was Volcano and Waimea.
MS. LEITHEAD-TODD: Frankly, my request to the public if they are cutting
ʻŌhiʻa on their property would be to try and store the ʻŌhiʻa on sight until we
have the enhanced mulch process in place. Because if the ʻŌhiʻa comes in right
now, it would just be ground up into mulch and it would not be treated for the
fungus. The biggest concern with ʻŌhiʻa wilt is if you have it on sight moving it
someplace else and then infecting other areas. So currently if you have infected
ʻŌhiʻa, what they’re asking is that you burn it on site. That’s what the DLNR
(Department of Land and Natural Resource) is doing. If you cut ʻŌhiʻa on your
property, my request would be that you hold off do not bring it to our transfer
stations. Hold on to it for a few months, and then once we have the enhanced
mulch process up, then you can bring it in. Because at that point we will be able
to treat it for the fungus.
MS. WILLE: Okay, thank you. That was what I wanted to clarify. And that
contract is supposed to start July 1, but it would probably next fall when that’s
ready to be able to except. Just sort of a ballpark time.
MS. LEITHEAD-TODD: In theory it could be 60 days, but it really is a result of
monitoring the temperature. Because we have to monitor it to make sure that it
reaches that 130 degrees, actually in access of 130 degrees for a sustain period of
time in order to ensure that it’s going to kill the invasives. Some of that can be
dependent on the weather. So the best I could tell you is around 60 days, but I
can’t give you a definite date. Because it’s going to depend on monitoring the
temperature in the windrows.
CHR. KANUHA: I’m going to go to other Council Members, your five minutes
is pau. I’ll come back to you though, Ms. Wille, if you could remember your
question. Mr. Paleka.
MR. PALEKA: Thank you, Mr. Chair. I wanted to thank Margaret for this
measure. But I did have some cautionary notes, you know, this is important all of
the mulching and composting project that we’re doing. But I did have a question
regarding the equipment and the physical plan. Good morning, Director Leithead,
Bobby and Deputy Director. For the equipment in this composting, that will
remain property of the county, am I correct?
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Hawaiʻi County Council-39 May 4, 2016
MS. LEITHEAD-TODD: What we refer to as the West Hawaiʻi and East Hawaiʻi
organics facilities, those will be with the county. This does not cover their
operating equipment, such as, you know, they’re going to have their own trucks,
and bulldozers and stuff. This doesn’t cover that, this is for the two facilities.
One for receiving the green waste on the West Hawaiʻi side, and the other for
both receiving and processing on the East Hawaiʻi side.
MR. PALEKA: Very good. Thank you. Director, because the physical plant will
remain ours, the equipment we really don’t—in speaking with the Director and
professionals in the field we really don’t want the equipment. After being used
for the duration of the contract it’s probably better and we’ll probably know if the
equipment is good. Maybe we should remain with that certain type of brand, or
we get familiar with the operations we get a better knowledge of what we really
need. So that’s very good in terms of the contract.
And then the best practice for ʻŌhiʻa, I cannot express more, please do not
transport the ʻŌhiʻa in trucks please. Because you’re going to spread it. With
open trucks, if you don’t know what you’re doing please don’t spread stuff in
terms of the mulching. It maybe that the mulch could have been part of the
problem for the ʻŌhiʻa death that’s been spreading around the island. We’re not
sure. So until the composting, I would recommend. Maybe the Director would
like to add anything. Until we’re certain the composting does alleviate the
possibility of spreading the ʻŌhiʻa death fungus any further, we shouldn’t be
recommending that people use it. I mean we should really be sure that we’re not
adding to the problem, instead of helping solve the problem. Director, would you
like to add anything?
MS. LEITHEAD-TODD: Just that the recommendations on ʻŌhiʻa is that you do
not transport it, you take care of it on sight. You’ll notice the newest project on
Daniel K. Inouye Saddle Road, that they have signage up there asking people not
to salvage wood. Because what they’re going to do is basically mulch it up, and
leave it on site so they’re not transporting ʻŌhiʻa from one area of the island to
another. And they’re asking for the public’s help, not to go and pick up wood and
take it home with them.
MR. PALEKA: Thank you, Director Todd. Thank you.
CHR. KANUHA: Thank you, Mr. Paleka. Council Members, still on first round.
Ms. Wille, go right ahead.
MS. WILLE: Okay, Bobby Jean, I’m not sure you understood my question.
When will the enhanced mulch—are they starting their operations July 1 such that
90 days or 120 days after that it would be available? Or they going to be starting
their operations before July 1, 2017, such as we’re counting the 90 days from an
earlier point?
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Hawaiʻi County Council-39 May 4, 2016
MR. GOODALE: I’ll take a crack at this. The new contract will begin July 1, so
they won’t be able to start any kind of services prior to that. Within our
department we have submitted permits to Department of Health with the
enhanced mulch process attached to that permit. So the goal is that beginning
with the new contract we’ll have an updated permit which will allow for us to do
this. And then it’s just a matter of time it takes, as BJ said, to reach that
temperature. But we can’t start that new service until the new contract begins
July 1 that’s when the service will begin.
MS. WILLE: Okay, thank you. I was confused whether the contract actually
began January 1 to be ready by July 1. But you clarified that the contract itself
starts July 1, 2017, and that we would be moving on from that point.
MS. LEITHEAD-TODD: Ms. Wille, its July 1, 2016. It starts this July.
MS. WILLE: Oh, okay. Thank you for making that clarification. So it will be
this fall that will start, or soon thereafter that it will be able to get the enhanced
mulch. Thank you, I just wanted to clarify that point. And I want to just thank
you both, and your staff for all your efforts and working on this. Are you able to
announce who got the contract? I thought by now we’d be able to know that as
public information.
MR. GOODALE: It actually is, the notice of award went out this past Thursday.
And the name of the contractor is Hawaiian Earth Recycling. And they have
locations in Honolulu and on the mainland, but they’re doing business under that
name. It’s kind of a sub-city area of the company that we’ve been utilizing,
which was Hawaiʻi Earth Products. So that’s what the notice of award that went
out last Thursday was, for that company.
MS. WILLE: Okay. Thank you, Greg. My last thing is just on the bins for
greenwaste in Waimea. That should be within the next month or two, then that
will be able to start?
MR. GOODALE: The bins are actually already located in Waimea and Volcano,
so they’re currently collecting greenwaste at the new locations.
MS. WILLE: So you have the new bins in terms of now we’ve got the permit?
That will mean that you’re able to add another bin from what’s there?
MR. GOODALE: We’ve already added the bin. When the permit came in we put
the bins out to collect the greenwaste at those two locations.
MS. WILLE: Okay, thank you. One person came into my office the other day,
asked if we filled those bins. Is there an area where we can then dump the
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Hawaiʻi County Council-39 May 4, 2016
remaining greenwaste on the ground where it could be then later put in the bin, or
would we have to put it in the landfill shoot?
MR. GOODALE: Yeah. Putting it on the ground is a violation of our permit at
that site, so no we would not be able to do that. Our goal obviously is to have
adequate ability to have space for the greenwaste. You know, we’ve had a lot of
challenges with the tires we’ve been collecting, and many other things. So we’re
trying to balance, you know, all the different things. But clearly we want to
collect as much as the greenwaste as we can, because it diverts it away from the
landfill. But putting it on the ground at any of the facilities is not something that
would be acceptable under our permits.
MS. WILLE: Okay. That was what I thought, but I wanted to check. Okay, I
yield. Thank you again, Greg and BJ really wonderful. Thank you.
CHR. KANUHA: Thank you, Ms. Wille. Ms. Eoff.
MS. EOFF: Yeah, I just wanted to say this is probably one of the most important
projects will see our county embarking on. Because taking our own waste and
recycling, and make it into something useable, especially the compost which is so
important to our agricultural initiatives, I think it really is one of the most
important projects we’ll undertake. Thank you.
CHR. KANUHA: Thank you, Ms. Eoff. Mr. Paleka.
MR. PALEKA: One last quick question, Director. We had Mr. Flint Hughes
from the USDA (United States Department of Agriculture). He’s spearheading in
the Department of Agriculture. Is your department working with that group he
had mentioned, or are you working closely with him in the follow-up of the Rapid
ʻŌhiʻa Death?
MS. LEITHEAD-TODD: We’ve been in contact with the University, and USDA
on Rapid ʻŌhiʻa Death, and DLNR. And then what we did within the county is,
we distributed material and information. So if you come into our department, we
have material at our front desk for the public about Rapid ʻŌhiʻa Death. If you go
to the Planning Department there’s also material there, because people are coming
in to do permitting. So we’ve been trying to disseminate information within our
area, but we’ve been paying close attention. And based on the information that
we had from them, we were very happy that the temperatures that we think we’ll
be reaching with the mulch and the composting will kill the fungus. That’s what
we’ve been informed by the researchers.
MR. PALEKA: I just wanted to stress how important I think it is for all of us to
work with them, because I think they have the widest group of people and experts
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Hawaiʻi County Council-39 May 4, 2016
really working on this thing. I mean we’ve all got to work together on this one,
just saying. Thanks Bobby.
MS. LEITHEAD-TODD: Council Member, I forgot to mention that for those of
you who do go out and gather, seventy percent solution of alcohol, I have a little
spray bottle in my van. So you can spray your shoes, and spray your tires. That’s
one of the things that is being advocated. Even if you’re going out into the forest,
you want to make sure you’re not picking up spoors and transporting them
elsewhere.
MR. PALEKA: Also the equipment.
MS. LEITHEAD-TODD: Yeah. And you have to spray your clippers. I recently
went to DLNR to get a permit to go pick ohelo berries, and because it had been
the first time I’d been in for a while, they gave me a small little bottle with my
70 percent solution as well as an instruction sheet. You know, that’s the easiest
and preferred solution, and you need to spray your tires, you need to spray your
shoes, and spray the equipment that you use when you go out into the forest. And
this goes for people that are hikers too, they need to be aware if they’re moving
from one part of the forest to another.
MR. PALEKA: Thank you, Director.
CHR. KANUHA: Thank you. Council Members, any other discussion? Okay,
mahalo Director. Great to see this program get on the floor. Council Members
any other discussion? Hearing or seeing none, all in favor of the motion to
approve say “aye.”
Vote on Bill 196: The motion to pass Bill 196 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: Motion passes. I don’t know what’s wrong with the mics.
Can we just turn off everybody’s mic? Mr. Clerk, you can go to the next,
Bill 197.
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Hawaiʻi County Council-39 May 4, 2016
Bill 197: AMENDS ORDINANCE NO. 15-58, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2015, TO JUNE 30, 2016
Adds the Environmental Management Organics Processing Facilities project for
$10.5 million to the Capital Budget. Funds for this project shall be provided from
General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other
Sources ($10.5 million). Funds would be used to construct a full-scale
composting facility at the South Hilo Sanitary Landfill and a receiving and
processing facility at the West Hawai‘i Sanitary Landfill.
Reference: Comm. 856
Intr. by: Ms. Eoff
Waived: FC
Note: Requires 2/3 vote of the entire
membership to amend, pursuant to
Section 10-6(e), Hawai‘i County Charter
Motion to Approve: Ms. Eoff moved to pass Bill 197 on first reading. Seconded by
Ms. David.
CHR. KANUHA: Ms. Eoff.
MS. EOFF: As Bobby-Jean mentioned, we need to make this amendment to the
CIP Budget to go forward with the composting facilities.
CHR. KANUHA: Thank you, Ms. Eoff. Any other discussion Council
Members? I think we had a lengthy discussion before this. Hearing or seeing no
other discussion, all in favor of the motion to approve say “aye.”
Vote on Bill 197: The motion to pass Bill 197 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: Motion passes. Mr. Clerk, let’s just go to the top of the
agenda, I know there’s a few people waiting for few of those items at the top. So
we can just start at the top of the agenda. Resolution 510-16.
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Hawaiʻi County Council-39 May 4, 2016
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
RESOLUTIONS: of Resolutions.
(Note: Items in the category were taken up previously, out of order.)
Res. 510-16: AUTHORIZES THE DEPARTMENT OF PUBLIC WORKS TO AWARD
FUNDS TO PEOPLES ADVOCACY FOR TRAILS HAWAI‘I (PATH)The
grant in the amount of $47,164.63 would be used by PATH to administer the
County’s Safe Routes to School program.
Reference: Comm. 838
Intr. by: Ms. Eoff
Approve: FC-61
Motion to Approve: Ms. Eoff moved to adopt Res. 510-16. Seconded by
Ms. David.
CHR. KANUHA: Any discussion? Mr. Clerk.
MR. HENRICKS: Unless circumstances has changed, Ms. Eoff had notified me
that’s not what she wanted to do.
MS. EOFF: Can I withdraw that?
MR HENRICKS: You might want to use this time to discuss why though.
CHR. KANUHA: Ms. Eoff.
Withdraw Motion: MS. EOFF: Okay, withdraw that motion. We were asked by Ron Thiel to
withdraw this resolution, and if there’s no objections I’d like to do that at this
time. The funds are going to be directed to a different account that was
mentioned in a previous resolution. I’d like to withdraw Resolution 510-16.
CHR. KANUHA: Okay, Resolution 510-16 has been withdrawn. Mr. Clerk,
Resolution 519-16.
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Hawaiʻi County Council-39 May 4, 2016
Res. 519-16: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF LAND
AND NATURAL RESOURCES, PURSUANT TO HAWAI‘I REVISED
STATUTES SECTION 46-7, FOR A GRANT TO THE DEPARTMENT OF
RESEARCH AND DEVELOPMENT
Accepts funds in the amount of $96,589 to reduce, control, and eradicate little
fire ants.
Reference: Comm. 858
Intr. by: Ms. Eoff
Waived: FC
Motion to Approve: Ms. Eoff moved to adopt Res. 519-16. Seconded by
Ms. David.
CHR. KANUHA: Ms. Eoff. Mr. Onishi.
MR. ONISHI: Yeah. Can I get someone from R&D (Research and
Development), either Glenn or Don.
(Note: At this time Agricultural Specialist Glenn Sako came forward to
address the members of the Council.)
MR. SAKO: Good morning, I’m Glenn Sako Agricultural Specialist with
Research and Development.
MR. ONISHI: Okay, so maybe you can explain to the Council Members what
this money is going to be used for. Because I know Ms. Eoff has been waiting for
this funds to come in. I know she wanted to help with the program.
MR. SAKO: Okay, this is a grant of the Hawaiian Invasive Species Committee.
Originally we had put in for a $225,000 grant to help control little fire ants on the
properties adjacent to the County Parks. That amount was cut down to the present
$96,589. And therefore what we did was we changed the scope of the grant, to
have a voucher program that would include the properties around the County
Parks. But also would be made available to the public who have completed the
training on how to use the baits through the Big Island Invasive Species Council
and also the Hawaiʻi Ant Lab. And therefore we need this resolution to be able to
enter into an agreement with the Land and Natural Resources.
MR. ONISHI: So the funds are going to go directly to Hawaiʻi Ant Lab, or it’s
going to go to HCEOC (Hawaiʻi County Economic Opportunity Council).
MR. SAKO: We are waiting on a proposal from HCEOC to coordinate this
program.
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Hawaiʻi County Council-39 May 4, 2016
MR. ONISHI: Now the training that you’ve mentioned, so Big Island Invasive
Species Council and also the Hawaiʻi Ant Lab are going to be conducting the
training for the applicants?
MR. SAKO: Both organizations have training programs going on right now.
BIISC (Big Island Invasive Species Committee) eventually wants to work with
12 communities to train them on eradicating the little fire ant, Hawaiʻi Ant Lab
has monthly training for the public. And we want to make this voucher available
to those who completed the training because we are dealing with a regulated
pesticide.
MR. ONISHI: So with BIISC, are they going be charging the applicants?
MR. SAKO: My understanding is that they do not charge those who are in
training. I don’t believe any of these organizations charge, I would have to check
to see if they do.
MR. ONISHI: Because we did meet with them, and they mentioned that they had
a program but they could only take x-amount of applicants, correct?
MR. SAKO: Yeah, that’s true. Because I guess the class size, you don’t want it
to become too unwieldy.
MR. ONISHI: Right. And they also needed extra funding to help conduct their
training classes, correct?
MR. SAKO: They got an Invasive Species Committee that has set aside some
funding, but it would help their program if there was funds available for the
materials.
MR. ONISHI: And so this money that we getting, none of that is going to go to
them, correct?
MR. SAKO: That is correct. This funds are in the scope of work was for the
voucher program.
MR. ONISHI: Okay, thank you. Council Members, why I question is because I
was involved in this application to get this funding. I mean as Mr. Sako said we
were trying to get over $225,000 to work with HCEOC to do that voucher
program. But we basically got only $96, in fact we supposed to get less. But I
want to just thank Sherman Enright, and also Director Ford Fujikami for helping
in supporting and getting some of this funds back. And we were in process of
working with Department of Ag in getting another $30,000, but then that funds
didn’t happen, correct? Mr. Sako.
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Hawaiʻi County Council-39 May 4, 2016
MR. SAKO: That is correct.
MR. ONISHI: And so I’m hoping that maybe before the fiscal ends we can
maybe get a little bit more money from Department of Ag to add on to this
program. I’m hoping that someone in the next fiscal year or next year you folks
going to step up and try to keep on this applications with BIISC and getting
funding for the Invasive Species. I want to thank also R&D, because we had gone
and talked to P&R (Parks and Recreation) first to see if they would be the ones to
do the application. But they felt it’s not really their field to do it, so we got R&D.
And thank you, Mr. Sako for being involved, and also to Don Mende from R&D
Deputy Director. I’m asking for your guy’s approval. And then as soon as we
can get this going, I guess R&D would let us know and then we could get
HCEOC moving forward. Thank you.
CHR. KANUHA: Thank you, Mr. Onishi. Ms. Eoff.
MS. EOFF: Thank you, Mr. Onishi. I wanted to thank you for your leadership on
this, and for directing me to the right way to help make this happen. Because we
have some colonies of fire ants, bad big ones in Hōlualoa now, so its good people
are going to be able to get the training. They want to take care of it as fast as they
can. Thank you.
CHR. KANUHA: Ms. Wille.
MS. WILLE: Thank you. May I ask Council Member Onishi a couple of
questions?
CHR. KANUHA: Go right ahead.
MS. WILLE: You could refer me to Deanna, or Mr. Sako if it’s appropriate. We
had originally thought approximately $225,000, were getting $96,000 or let’s say
$100,000. And we had to revise the scope of what would be done. Can you tell
me what we are not being able to do by that difference close to a
$125,000-$130,000?
MR. ONISHI: I was part of creating that application, and the $225,000 was going
to be paying for a staff worker at HCEOC to help conduct the training,
distributing all the pesticides, and tracking where the fire ants are. I always
wanted to get a true map of where the fire ants were, and how the fire ants are
getting to whatever locations. Because then if we know this certain place didn’t
have fire ants and now they have, that person could ask them what did you do
differently. And that’s how we could figure out how the ants are being
transported. The rest was all going to be for bait, equipment like you needed the
thing to spread the granules, right. So we had all that included. And some of the
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Hawaiʻi County Council-39 May 4, 2016
money, like about $35,000, was going to go to CTAHR (College of Tropical
Agriculture and Human Resources), and they were going to come up with the
training program. The video and also some handbooks and stuff like that. But
they also was going to get funding to get a drone, because a lot of fire ants are in
the trees. And to get to those ants up in the higher level of the trees, they were
going to do this experimental research with the drones to see if they could get that
thing to go up and then spread the pesticides to the fire ants.
So basically that was it. So now by getting the $96,000 we had to cut back so the
CTAHR is out now. We getting less pesticides and also the equipment, and
they’re not going to be getting that staff worker.
MS. WILLE: So we are not getting this staff, the critical staff member. And who
would help with the training? I mean the key thing to me is all that identification
which we’ve been saying since like in 2008. We need to identify and do a plan.
So meanwhile it’s just spreads further and further, okay. So good that we got
what we did, but we certainly have a lot more to do. And when you did plan that
$225,000 that was pretty much this is based on our needs. Would have been a
good scope, or were you already compromising in terms of our needs?
MR. ONISHI: This is a good scope.
MS. WILLE: Okay.
MR. ONISHI: Like we were getting like 5,000 pounds of that Siesta and so forth.
I mean like it was a good number.
MS. WILLE: I don’t know, Glenn or Deanna who’s ever there, do you have
anything to add to what Council Member Onishi said?
MR. SAKO: No, that’s basically it. Big Island Invasive Species Committee has
hired a staff member to coordinate the LFA (Little Fire Ants) program on their
end. And we thought that we could dovetail in this voucher program with that
staff member.
MS. WILLE: Okay, thank you. I yield.
CHR. KANUHA: Thank you, Ms. Wille. Council Members, any other
discussion? Hearing or seeing none, all in favor of the motion to approve say
“aye.”
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Hawaiʻi County Council-39 May 4, 2016
Vote on Res. 519-16: The motion to adopt Res. 519-16 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. And its corresponding Bill 199, Mr. Clerk.
Change Order As directed by the Chair and with no objection from the Council Members, the
of Business: following item was taken out of order:
Bill 199: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2016
Appropriates revenues in the State Grants – Little Fire Ant (LFA) Pesticide
Treatment Voucher Program account ($96,589); and appropriates the same to the
LFA Pesticide Treatment Voucher Program account. Funds would be used to
reduce, control, and eradicate little fire ants.
Reference: Comm. 858
Intr. by: Ms. Eoff
Waived: FC
Motion to Approve: Ms. Eoff moved to pass Bill 199 on first reading. Seconded
Mr. Onishi.
CHR. KANUHA: Any discussion?
MS. EOFF: No. This just moves the money to the Little Fire Ant Voucher
Treatment Program.
CHR. KANUHA: Thank you, Ms. Eoff. Council Members, any other
discussion? Hearing or seeing none, all in favor of the motion to approve say
“aye.”
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Hawaiʻi County Council-39 May 4, 2016
Vote on Bill 199: The motion to pass Bill 199 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: Motion passes. Council Members, real briefly I want to take a
10 minute recess. We will come back in 10 minutes, we’re in recess.
Recess: At 10:31 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 10:43 a.m.
CHR. KANUHA: Okay, we are coming out of recess. And moving on with the
items on the agenda. Mr. Clerk, I think we were left with Resolution 520-16.
Return to Order The Chair directed the Council to return to the order of business.
of Business:
Res. 520-16: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE STATE OF HAWAI‘I, PURSUANT TO HAWAI‘I
REVISED STATUTES SECTION 46-7, TO RECEIVE FUNDS FOR THE
PLANNING AND DESIGN OF THE COUNTY OF HAWAI‘I’S
EXPANSION OF WATER RESOURCES PROJECT AT HAWAI‘I OCEAN
VIEW ESTATES
Accepts funds in the amount of $725,000 for this project.
Reference: Comm. 859
Intr. by: Ms. David
Waived: FC
Motion to Approve: Ms. David moved to adopt Res. 520-16. Seconded by
Mr. Paleka.
CHR. KANUHA: Ms. David.
Ms. David: Mahalo, Chair. Thank you. I would like to just give a brief
background about this resolution, and the request that’s being made. Hawaiian
Ocean View Estates basically, as you all know, is an 11,500 lot subdivision that’s
all one acre. And basically was approved in the late 60’s and early 70’s, with no
infrastructure; roads, water, electric, and that sort of thing. And it’s also a very
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Hawaiʻi County Council-39 May 4, 2016
dry area of West Hawaiʻi that borders Manuka State Park. So most of the lots, as
you know, are on water catchment. Most homes utilize generators for electric, for
the lots outside HELCO’s (Hawaiʻi Electric Light Company) distribution.
More than 100 miles of roadways are maintained by the road maintenance
association, so we have come a long way in the approval processes since the last
60’s and early 70’s in insuring that the proposed developments address basic
infrastructure and community needs. So availability of water in Ocean View is
very critical and important to this community. So this resolution and the
$725,000 allotment would provide funds necessary for the planning and design of
additional water sources for this ever growing underserved rural community.
Resolution 520-16 is one of the steps necessary to complete the request to the
State for release of funds. Initially, I held discussions with Manager-Chief
Engineer, Department of Water Supply Keith Okamoto, who’s in our Hilo office
and who in turn started the request process. Mayor Kenoi’s formal request for the
st
release of these funds to Governor Ige was made on April 1 last month. Mahalo,
Mayor Kenoi and also Finance Director Deanna Sako for their work on this.
Their documentation was then forwarded to the State Department of Budget, and
th
Finance Director Wesley Machida. Mr. Okamoto did that on April 8 and I’d like
to thank Mr. Okamoto, and also Candice for working on the documentations to
get this request done. And also I’d like to thank Director Lee and his staff person
Karen Ishikani was the person responsible for getting all the documentations
together very quickly. Also, last but not least, I want to thank Senator Green and
Representative Creagan, who along with myself submitted support letters to
Governor Ige. So Manager-Engineer Mr. Okamoto, if you’d like to come forward
for any questions regarding this request, or comments. Mahalo.
(Note: At this time Manager-Chief Engineer Keith Okamoto came
forward to address the members of the Council.)
MR. OKAMOTO: Good morning, I’m here.
MS. DAVID: Good morning. Could you briefly brief us on what this process
entails and our time frame on this?
MR. OKAMOTO: Yeah. So our expectation is first to—yeah, thank you to
Ms. David.
CHR. KANUHA: Real quickly just state your name for the record.
MR. OKAMOTO: Okay. This is Keith Okamoto, Manager-Chief Engineer
Department of Water Supply. Thank you, Council Person David for helping us
birddog this effort.
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Hawaiʻi County Council-39 May 4, 2016
Our next steps is, if we get Council approval today is to actually encumber the
funds. So were standing ready execute a professional services contract, and our
understanding is that it will lock in the funds for us. From there the plan is to I
guess reach out to the community and find out exactly what the needs are for the
second water resource in the area. So that’s our first plan, is to get the contract
going. We really don’t know exactly the details of the final product, until we hear
from the community. Even if possible do some exploratory drilling and testing,
because right now we only have one well in the area. So we’re limited to the
amount of information we have on the aquifer and the resources available. We
don’t want to put all our eggs in the basket that’s in the wrong place, or that won’t
produce the amount of water that’s really desired or needed. So we’re hoping to
get a lot of that information out through this effort.
MS. DAVID: Thank you very much, Mr. Okamoto. At that point I really
encourage support for this resolution. This is the final documentation I think
that’s necessary in order to get a request for the Governor’s approval to allot these
funds. So I appreciate your support, mahalo. I yield.
CHR. KANUHA: Thank you, Ms. David. Council Members, any other
discussion? Hearing or seeing none, all in favor of the motion to approve say
“aye.”
Vote on Res. 520-16: The motion to adopt Res. 520-16 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Mr. Clerk, I know Ms. Leithead Todd was still
in the audience, and if we could take Bill 202 out of order?
Change Order As directed by the Chair and with no objection from the Council Members,
of Business: the following item was taken out of order:
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Hawaiʻi County Council-39 May 4, 2016
Bill 202: AUTHORIZES THE MAYOR OF THE COUNTY OF HAWAI‘I TO ENTER
INTO AN INTERGOVERNMENTAL AGREEMENT FOR A STATE WATER
POLLUTION CONTROL REVOLVING FUND LOAN FOR WASTEWATER
PUBLIC IMPROVEMENT PROJECTS; AND AUTHORIZES THE ISSUANCE
OF $68,000,000 GENERAL OBLIGATION BONDS OF THE COUNTY OF
HAWAI‘I FOR THE PURPOSE OF FINANCING QUALIFIED
WASTEWATER PUBLIC IMPROVEMENTS OF THE COUNTY OF HAWAI‘I
Funds would be used for the Kealakehe Wastewater Treatment Plant R-1 Upgrade
project ($54 million) to provide recycled water for irrigation and other non-
potable uses, and the Pua Force Main Installation and Rehabilitation project
($14 million) to install a new sewage force main and to rehabilitate the existing
sewer force main.
Reference: Comm. 872
Intr. by: Ms. Eoff
Waived: FC
Motion to Approve: Ms. Eoff moved to pass Bill 202 on first reading. Seconded
by Ms. Wille.
CHR. KANUHA: Ms. Eoff
MS. EOFF: Thank you very much. I think Ms. Leithead Todd is probably
coming back up to the table. When I first took office, I did tell the Mayor that this
project was my priority, for it is located in District 8. And although the benefit
serves the whole island, I think I would be negligent if I didn’t push for this
project as hard as I could. So he did promise me at the beginning of my term that
by the time this administration leaves office, this project would be well underway.
So he has kept to that. And I wanted to thank Ms. Leithead Todd, for keeping me
in the loop when I can’t answer questions of constituents. Also if she would
please give us an update on this project, I would appreciate it. Thank you.
(Note: At this time Environmental Management Director Bobby Jean
Leithead Todd came forward to address the members of the Council.)
MS. LEITHEAD TODD: Aloha, Council Members. Bobby Jean Leithead Todd,
Director of Department Environmental Management. I’m very happy to be able
to bring this forward during this administration. Very appreciative of the Mayor’s
support of this project. This is something that I think we’ve talked about many,
many years, and appreciate the support of Council Member Eoff.
Basically this is like phase two. Phase one was putting money into the Queen
Kaʻahumanu roadway improvements. If you drive by you will see kind of purple
pipes on the side of the road, those are reused pipes for the R-1 water. The
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Hawaiʻi County Council-39 May 4, 2016
$54 million represents an upgrade to the facility in order to be able to treat water
to R-1, and also provide for alternative treatment of the water when you don’t
have enough customers for the amount of wastewater coming through the system.
So it will include plans for what we call constructed wetlands, which are to
remove your nitrogen from your effluent. And what we call SAT (Soil Aquifer
Treatment) facilities, which would be on the mauka side of the road. And that is
to remove phosphorus, those are the two nutrients in wastewater that are most
concerned if they can percolate into aquifer into the near shore waters. So we
have the R-1 to provide water for people to use for irrigation, for golf courses, for
the old Kona Airport. We anticipate the water being used for the planned regional
park at Kealakehe, which was at one time going to be a golf course.
If we get everything in place, the next phase of this is building the distribution
system that we would also be able to provide water to places like Kohanaiki for
use at their golf course. Which means they could then stop their reliance on the
existing ponds that they’re using. I think that when we do this and get it up and
running it would be a huge asset to the community. It will reduce the need for
portable water, for projects that people really want to see. It’s part of the Kona
Community Development Plan to have trees and planting along roadways, and so
part of this will be to provide that for like the Queen Liliʻuokalani Trust
Development next door. And it would replace in some cases portable water that’s
currently being used at the Old Kona Airport.
MS. EOFF: Thank you very much.
CHR. KANUHA: Thank you, Ms. Eoff. Mr. Onishi.
MR. ONISHI: Thank you, Mr. Chair. Director Leithead Todd, would you know
what would be the payments, I guess for this bond that we’ll possibly be getting
or we are getting?
MS. LEITHEAD TODD: I haven’t calculated those payments. We do have
Finance Director Deanna Sako here.
MR. ONISHI: Looks like its 20 years, need to be paid back in 20 years.
MS. LEITHEAD TODD: Yeah. Typically State Revolving Funds.
MR. ONISHI: Is Finance Director Sako coming up?
(Note: At this time Finance Director Deanna Sako came forward to
address the members of the Council.)
MS. SAKO: I’m here. Good morning. Deanna Sako, Director of Finance. The
one thing that we do like about this program is the interest rate is at one quarter
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Hawaiʻi County Council-39 May 4, 2016
percent. So I didn’t calculate it, but it shouldn’t be much different than paying the
total over 20 years. And I’m not sure when were actually going to draw down the
funds, because we only pay back as we draw down.
MR. ONISHI: And so when do we start paying?
MS. LEITHEAD TODD: We start paying as we draw down funds, and we won’t
draw down the entire $54 million at one time. We would draw down for planning
and design work, and then we would do it construction. And that would be drawn
out over time too, because you don’t pay the entire amount of construction all at
once. So basically if you took the $54 million, and if you assume that we were
pulling it out all at one time and divided up over a 20-year period then that’s what
the payments would be on an annual basis. Because at a quarter percent interest
rate is very negligible in terms of what you’re paying in terms of interest.
MR. ONISHI: No. I’m just looking at like that service and seeing how this
would affect the future. Just asking, thank you.
CHR. KANUHA: Thank you, Mr. Onishi. Council Members, any other
discussion? Ms. Wille
MS. WILLE: Real quick. You may have said this and I just didn’t hear it. By
doing it with the revolving fund, we will be able to reduce the percentage of
interest from what to what?
MS. SAKO: So our bonds are generally at three percent, this last bond issue was
a little less than three, because we hit the market at the right time. However
instead of paying that roughly three percent we’re going to be paying 1/4 of one
percent or .25 percent interest.
MS. WILLE: So I think that’s the really important key here, so I’m not a number
person. But we’re talking and BJ comes in with these items where I always want
to move the decimal point one or two places over, we’re struggling, you know,
the $50 million. So thank you very much for getting this done where it’s such a
reduced rate of interest. Thank you.
CHR. KANUHA: Thank you, Ms. Wille. Mr. Onishi.
MR. ONISHI: Thank you. Yeah, I agree with you Ms. Wille, but the problem is
that if you don’t receive any more extra revenue, that’s the problem, right.
There’s no creation of extra revenue coming in then we get into a bind, so that’s
all I’m looking at. Thank you.
CHR. KANUHA: Thank you, Mr. Onishi. Mr. Paleka.
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Hawaiʻi County Council-39 May 4, 2016
MR. PALEKA: Director Deanna Sako, you’re awesome.
CHR. KANUHA: I hope you heard that, Ms. Sako.
MS. SAKO: Yes, I heard it. Thank you very much.
CHR. KANUHA: Council Members, any other discussion? Just briefly, I’m
extremely happy that this project is moving forward. This has been a concern in
the community for a really long time. And mahalo Karen, for really pushing the
envelope and working with the department and the Mayor to get this project
underway. You know, this does service a lot, my district as well, so I’m really
happy to support this worthwhile project. And you know, this is a huge amount
of money we’re talking about, and it’s not really that fancy type of situation. You
know, but upgrades need to happen and it does cost money, so very appreciative.
Ms. Leithead Todd, did you have any?
MS. LEITHEAD TODD: Yes. I wanted to say that we are going to be charging
for the water.
CHR. KANUHA: Okay.
MS. LEITHEAD-TODD: The R-1 water that we produce will not be free. We
will be charging the users for that water, so there will be some revenue stream
coming in. And by the time this is on board, because we’re doing a sewer rate
study we will also be increasing sewer fees because they haven’t been increased
since 2002.
CHR. KANUHA: Well, we won’t talk about that right now. Mr. Onishi.
MR. ONISHI: I just wanted to say yes, we do charge for field lights, but we don’t
get compensated for the whole thing. Thank you.
CHR. KANUHA: Thank you, Mr. Onishi. All in favor of the motion to approve
say “aye.”
Vote on Bill 202: The motion to pass Bill 202 on first reading was carried
(Approved) 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.
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Hawaiʻi County Council-39 May 4, 2016
CHR. KANUHA: Motion passes. Mr. Clerk, we can just start at the top of the
agenda, or go back up.
Return to Order The Chair directed the Council to return to the order of business.
of Business:
Res. 521-16: AWARDS A GRANT TO THE FOOD BASKET, INC., TO ASSIST WITH
EXPENSES RELATING TO THE PĀHOA PANTRY AND SOUP KITCHEN
UTILIZING CONTINGENCY RELIEF FUNDS PREVIOUSLY
APPROPRIATED AND AWARDED BY RESOLUTION NO. 307-15
Funds would be used to purchase food and eating utensils.
Reference: Comm. 860
Intr. by: Mr. Ilagan
Motion to Approve: Mr. Ilagan moved to adopt Res. 521-16. Seconded by
Mr. Paleka.
CHR. KANUHA: Mr. Ilagan, go right ahead.
MR. ILAGAN: Thank you, Mr. Chairman. I just want to let the Council know
that I put up a resolution earlier last year or maybe earlier of this year. I had
monies $5,000 to a nonprofit, but instead of giving that money to that nonprofit
it’s going to go to the Food Basket. And this is what this reso is, and I hope you
can support it. Thank you.
CHR. KANUHA: Thank you, Mr. Ilagan. Council Members, any other
discussion? Hearing or seeing none, all in favor of the motion to approve say
“aye.”
Vote on Res. 521-16: The motion to adopt Res. 521-16 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Next item.
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Hawaiʻi County Council-39 May 4, 2016
Res. 522-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO YESHUA
OUTREACH CENTER, INC., TO ASSIST WITH THE PURCHASE OF
REPLACEMENT PARTS AND EQUIPMENT FOR A BOXING RING
Transfers $1,121.68 from the Clerk-Council Services – Contingency Relief
account (Council District 4); and credits to the Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 861
Intr. by: Mr. Ilagan
Motion to Approve: Mr. Ilagan moved to adopt Res. 522-16. Seconded by
Mr. Paleka.
CHR. KANUHA: Mr. Ilagan.
MR. ILAGAN: Thank you, Mr. Chairman. This money is for a boxing ring, and
I hope you guys can support it. Thank you.
CHR. KANUHA: Thank you, Mr. Ilagan. Any other discussion? Hearing or
seeing none, all in favor of the motion to approve say “aye.”
Vote on Res. 522-16: The motion to adopt Res. 522-16 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Mr. Clerk, Bill 153.
BILL FOR The Chair directed the Council to proceed to the next order of business, Bills
ORDINANCES for Ordinances (First Reading).
(FIRST READING):
(Note: Items in this category were taken up previously, out of order.)
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Hawaiʻi County Council-39 May 4, 2016
Bill 153: AMENDS ARTICLE III, SECTION 3-18 OF THE HAWAI‘I COUNTY
CHARTER (2014), RELATING TO THE OFFICE OF THE LEGISLATIVE
AUDITOR
Prohibits the annual audit plan from including specific agencies, funds,
programs, services, or operations that have been selected for an audit in the
coming year.
Reference: Comm. 704
Intr. by: Ms. Wille
Negative: GREDC-5 (Due to a vote of 1-aye,
8-noes)
2/3 Vote: First of three required readings,
Section 15-1(a), Hawai‘i County Charter
CHR. KANUHA: Ms. Wille.
MS. WILLE: Yes, thank you very much. I just want to remind everyone
basically there was considerable opposition to this. I’m not going to belabor it,
but—
CHR. KANUHA: We need a motion Mr. Clerk?
MS. WILLE: Do I need to do the motion?
CHR. KANUHA: Yes, please.
Motion to Approve: Ms. Wille moved to pass Bill 153 on first reading. Seconded
by Mr. Onishi.
CHR. KANUHA: Ms. Wille go right ahead.
MS. WILLE: The intent of this bill would be to put it to a vote before the
residents for Charter Amendment. Basically it would add to the section of
performance, and finance audit. That when the Legislative Auditor comes before
us the year in advance, that she would not be disclosing exactly which specific
agencies or programs are being selected for her to audit. This is really as way to
prevent more wrong doing. We’re trying to make sure that everyone, whether it’s
intentional or unintentional, is not misusing public funds. And by having it where
she basically advertises or informs everyone exactly what would be audited. It
makes it so those departments or that program would be, if there were something
being done wrong, would perhaps clean that up or not make it so apparent.
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Hawaiʻi County Council-39 May 4, 2016
I know I have gone through, say, in the Planning Department and looking at the
Fair Share Program where I found things that were potentially wrong. And yet I
know when the Planning Department was last audited, the Fair Share Program
was not. Now there were couple different concerns. One was Ms. Ford, who
actually drafted this legislation, she used the standard language and we shouldn’t
change the standard language. I’m really just adding something to supplement
that. There was another concern by Council Members, that really this had to do
with investigating and if we were going to investigate then that’s a whole
different operation. I’m not trying to investigate, we can always investigate
something if there’s a red flag that there’s a problem someplace.
There was also concern are we not being transparent, and is this a transparency
issue? And my response was no, it’s not a transparency issue. That’s like saying
the police should advertise the day before where they’re going to be sitting. I
think you all get it. If folks here don’t approve, that’s it. But I felt there’s a
problem and thought I’d try to address it, and this is the way I did. If this isn’t the
best way to do it, I’m always open for other suggestions. I yield.
CHR. KANUHA: Thank you, Ms. Wille. Council Members, any other
discussion? Ms. Eoff.
MS. EOFF: I was just going to say, looking back at the committee report and I
recollected a discussion. Ms. Wille is correct with what she stated. I think I’m
going to continue to voice opposition to this, I think although it’s tempting to
leave it up to voters. Often times voters don’t understand all the in’s and outs. So
if certain legislation that may be before them as a Charter Amendment, I think it’s
up to us to really think thoroughly through these Charter Amendments before we
do put them forth. So I don’t think this is really a need to do change, and I think
that auditor explained to us when there is a need to keep things more low key or
undercover that they have an ability to do that in certain investigations. So I
would rather see us be transparent, and allow the Charter to stay the way it
currently reads regarding the Legislative Auditor audits. Thank you.
CHR. KANUHA: Thank you, Ms. Eoff. Mr. Paleka.
MR. PALEKA: I’m just going to keep this brief. I’m not going to be supporting
this, basically because the recommendation by the experts that’s it’s not consistent
with their standards. I’ll just leave it at that. Thank you.
CHR. KANUHA: Thank you, Mr. Paleka. Council Members, any other
discussion? Just basically, you know, we said a lot the last committee hearing.
And I know Ms. Wille heard the comments made from ourselves as well as the
auditor. Ms. Wille, go right ahead.
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Hawaiʻi County Council-39 May 4, 2016
MS. WILLE: There are legitimate issues as I see it on both sides, I appreciate all
what you said. You know, don’t see that as a problem, but I do hear all of you.
And I understand why you’re opposing it.
CHR. KANUHA: Thank you, Ms. Wille. All in favor of the motion to approve
say “aye.”
Vote on Bill 153: The motion to pass Bill 153 on first reading failed by
(Failed) the following voice vote:
Ayes: Council Member Wille – 1
Noes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter,
and Chair Kanuha – 8.
Absent: None.
Excused: None.
(Note: Governmental Relations and Economic Development
Report No. 5 was adopted.)
CHR. KANUHA: Motion fails. Mr. Clerk. Bill 154.
Bill 154 INITIATES AN AMENDMENT TO ARTICLE III, SECTION 3-2 OF THE
(Draft 2): HAWAI‘I COUNTY CHARTER (2014), RELATING TO COUNTY
COUNCIL TERMS
Amends the term limit for Council Members from four consecutive two-year
terms to six two-year terms. Would take effect on December 5, 2016, and
apply to all Council Members elected in the 2016 elections, regardless of
how many terms an incumbent Council Member has served.
Reference: Comm. 705.7
Intr. by: Ms. Wille
Approve: FC-62
2/3 Vote: First of three required readings,
Section 15-1(a), Hawai‘i County
Charter
(Note: Comms. 705.9 through 705.14, from Council Member Margaret Wille
transmitting proposed amendments to Bill 154, Draft 2, were circulated.)
Motion to Approve: Ms. Wille moved to pass Bill 154, Draft 2, on first reading
and adopt Finance Committee Report No. 62. Seconded by
Mr. Onishi.
CHR. KANUHA: Ms. Wille, go right ahead.
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Hawaiʻi County Council-39 May 4, 2016
MS. WILLE: Okay. This has to do again, a proposed Charter Amendment, and
they had originally proposed to making changes and looking at the issues, should
it be two years or four years. I tried to listen to what the Council Members had to
say, and I think the inclinations were—and also I want to recognize the people in
Puna that came forward. And just said, it might be better to allow four years do
much more, not have to spend time campaigning. The accountability is really
critical. And I do appreciate that, and I think that’s correct. So I did consider
what kind of modifications based on what was said, perhaps changing it instead of
having four two-year terms or more than four two-year consecutive terms.
Changing it to no more than a total of six two-year terms. And there were also
Council Members that felt maybe it be better to at least go to five two-year terms
but not necessarily six.
And I do want to just say that there is a provision, it would not be a transition
provision here. It’s concerning how do we handle current Council Members, and
I did do that. So I think what I’d like to do for discussion purposes is, move to
amend the Bill 154 with contents of Comm. 705.10. And It’s in the pinkie folder.
Motion to Amend: Ms. Wille moved to amend Bill 154, Draft 2, with the contents
of Comm. 705.10. Seconded by Ms. Poindexter.
CHR. KANUHA: Ms. Wille.
MS. WILLE: So this one is the one for six two-year terms. I also have another
communication if we need it for the five two-year terms. I thought the majority
leaned towards the six, and I felt the public was good with six. So again, this
would be a total of six two-year terms. Now I wanted to make sure, let’s say with
Aaron, in other words somebody had served before this, it didn’t affect you know,
their number of terms. And also just how do we deal with it? Where there was a
concern that how I had written it, certain members on this group would be able to
serve two more years than the others. So if you look on page two, you’ll see that
this is a transition position. In other words it doesn’t go in the Charter, this is how
to transition from our current state.
This would say that each person who’s duly re-elected to serve as Council
Member in 2016, whether that be in the primary or general election. Shall be
eligible to serve no more than a total of six two-year terms, exclusive of any
previously served non-consecutive terms. That would mean each of us would be
able to serve a total of six two-year terms. Lets say we served two years that
would be—let’s say myself two, two-year terms as of November it would allow
four more two-year terms. Okay, so we have to add to subtract here. So the total
allowed would be six, for those who are current members, six two-year terms.
And it wouldn’t affect Aaron’s previously served non-consecutive terms. So I
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Hawaiʻi County Council-39 May 4, 2016
think I’m just going to open it up, and hear what you folks have to say. Unless I
didn’t express it clearly enough, I’ll try again.
CHR. KANUHA: Mr. Chung was first.
MR. CHUNG: Well, thank you. With regard to the amendment, of course this is
the first I saw it. And thank you very much for even considering me, I didn’t
even think about that. But anyway I think what needs to be inserted in this
amendment is, in Section 3-2 it says, “shall not exceed,” and underscore “a total
of six two-year terms.” I think it should be, “not exceed a total of six consecutive
two-year terms.”
MS. WILLE: Are you asking me that question?
MR. CHUNG: That’s my comment, but you can respond.
CHR. KANUHA: Ms. Wille, if you’d like to respond real briefly on that one.
MS. WILLE: I’m open to that, if that’s what the Council Members did. I think
there was some people in the public that said they would like to see sort of a total
cap, just to ensure that there is some change over. In terms of adding that, I
would consider that a friendly amendment if that’s the persuasion of the Council.
But I just wanted to explain why it didn’t come up last time except for members
of the public stating it, and that’s why I left it the way I did. So I’m opened to
that.
CHR. KANUHA: Mr. Chung, you still have the floor.
MR. CHUNG: I’ll leave it up to her.
CHR. KANUHA: Ms. Eoff.
MS. EOFF: No, I agree because when I read this, I realized you struck out the
word consecutive in the way the Charter currently reads. And then added this
explanation at the very end, and it confused me. I thought maybe previously
served terms would count towards the total, so I think it needs to be very clear
that if someone served in a previous consecutive term and then sits out a term—
that’s the way it is now—and they can come back and be re-elected for whatever
we decide to put up there six consecutive two-years term again.
MS. WILLE: Can I ask you to talk more into the mic? I can pretty much hear
you, but I just want to say I know people, when I can’t hear it others can’t.
MS. EOFF: I agree with what Mr. Chung said, it needs to be clear. There was
probably no need to strike out the word “consecutive” in the Charter.
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Hawaiʻi County Council-39 May 4, 2016
MS. WILLE: Okay. I just want to be clear, because I would prefer that I put
back the word “consecutive.” Okay, I just couldn’t hear you well.
CHR. KANUHA: Thank you, Ms. Eoff. Mr. Onishi.
MR. ONISHI: I think what happened is, maybe you misunderstood what the
Puna people were saying. I guess they want to make sure that there is a limit of
consecutive, but if you take a break you can come back. This is kind of saying
that you can only allow up to like six terms of two years ant that’s it. And so
that’s what you don’t want, but then I’m not going to support this one. I would
support the 10 year one, the five two-year terms instead of the six. And so I
would not be voting for this amendment. Thank you.
CHR. KANUHA: Thank you, Mr. Onishi. Council Members, on this specific
amendment, any more discussion? Unless Ms. Wille would like to just withdraw
this particular amendment, and you can do the next one. Mr. Chung.
MR. CHUNG: I guess after having read everything, because on the floor is
Draft 2, right?
CHR. KANUHA: No. We are currently talking 705.10.
MR. CHUNG: Yeah, right. But the main motion is with Draft 2.
CHR. KANUHA: No, that’s the main motion.
MR. CHUNG: So if we don’t go with 705.10 then it’s still six—oh wait a minute.
You know, I’m going to make a motion to insert the word consecutive after the
word six. You can consider that a friendly amendment.
CHR. KANUHA: For this amendment?
MR. CHUNG: Yeah. Further amending Ms. Wille’s amendment.
Motion to Further Mr. Chung moved to amend Comm. 705.10 by inserting the
Amend: word “consecutive” after the word “six” in the fourth line
of Section 3-2, Composition and Terms. Seconded by
Ms. Wille.
CHR. KANUHA: Mr. Clerk, I know it’s not a simple—
MR. HENRICKS: Well, it’s just a Charter Amendment, so that’s fine, the terms
of the council members shall not exceed a total of six consecutive two-year
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Hawaiʻi County Council-39 May 4, 2016
terms.” The amendment to this communication is adding the word “consecutive”
in between “six” and “two.”
CHR. KANUHA: Wait. Just real quickly, the motion was made, but I really have
a problem with putting that amendment on the floor because of the fact that it’s a
substantial amendment.
MR. HENRICKS: We do allow for amendments presented in writing to be
verbally amended of course under conditions like, you know, is it sparse, and is it
clearly understandable. So if you guys are all okay, we’re okay.
MS. WILLE: And we have to hear this bill three times, so we’re going to have
two more hearing after this.
CHR. KANUHA: Ms. Wille, for this particular one, I think you should just
withdraw this particular amendment. I think it would be easy to draft up the
language of what Mr. Chung has just said, and resubmit it as we’re going on with
Council meeting. Because that would be a really quick fix, and you could submit
it as an amendment.
MS. WILLE: Maybe we could table this until later in the day.
CHR. KANUHA: That would be the best option. I understand what Mr. Chung
is saying, I think you understand what Mr. Chung is saying. So I’m not going to
allow that motion on the floor, personally. And we can just continue with the
conversation of this particular 705.10 if you guys are okay with that.
MS. WILLE: Can I make one comment on that? I guess if we move on, I wanted
to hear a little more in terms of the overall persuasion, in terms of the six years
verses five years. If I’m going to be making amendments, just hear the—
CHR. KANUHA: Yeah, I just want to continue the debate.
MS. WILLE: Yeah. So if I could sort of hear a little bit more from the other
Council Members who haven’t spoken?
CHR. KANUHA: Yeah.
MS. WILLE: I‘ve got, you know, another communication. That would be 705.9
with the five-year. So as long as I’m going to go out writing something, I just—
CHR. KANUHA: I want to get to the other Council Members.
MS. WILLE: Okay, good.
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Hawaiʻi County Council-39 May 4, 2016
CHR. KANUHA: Who never had a chance to speak yet? Mr. Paleka.
MR. PALEKA: I’m glad their asking for our manaʻo or how we feel about this
measure. For me, I think for the legislative, economy-wise for the time. Because
we travel far here, we have a lot of stuff on our agenda. That should be done prior
to coming on the floor, you know, vetting the information, getting the input from
our public. Because just throwing up three documents, to me it’s not
economically feasible when we’re trying to be economically feasible for our
entire county. I’m just sorry, you know, I’m not going to speak for anybody else.
But I see the body gestures, and it’s not to say we don’t want discuss this
Margaret. But we have to be a little bit more judicious with our time. Especially
when it’s an important matter, like this.
You have to determine what the people want, in terms of the amount of time of
their elected legislative official. And then come before us, I mean it’s pretty easy
to find out if it’s five, ten. How many years consecutively if they are serving, but
to take up so much time; and this is only the beginning. That’s all I’m saying,
thank you. But I’m willing to consider this, but not here on the floor. We have
stuff that’s ready to go that we need to dispose with. Thank you.
CHR. KANUHA: Thank you, Mr. Paleka. Ms. David.
MS. DAVID: Yes. Thank you, Chair. And I appreciate Mr. Paleka’s comments.
I know that for myself, when we get proposed amendments just delivered to us
the day of the meeting. It’s really, really difficult to digest it all, and be able to
come up with ideas and discussion. And I think we take a lot of time going
through the whole thing. And you know, I know you explained what you’re
trying to do. But you know, we have two sets of amendments here, I think my
last thing was, you know, someone mentioned term limits at the last meeting, that
10 would be a good number. Because it had something to do with terms being
vested and things like that. But you know, I appreciate what Mr. Paleka is saying.
And I’m not sure how we can be more mindful of the things that we bring
forward, and allowing everyone else adequate time. I think in this one I do have a
comment, I just wanted to state that Margaret.
As far as the insertion of “consecutive,” that was—and we’re on 705.10 right,
still? Then I would assume it would also be made in Section 5 on the added
second page. Yeah, okay. I’m going to yield for now, but I just wanted to make
that comment Margaret. Thank you.
CHR. KANUHA: Mr. Clerk, You had a—
MR. HENRICKS: Don’t want to overstep boundaries, but this is a very short
section on the Charter. But if you look at Section 5 that is pertinent only to those
members that is re-elected, in either the primary or general. This Section 3-2
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Hawaiʻi County Council-39 May 4, 2016
controls overall for any Council Member that may have never been a Council
Member before, or may have been a Council Member before at other times.
There’s two thoughts I have, caution because of those things we have to look at
this in a global perspective. And also what does it mean to those people that
maybe running for election and may win.
Secondarily, this is kind of counter intuitive of what I just said, we’re running out
of time. For all of these proposed Charter Amendments we’re getting to the point
where we’re going to be, and I know I said this before but I feel the need to say it
again. Three readings is not the end of it, it has to be approved as an Ordinance
by the Mayor. That takes time. We have to do a resolution directing the Clerk to
place the question on the ballot. That takes time. We have to come up with a
ballot question. Depending upon the issue, quite a bit of time. But even those
issues that seem very simple, take quite a bit of time and care in coming out with
a ballot question. It must be objective, it must be accurate, and has to be very
well thought out.
For example something so simple as Mr. Onishi’s correction to the Charter about
County Bands. If we’re not careful about that, people are going to think that
we’re asking them to get rid of the County Bands.
CHR. KANUHA: Thank you, Mr. Clerk. I think we’re aware the need for
getting this as soon as possible, and mahalo for the information.
MR. HENRICKS: Thank you very much.
CHR. KANUHA: Mr. Chung.
MR. CHUNG: Yeah. Thank you, Mr. Chairman. And I agree with you in having
Ms. Wille resubmit a new communication. But you know, I was looking this
thing over and a lot of provisions she has made are all in sections to the
ordinance. But they are not contained in the Charter Amendment itself. I think a
lot of these things have to be incorporated into the language of Section 3-2, and
not in all of these separate sections 1, 2, 3, 4, 5, in the ordinance. But I’ll be
willing to work with her during lunch or something. You know, I think it’s also
been suggested by Mr. Paleka and Mr. Onishi, that we might want to look at the
possibility of 10 years. So maybe she can make one with six two-year terms, or
five two-year terms. And then she can bring both of them up, can vet them and
see how it goes.
MS WILLE: Can I respond?
CHR. KANUHA: Sure, Ms. Wille.
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Hawaiʻi County Council-39 May 4, 2016
MS. WILLE: Let me just say in terms of the word “consecutive” when we
discussed it last time, I talked about it as a total, that it would not be consecutive,
and no one on the Council mentioned. And if you did, I didn’t hear you. I
thought I took it in, so I just want to say, in terms of Mr. Paleka. Sort of saying
why don’t I get my act together? I didn’t hear that last time. I was trying to work
with what I heard from you all and from the public, and I felt the comments that I
took from the public was 12.
Also in terms of getting things through and getting things processed there’s just
been with the budget—for me to get these through and there has been time issues.
I would much rather have it on the agenda myself, but I’m trying to work with—if
there weren’t a time limit, I would have no trouble. And I would much rather go
out and come back next time. But I did feel that listening to the Chair where it’s
only a matter of looking at words and incorporating what we have here. Maybe
adding some sections from there, given that we still have more votes going
forward to do that we might be able to accomplish today. I just wanted to explain,
I’m trying to work with what you all said. And hear all of you, where there were
some five year, some six year and actually have it ready here. So if I only came
forward with one or the other, then I wouldn’t have anything in writing. I’ll close
there, but maybe could ask that this be tabled till later in the day to sometime after
lunch.
CHR. KANUHA: Yeah. I’ll ask for the motion after I give Ms. Eoff the floor.
MS. EOFF: I actually received these amendments a few days ago, or I saw that it
had been scanned into laserfiche, so I had some time to look at it.
MS WILLE: It’s been on laserfiche.
MS. EOFF: Yeah, I saw it a while ago. I was just confused by why you had to
take out the word “consecutive,” because actually it would be very simple just to
change the one thing. Four consecutive two-year terms to, five consecutive
two-year terms. And to me that is maybe where I would be leaning. I felt a little
bit uncomfortable doing this at all being that I’m a sit-in Council Member. And
felt that it might be better left to a Charter Commission, but since it seem like
most of us in discussion were supportive of putting something forward at this
point. I would be more comfortable with going to the five two-year terms. I think
you wanted to know what we felt, and that’s my opinion.
CHR. KANUHA: I think we know what’s going on, there’s still a lot more
discussion to be had. Ms. Wille, could you just make a motion to table to the end
of the agenda.
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Vote on Motion to Ms. Wille moved to table Bill 154, Draft 2, to the end of the
Table: agenda. Seconded by Mr. Paleka and carried by the following
voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Now let’s move on with the agenda.
Mr. Clerk, Bill 186
Bill 186: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-255 AND
SECTION 24-257 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION,
AS AMENDED), RELATING TO SPEED LIMITS
Revises Schedule 3 (25 mile per hour limit) and Schedule 5 (35 mile per hour
limit) Subsection (g), Puna, to increase the speed limit from 25 to 35 miles per
hour for a portion of Ainaloa Boulevard.
Reference: Comm. 809
Intr. by: Mr. Paleka
Approve: PWPRC-41
Motion to Approve: Mr. Paleka moved to pass Bill 186 on first reading and adopt
Public Works and Parks and Recreation Committee Report
No. 41. Seconded by Ms. David.
CHR. KANUHA: Mr. Paleka.
MR. PALEKA: Thank you, Mr. Chair. This ordinances is to address concerns
from our community in Ainaloa. This will raise the speed limit, because we
found out that 85 percent of the travelers on the roadway were exceeding that
amount. But the 35 would probably be more consistent or durable in terms of
proper speed limit. Is Ron Thiel still in Hilo, or has he left? I don’t see him.
MS. AVENUE: I do not see him in the Hilo chambers, Mr. Paleka.
MR. PALEKA: That’s okay. Thank you. So I am asking for your support, I did
meet with them just recently. They were happy that this is moving forward, there
is some concern regarding the speed near the Ainaloa Longhouse. And that was
supposed to be taken care of with a smart sign that is going to remind all of us.
Hopefully it will work in that area because of our keiki and the post office boxes
being in that area, so please support this measure. Thank you very much.
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Hawaiʻi County Council-39 May 4, 2016
CHR. KANUHA: Thank you, Mr. Paleka. Council Members, any other
discussion on this? Hearing or seeing none, all in favor of the motion to approve
say “aye.”
Vote on Bill 186: The motion to pass Bill 186 on first reading and adopt
(Approved) Public Works and Parks and Recreation Committee
Report No. 41 was carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Bill 187.
Bill 187: ADOPTS A PAY PLAN FOR PERSONS EMPLOYED BY THE COUNTY
OTHER THAN THOSE WHOSE PAY IS OTHERWISE PROVIDED FOR,
DESIGNATING PAYROLL PERIODS, PAY DAYS, PRESCRIBING
REQUIREMENTS WITH RESPECT TO OFFICIAL FIDELITY BONDS, AND
REPEALING ORDINANCE NO. 15-59 AND ALL AMENDMENTS
THERETO, SAID ORDINANCE TO BE KNOWN AS THE SALARY
ORDINANCE OF 2016
Reference: Comm. 810
Intr. by: Ms. Eoff
Approve: FC-63
Motion to Approve: Ms. Eoff moved to pass Bill 187 on first reading and adopt
Finance Committee Report No. 63. Seconded by Mr. Paleka.
CHR. KANUHA: Any discussion? Ms. Eoff.
MS. EOFF: We had a pretty much in depth discussion on committee and we
understand why this was pretty much mandatory that we approve.
CHR. KANUHA: Thank you. Any other discussion? Hearing or seeing none, all
in favor of the motion to approve say “aye.”
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Hawaiʻi County Council-39 May 4, 2016
Vote on Bill 187: The motion to pass Bill 187 on first reading and adopt
(Approved) Finance Committee Report No. 63 was carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Mr. Clerk, Bill 198.
Bill 198: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2016
Increases revenues in the Transfer from General Fund account ($5,000); and
appropriates the same to the Signals and Street Lights account. Funds would be
used to install two street lights on Puakalo Street in Honoka‘a.
Reference: Comm. 857
Intr. by: Ms. Eoff
Waived: FC
Vote on Bill 198: Ms. Eoff moved to pass Bill 198 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: Motion passes. Mr. Clerk, Bill 203.
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Hawaiʻi County Council-39 May 4, 2016
Bill 203: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2016
Appropriates revenues in the State Grants – Aloha United Way account
($150,000); and appropriates the same to the Coordinated Statewide Homeless
Initiative account. Funds would be used to assist homeless and at-risk families
pay for security deposits, first and last month’s rent and/or utilities.
Reference: Comm. 873
Intr. by: Ms. Eoff
Waived: FC
Motion to Approve: Ms. Eoff moved to pass Bill 203 on first reading. Seconded
by Mr. Paleka.
CHR. KANUHA: Ms. Eoff.
MS. EOFF: I’m not sure if Sharon would like to come forward, since she’s been
sitting here. There was some urgency to this, and maybe you could explain it to
us.
(Note: At this time, Housing and Community Development Specialist
Sharon Hirota came forward to address the members of the Council.)
MS. HIROTA: Good morning. My name is Sharon Hirota, I work for the Office
of Housing and Community Development. The county had an opportunity to
apply for funding that became available out of the Governor’s office. So the
program is called, The Coordinated Statewide Homeless Initiative. The Governor
had allocated $4,657,000 to this program that they had given to the Aloha United
Way, of that 50 percent of the funding was allocated to Honolulu, and the
remaining balance was funded to the Hawaiʻi Island. Maui was eligible for
15 percent and Kauai was 10 percent.
So the county in general can spend up to $1,164,250, and it is to provide housing
assistance to house those that are homeless, at risk of being homeless, and to those
are currently homeless and ready to be housed. So the county is partnering with
three other agencies on our island. So Hope Services Hawaiʻi has submitted an
application, Catholic Charities, as well as Hawaiʻi Community Economic
Opportunity Council, or HCEOC also submitted. So between the four agencies,
the county included we will begin our outreach using one application source to
announce the availability of this funding. We must spend this money that is made
st
available to our county within a 12 month period, back dated to April 1.
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Hawaiʻi County Council-39 May 4, 2016
So we are working together in partnership to ensure that we outreach to all the
communities, to inform our community organizations on the availability of the
funding. Funds can be used to pay for first month’s rent, security deposit, as well
security deposits owed to utility companies.
MS. EOFF: Thank you very much. It’s good to see that we’re utilizing all means
to expedite, and also increase our ability to house those most at need. Thank you.
CHR. KANUHA: Thank you, Ms. Eoff. Mr. Onishi.
MR. ONISHI: Thank you, Mr. Chair. Question, this is for homeless who have
jobs that you folks are going be helping?
MS. HIROTA: This is for anyone who meets the homeless criteria, or for anyone
who is at risk of becoming homeless. So if they are behind in their rent or cannot
afford their rent in total.
MR. ONISHI: If someone doesn’t have a job then how will they continue to be
paying their rent?
MS. HIROTA: So there are people who maybe working right now, but is just
struggling with paying their rent or have fallen behind, because of, maybe,
medical issues. So we’re here to provide assistance. The program as the Aloha
United Way defined it, is that each family is eligible for up to three payments. So
it can be three monthly rent payments, because they’re already housed. For those
who are not housed, they may receive housing assistance through the county.
And in order to be eligible for the unit, they need help with security deposit or
utility deposit. So it depends on the needs of the family.
MR. ONISHI: Well, that’s good. If it’s going to be for like families, like you’re
saying, are working but they might be losing their rental because of whatever
reasons, right. Maybe the rent went up or whatever, and then what they’re
making is not enough. Then to me that’s good, but if it’s going to be for like I
guess homeless where they’re not even, you know, what they call those that going
be housed that chronic homeless kind. Then it’s hard. To me, I think this should
be used for the families, which is great. And will this also be used for first timers,
or like you guys are going to utilize this within people already in the system?
MS. HIROTA: Because this is State funds it’s very flexible, and so we have
funding available to the Federal Government to serve a certain population. Our
goal is not to duplicate, and that’s our partnering. So if somebody is eligible for
federal, we’re going to spend the federal money. If somebody is not eligible for
the federal because of income limits, or because of a specific guideline that they
don’t meet then this is our opportunity to help them.
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Hawaiʻi County Council-39 May 4, 2016
So we’ve already come together at the table to say first of all, we don’t want to
enter into people’s jurisdiction. So I don’t want to enter into a jurisdiction and
talk about this program with Catholic Charities who already did that. So we don’t
want to duplicate, but we also want to make sure that we help everyone in the
community. And this funding allows us to do that.
MR. ONISHI: Yeah, I understand, but I’m just saying that I would like to see,
because there’s families out there that, you know, need the help. So I would like
to see them getting the first help kind of thing, you know, from the county. The
people who are already in the system, you know, it’s like okay, you got to
maintain, you got to improve yourselves, right. Now I understand you folks are
going to be getting some funding from Kauai?
MS. HIROTA: Yes, we are in the process of getting approval from HUD
(Housing and Urban Development).
MR. ONISHI: And that’s to also help with this program?
MS. HIROTA: Yes. We will be coming, I think we’re asking for Housing
Agency meeting in a couple of weeks. And primarily it’s because we are asking
for the Hawaiʻi County Housing Agency’s approval to receive 200 housing
vouchers from the County of Kauai Housing Agency.
MR. ONISHI: And that would be all for new applicants?
MS. HIROTA: Yes.
MR. ONISHI: Okay, good. Right on, thank you.
CHR. KANUHA: Thank you, Mr. Onishi. Ms. David.
MS. DAVID: Thank you, Sharon. Thanks for coming. I just have one question.
Thank you for that program, I think it will help a lot of families like Mr. Onishi is
saying. For this program is there an income qualification requirement for families
to get this help?
MS. HIROTA: So because it’s State funding, there is no income requirements.
MS. DAVID: I see.
MS. HIROTA: That’s why we can be very flexible, and that’s why we’re going
to work with our partners to say if you’re eligible for one program go that way.
MS. DAVID: Right.
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Hawaiʻi County Council-39 May 4, 2016
MS. HIROTA: If you’re not eligible—so primary this will help—the county
stepped up and applied for the funding for two reasons. One, we didn’t want to
leave money on the table. So if the other agencies in our community were not in a
capacity to expand just beyond to what they are already doing, because there’s
very small admin monies that come with it. And the other side is we have a
whole list of people who are not eligible.
MS. DAVID: That’s true.
MS. HIROTA: And I’m always an advocate, because I always believe that
there’s a very large group of people who make too much but not enough. And
this will help them.
MS. DAVID: That was my question. Because I understand that there’s a lot of
that going around, and it’s so unfortunate that groups falls through the cracks.
Where they’re not needy to qualify for the help, and yet they don’t make enough.
So thank you very much. How are you outreaching to the community besides
your list? Are you folks going to advertise about the program?
MS. HIROTA: Yes. So we’re working on the details now, we just want to make
sure that the county as well as the three applicants that I named that we are all on
the same page. And we want to use the same application, so that people get the
same process not matter what door they walk in. We’re are also educating our
staff, so that we can do direct referral to proper agencies.
MS. DAVID: Thank you.
MS. HIROTA: So we should be rolling out within the next week or two.
MS. DAVID: Thank you so much, for all that work. Mahalo.
CHR. KANUHA: Thank you, Ms. David. Council Members, any other
discussion on this item: Hearing or seeing none, all in favor of the motion to
approve say “aye.”
Vote on Bill 203: The motion to pass Bill 203 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.
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Hawaiʻi County Council-39 May 4, 2016
CHR. KANUHA: Motion passes. Thanks, Sharon.
MS. HIROTA: Thank you.
CHR. KANUHA: Mr. Clerk, Order of the Day.
ORDER OF The Chair directed the Council to proceed to the next order of business, Order
THE DAY of the Day (Second or Final Reading).
(SECOND OR
FINAL READING):
Bill 102 AMENDS ORDINANCE NO. 10-110, WHICH AMENDED ORDINANCE
(Draft 2): NO. 08-39, WHICH RECLASSIFIED LANDS FROM SINGLE-FAMILY
RESIDENTIAL – 10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD
COMMERCIAL – 20,000 SQUARE FEET (CN-20) AT WAIĀKEA, SOUTH
HILO, HAWAIʻI, COVERED BY TAX MAP KEY: 2-2-040:121
(Applicant: Jinsoo and Ran Hui Iida ) (Area: Approx. 23,559 sq. ft.)
Extends the deadline to submit the water commitment payment and complete the
proposed commercial development, and replaces the requirement to provide curb,
gutter, and sidewalk improvements along the frontage of the subject property with
a requirement to pay the applicant’s pro-rata share of the full cost of said
improvements.
Reference: Comm. 495.4
Intr. by: Mr. Onishi
First Reading: April 20, 2016
Vote on Bill 102: Mr. Onishi moved to pass Bill 102, Draft 2, on second and
(Draft 2): final reading. Seconded by Mr. Paleka 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: Motion passes. Next item.
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Hawaiʻi County Council-39 May 4, 2016
Bill 164: AMENDS ORDINANCE NO. 99-36, WHICH RECLASSIFIED LANDS
FROM AGRICULTURAL – FIVE ACRES (A-5a) TO FAMILY
AGRICULTURAL – ONE ACRE (FA-1a) AT KEALAKEHE HOMESTEADS,
1ST SERIES, KEALAKEHE, NORTH KONA, HAWAIʻI, COVERED BY
TAX MAP KEY: 7-4-004:033
(Applicant: Kenneth K. Leong Trust) (Area: Approx. 4.201 acres)
The Leeward Planning Commission forwards its favorable recommendation for
this five-year time extension to Condition C, Final Subdivision Approval. The
applicant states that the family is now ready to complete the subdivision of the
parcel into three lots, with the original plan to convey one lot to each family
member.
Reference: Comm. 748
Intr. by: Mr. Ilagan (B/R)
First Reading: April 20, 2016
Vote on Bill 164: Mr. Ilagan moved to pass Bill 164 on second and final
(Adopted) reading. Seconded by Mr. Paleka and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Next item.
Bill 166: AMENDS THE STATE LAND USE BOUNDARIES MAPS FOR THE
COUNTY OF HAWAI‘I BY CHANGING THE DISTRICT CLASSIFICATION
FROM THE AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT
KEAʻAU, PUNA, HAWAI‘I (TAX MAP KEY: 1-6-152:020)
(Applicant: Milo Street Ventures, Inc.) (Area: Approx. 2.082 acres)
Reference: Comm. 753
; and
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Hawaiʻi County Council-39 May 4, 2016
Bill 167 AMENDS SECTION 25-8-22 (PUNA DISTRICT ZONE MAP), ARTICLE 8,
(Draft 2): CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL – TWENTY ACRES (A-20a) TO LIMITED
INDUSTRIAL – 20,000 SQUARE FEET (ML-20) AT KEAʻAU, HAWAI‛I,
COVERED BY TAX MAP KEY: 1-6-152:020
The Windward Planning Commission forwards its favorable recommendation for
this amendment to the State Land Use Boundaries Maps and change of zone,
which would allow the current agricultural uses to continue and allow the
applicant to expand to provide service-type light industrial uses on the property.
Reference: Comm. 753.2
Intr. by: Mr. Ilagan
First Reading: April 20, 2016
Vote on Bill 166: Mr. Ilagan moved to pass Bill 166 on second and final
(Adopted) reading. Seconded by Mr. Paleka and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Mr. Ilagan.
Vote on Bill 167 Mr. Ilagan moved to pass Bill 167, Draft 2, on second
(Draft 2): and final reading. Seconded by Ms. David and carried
(Adopted) by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Next item.
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Hawaiʻi County Council-39 May 4, 2016
Bill 168: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION
FROM SINGLE FAMILY RESIDENTIAL – 10,000 SQUARE FEET (RS-10)
TO INDUSTRIAL - COMMERCIAL MIXED – 20,000 SQUARE FEET (MCX-
20) AT WAIĀKEA HOUSE LOTS, SOUTH HILO, HAWAI‛I, COVERED BY
TAX MAP KEY: 2-2-035:060
(Applicant: Pūlama ‘Āina Trust) (Area: Approx. 21,050 square feet)
The Windward Planning Commission forwards its favorable recommendation for
this change of zone. The applicant states that the existing single-family dwelling
would be demolished, and a 6,000 square foot office building, improvements,
and 37 parking stalls would be constructed.
Reference: Comm. 754
Intr. by: Mr. Ilagan (B/R)
First Reading: April 20, 2016
Vote on Bill 168: Mr. Ilagan moved to pass Bill 168 on second and final
(Adopted) reading. Seconded by Mr. Paleka and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Next item.
Bill 169 AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8,
(Draft 2): CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM
FAMILY AGRICULTURAL – TWO ACRES (FA-2a) TO FAMILY
AGRICULTURAL – ONE ACRE (FA-1a) AT PONAHAWAI, SOUTH HILO,
HAWAI‘I, COVERED BY TAX MAP KEY: 2-5-040:042
(Applicants: Francis H. and Martha A. Rodillas) (Area: 2.724 acres)
The Windward Planning Commission forwards its favorable recommendation for
this change of zone, which would allow the applicants to apply for a subdivision of
the property into two lots which the applicants state would be conveyed to family
members.
Reference: Comm. 755.2
Intr. by: Mr. Ilagan
First Reading: April 20, 2016
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Hawaiʻi County Council-39 May 4, 2016
Vote on Bill 169: Mr. Ilagan moved to pass Bill 169, Draft 2, on second
(Draft 2): and final reading. Seconded by Mr. Paleka and carried
(Adopted) by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Mr. Clerk, I think I’m going to skip over to the
next one, and go to Bill 182.
Change Order As directed by the Chair and with no objection from the Council Members, the
of Business: following item were taken out of order.
Bill 182: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, OF THE HAWAI‘I
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
SPEED LIMITS
Revises existing Item 3 (Kalapana-Kapoho Beach Road), Schedule 4 (30 mph),
subsection (g), Puna, by designating a specific portion of the road to the
prescribed speed limit.
Reference: Comm. 803
Intr. by: Mr. Ilagan
First Reading: April 20, 2016
Vote on Bill 182: Mr. Ilagan moved to pass Bill 182 on second and final
(Adopted) reading. Seconded by Ms. David and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Next item.
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Hawaiʻi County Council-39 May 4, 2016
Bill 183: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, OF THE HAWAI‘I
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
SPEED LIMITS
Adds a portion of Kalapana-Kapoho Beach Road to Schedule 8 (45 mph),
subsection (g), Puna.
Reference: Comm. 804
Intr. by: Mr. Ilagan
First Reading: April 20, 2016
Vote on Bill 183: Mr. Ilagan moved to pass Bill 183 on second and final
(Adopted) reading. Seconded by Mr. Paleka and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Next item.
Bill 184: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, OF THE HAWAI‘I
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
SPEED LIMITS
Adds a portion of Kalapana-Kapoho Beach Road to Schedule 5 (35 mph),
subsection (g), Puna.
Reference: Comm. 805
Intr. by: Mr. Ilagan
First Reading: April 20, 2016
Motion to Approve: Mr. Ilagan moved to pass Bill 184 on second and final
reading. Seconded by Mr. Paleka.
CHR. KANUHA: Any discussion? Mr. Paleka.
MR. PALEKA: This is the one that had little bit discussion? Okay, no, I
understand. Thank you, Mr. Chair.
CHR. KANUHA: Any other discussion? Hearing or seeing none, all in favor of
the motion to approve say “aye.”
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Hawaiʻi County Council-39 May 4, 2016
Vote on Bill 184: The motion to pass Bill 184 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Next item.
Bill 188: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2016
Appropriates revenues in the State Grants – Safe Routes to School (SRTS)
Program Grant account ($175,000); and appropriates the same to the Safe Routes
to School Program Grant account. Funds would be used to support the SRTS
program to improve the ability of children to walk or bicycle safely to school.
Reference: Comm. 836
Intr. by: Ms. Eoff
First Reading: April 20, 2016
Vote on Bill 188: Ms. Eoff moved to pass Bill 188 on second and final
(Adopted) reading. Seconded by Mr. Paleka and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Next item.
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Hawaiʻi County Council-39 May 4, 2016
Bill 189: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2016
Increases revenues in the Federal Grants – High Intensity Impact Grant account
($17,540); and appropriates the same to the High Intensity Impact Grant account.
Funds would be used to combat the methamphetamine drug problem by
conducting sting operations and training officers in the enforcement of these drug
related cases.
Reference: Comm. 837
Intr. by: Ms. Eoff
First Reading: April 20, 2016
Vote on Bill 189: Ms. Eoff moved to pass Bill 189 on second and final
(Adopted) reading. Seconded by Ms. David and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Next item.
Bill 190: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2016
Increases revenues in the Transfer from General Fund account ($5,000); and
appropriates the same to the Office of Housing, Emergency Gap Assistance
Program account. Funds would be used to provide a pass-through grant to
Catholic Charities of Hawai‘i for its Emergency Gap Assistance Program.
Reference: Comm. 839
Intr. by: Ms. Eoff
First Reading: April 20, 2016
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Hawaiʻi County Council-39 May 4, 2016
Vote on Bill 190: Ms. Eoff moved to pass Bill 190 on second and final
(Adopted) reading. Seconded by Ms. David and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Next item.
Bill 191: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2016
Increases revenues in the Transfer from General Fund account ($1,000); and
appropriates the same to the Office of Housing, Other Current Expenses account.
Funds would be used to remove a container on the micro unit construction site
that is impeding construction of the micro unit project.
Reference: Comm. 840
Intr. by: Ms. Eoff
First Reading: April 20, 2016
Vote on Bill 191: Ms. Eoff moved to pass Bill 191 on second and final
(Adopted) reading. Seconded by Ms. David and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Next item.
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Hawaiʻi County Council-39 May 4, 2016
Bill 192: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2016
Increases revenues in the Transfer from General Fund account ($1,200); and
appropriates the same to the Signals and Street Lights account. Funds would be
used to purchase and install pedestrian crossing flags at various crosswalks on
Aliʻi Drive.
Reference: Comm. 842
Intr. by: Ms. Eoff
First Reading: April 20, 2016
Vote on Bill 192: Ms. Eoff moved to pass Bill 192 on second and final
(Adopted) reading. Seconded by Ms. David and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Next item.
Bill 193: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2016
Increases revenues in the Transfer from General Fund account ($20,000); and
appropriates the same to the Signals and Street Lights account. Funds would be
used to purchase and install solar flashing lights designated for use at the new
pedestrian crosswalk on Kuakini Highway.
Reference: Comm. 843
Intr. by: Ms. Eoff
First Reading: April 20, 2016
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Hawaiʻi County Council-39 May 4, 2016
Vote on Bill 193: Ms. Eoff moved to pass Bill 193 on second and final
(Adopted) reading. Seconded by Ms. David and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Next item.
Bill 194: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2016
Appropriates revenues in the Federal Grants – Firefighter Safety account
($81,000); and appropriates the same to the Firefighter Safety account. Funds
would be used to purchase supplies and personal protective equipment to be used
by the Hawai‘i Fire Department’s Fire Protection Bureau.
Reference: Comm. 844
Intr. by: Ms. Eoff
First Reading: April 20, 2016
Vote on Bill 194: Ms. Eoff moved to pass Bill 194 on second and final
(Adopted) reading. Seconded by Ms. David and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Next item.
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Hawaiʻi County Council-39 May 4, 2016
Bill 195: AMENDS ORDINANCE NO. 15-57, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2016, RELATING TO THE TRANSFER OF FUNDS TO
THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES
PRESERVATION FUND
Increases revenues in the Real Property Tax Interest account ($90,000); and
appropriates the same to the Transfer to Public Access/Open Space Preservation
Fund ($80,000) and Transfer to Public Access/Open Space Preservation
Maintenance Fund ($10,000) account. Appropriates additional revenues to meet
County Charter requirements for these funds.
Reference: Comm. 845
Intr. by: Ms. Eoff
First Reading: April 20, 2016
Vote on Bill 195: Ms. Eoff moved to pass Bill 195 on second and final
(Adopted) reading. Seconded by Ms. David and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Just real quick, I know Department of
Research and Development asked if we could suspend our rules for the 5-day
reconsideration for Resolution 519-17. Ms. Eoff.
MS. EOFF: May I make that motion?
CHR. KANUHA: Please.
MS. WILLE: Before you do that, could we combined that with my Resolutions?
CHR. KANUHA: Okay. Can we have a motion to suspend our 5-day
reconsideration for all the contingency relief funds as well as Resolution 519?
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Hawaiʻi County Council-39 May 4, 2016
Vote on Motion Ms. Poindexter moved to Suspend Council Rule 15 to waive
to Suspend the 5-day hold for reconsideration for all Contingency Relief
Council Rules: Funds and Res. 519-17. Seconded by Ms. Eoff and
(Approved) carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Council Members, it’s 12:00, we have two
Charter Amendments needing to be discussed. That might take a while, so I think
now will be appropriate to do a lunch break. If you guys are okay, with that. I
know we can power through, but I think that might be more appropriate since this
two items might be discussed in length. Bill 154 has been tabled, and Bill 179
hasn’t been discussed. And we still have Finance too. Okay, we can do 179,
Mr. Clerk.
Return to Bill 179 The Chair directed the Council to return to Bill 179, Draft 2.
(Draft 2):
Bill 179 AMENDS ARTICLE III, SECTION 3-15 OF THE HAWAI‘I COUNTY
(Draft 2): CHARTER (2014), RELATING TO THE GENERAL PLAN
Adds and amends language in Section 3-15.
Reference: Comm. 794.3
Intr. by: Ms. Wille
First Reading: April 20, 2016
2/3 Vote: Second of three required readings,
Section 15-1(a), Hawai‘i County
Charter
(Note: Comm. 794.6, From Council Member Margaret Wille dated May 3, 2016,
transmitting proposed amendments to Bill 179, Draft 2, was circulated.)
Motion to Approve: Ms. Wille moved to pass Bill 179, Draft 2, on second and
final reading. Seconded by Ms. David.
CHR. KANUHA: Ms. Wille.
MS. WILLE: This is on the General Plan, and this is what’s in the Charter. Sort
of giving the overall scope, and tempting to add in this sort of overarching
principal of incorporating that it. Set forth the Council’s long range policy on its
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Hawaiʻi County Council-39 May 4, 2016
Economic, Environmental, and Socio-Cultural Wellbeing. And there was very
good discussion, and the point was made that really we shouldn’t be cutting out
the point about including the key thing of the long range comprehensive physical
development of the county. So I did add that in, but then last time there was a
point of let’s see if we can get the language a little better. And also there was a
request that I discussed this, and made sure the language is good with the Director
of Planning and had vetted through him.
So I did incorporate and then I met with the Director, and we came up with some
language. And then after that he later consulted with his Long Range Planning
Division, which asked that it be modified a little differently. So as a result of all
those discussions, at least for discussion purposes I would like to propose to
amend Bill 179, Draft 2, with the contents of Comm. 794.6.
Motion to Amend: Ms. Wille moved to amend Bill 179, Draft 2, with the
contents of Comm. 794.6. Seconded by Ms. Eoff.
CHR. KANUHA: Ms. Wille.
MS. WILLE: This is just working on trying to get clarity in the first paragraph,
and how the words were. Otherwise one would have sort of long range repeating
words. I did make a change, I took out the other items I had added before and put
it in the word health. The other thing that the Director asked me to remove, and
really just because he felt it wasn’t as clear of a statement. Was on page two,
you’ll see where it would now say—it lists a number of things in terms of like the
General Plan shall include such as power and transit, and water sewers. And it
ends with, “And in the Council’s judgement promote the general welfare, health,
and prosperity of the people.” So we keep that, but take out some of the other
verbiage so that it would no longer say “And such other matters as may in the
Council’s judgement.”
And this is what would be admitted, it will be beneficial to the social economic
and governmental conditions and transit shall be designed to assure the
coordinated development of the county. And just in terms of the Long Range
Planning people saying, lets make this a little more concise like what does that
mean. But he liked the part and such other matters as may in the Council’s
judgement for both the General Welfare, and I added the word health there and
prosperity of the people. So this is just really language crafting, and trying to
work with him. The reason this is as late as it was is that the Long Range
Planning people came in and asked, and he communicated, do we have time to get
this as they’re requesting it. And he said that if we wanted him to come in and
lend his support he would do so, I don’t know that he’s there. But he would be
available if any of you wanted to confirm that he was copacetic with this wording.
CHR. KANUHA: Thank you. Mr. Chung.
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MR. CHUNG: Yes, Mr. Chairman. If I could ask a question of the Deputy
County Clerk?
CHR. KANUHA: Go right ahead.
MR. CHUNG: Draft 2, when we took it up it was unanimously approved, right?
What, this is second reading?
MR. HENRICKS: I wish I could recall that well. I can certainly find that out in a
few minutes, I don’t want to speculate I guess.
MR. CHUNG: Alright. Because I think what happened if my recollection serves
me correctly, is that the first time this came up in committee you know, there
were a lot of no votes. And then Ms. Wille integrated some of the concerns that
we had, and I think it unanimously—yeah, if you could check though.
MS. WILLE: It was unanimously. What I asked was could we please move this
forward, and that I would make the changes in terms of the language since it
really had to do with just clarity of the language.
MR. CHUNG: Alright. That’s all I wanted to know.
CHR. KANUHA: Thank you, Ms. Wille. Council Members, still on 794.6.
Ms. Eoff.
MS. EOFF: I remember that too. We had some concerns about some redundancy
and some formatting that you said you would work with. And I’ve been
following the different drafts that have come through, and this one is getting very
concise. And I think you’ve taken out at the Directors suggestion, some of the
redundancy. If we do amend with this version I don’t know whether it probably
be good to hold it over—I mean not hold it over, per our rules we shouldn’t vote
on something that’s been amended at second reading anyways. Oh, we have one
more reading.
CHR. KANUHA: Yeah, Charter.
MS. EOFF: Oh, okay. So I’m pleased with this 794.6, and will be supporting it.
CHR. KANUHA: Thank you, Ms. Eoff. Ms. David.
MS. DAVID: Thank you, Chair Kanuha. And if I may ask Ms. Wille a question?
CHR. KANUHA: Go right ahead.
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Hawaiʻi County Council-39 May 4, 2016
MS. DAVID: Thank you. Ms. Wille, I really thank you for engaging our
Planning Director in this. Because I think his perspective as far as making sure
that this is a General Policy Statement where it doesn’t impose any undue burden
on defining how we do these things in the future. So I like this language, and I
like the fact that the other sentence before that was taken out. The Planning
Director basically worked with you and came up with this general revision then.
He’s okay with it? Okay, great.
CHR. KANUHA: If you want to answer.
MS. WILLE: I also did meet this morning with the Director, and he appreciated
basically incorporating this kind of language into here.
MS. DAVID: Yes, thank you. I’m very happy, I’ll support this Margaret. Thank
you.
CHR. KANUHA: Thank you. Council Members, any other discussion on the
proposed amendment? I’m okay. I like this language, so I’ll be supporting. All
in favor of the motion to amend say “aye.”
Vote on Motion to The motion to amend Bill 179, Draft 2, with the contents
Amend: of Comm. 794.6 was carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Now on to the main bill as amended. Any
discussion? Ms. Wille.
MS. WILLE: No. If I hear any comments, I’ll respond. But I think we’ve
discussed this. You know, just really giving that overarching perspective, and it
also reflects, at least in my community, the discussions that went on with the CDP
(Community Development Plan) people and how they sort of organized their
thoughts. In a way I sort of looked at it as three overlapping circles, you got
economic wellbeing, environmental wellbeing, and socio-cultural wellbeing. And
you aim really that it’s where those three circles come together and where we
look, and that’s how I look at it. I could just say throw in the public trust doctrine
of the future or many other things. But I’ll refrain from philosophizing, unless
anyone has a comment, question, or concern.
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CHR. KANUHA: Thank you, Ms. Wille. Any other discussion? Hearing or
seeing none, all in favor of the main motion as amended say “aye.”
Vote on Bill 179 The motion to pass Bill 179, as amended to Draft 3, on the
(Draft 3): seconded of three required readings, was carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. And just for clarification that still has one
more reading. Okay, Council Members, I think it’s time for lunch break it’s
12:10 p.m., we’ll recess until 1:30 p.m.
Recess: At 12:13 p.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 1:37 p.m.
CHR. KANUHA: . . . take that item up yet. So I will recess the Council
meeting until the conclusion of the Finance Committee. So we will now be in
recess until the conclusion of Finance.
Recess: At 1:37 p.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 3:08 p.m.
CHR. KANUHA: Okay, we are coming out of recess for our Council meeting.
May I have a motion to bring back from the table Bill 154, Draft 2?
Motion to Remove Ms. Poindexter moved to remove Bill 154, Draft 2 from
from Table: the table. 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.
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Hawaiʻi County Council-39 May 4, 2016
CHR. KANUHA: Motion passes. We now have Bill 154, Draft 2, in front of us,
and I will give it over to Ms. Wille.
MS. WILLE: Thank you. And for purposes of discussion, I would like to move
to amend—
CHR. KANUHA: Wait, hold on. Real quickly, I think we also have the
communication that was connected to 110. Yeah, 705.10.
MS. WILLE: Okay, then I would like to move to withdraw Bill 154—
CHR. KANUHA: No. You move to withdraw 705.10.
MS. WILLE: Move to withdraw 705.10, and instead amend Bill 154,
Draft 2, with the contents of Comm. 705.11
Withdraw Motion Ms. Wille withdrew her motion to amend Bill 154, Draft 2,
with the contents of Comm. 705.10.
Motion to Amend: Ms. Wille moved to amend Bill 154, Draft 2, with the
contents of Comm. 705.11 Seconded by Mr. Paleka.
CHR. KANUHA: Ms. Wille.
MS. WILLE: With the help from my colleague to my left, this will be—again,
we’re talking about Council terms and that the length of the terms. The basic gist
is that instead of being limited to four consecutive two-year terms, Council
Members would be able to serve five consecutive full two-year terms. And the
way it’s written here if you look at it, we’d be crossing out the words “The terms
of Council Members shall not exceed six two-year terms.” And it would say “No
Council Member shall be eligible to run for re-election as an incumbent after
having served five consecutive full two-year terms.” By drafting it this way, we
don’t need that other section five that was on page two. And that you need to
know by using the word “reelection,” run for re-election as an incumbent you
cannot serve for more than five consecutive.
So we added the word “consecutive” back in okay, and then it would either have
been you’re limited to serve five consecutive two-year terms. So here somebody
being reelected, you would actually technically, that would be after one term.
Have a total of six two-year terms. So by doing it and by writing it this way, we
don’t have to get into having that additional language as a transition. Because it’s
already including the whole point about no member shall be eligible to run for
reelection as an incumbent after having served five consecutive two-year terms.
So you know, the other way, we do have other additions, if you would rather have
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it where it is, basically just crossing out, you know, the number six or leaving six.
And then making the second section that would explain it as an alternative way to
say it. And those are being copied right now. I felt we would get this, and this is
to try to see if this is acceptable. If you have questions, we could have other
options here. I’m going to defer to Council Member Chung if you allow me to.
CHR. KANUHA: He was next on the list of people to call.
MS. WILLE: Okay.
CHR. KANUHA: Mr. Chung.
MR. CHUNG: Yes, thank you, Mr. Chairman. And thank you, Ms. Wille, for
allowing me to help on this. I just wanted to emphasize two points. First one is,
if you noticed, it changes the max amount of consecutive two-year terms from six
to five. And I think that was in response to a lot of the comments, or concerns
that were being had by several of the Council Members. Because my personal
feeling is six. That’s what I had on my original bill many years ago, or my
original Charter amendment proposal many years ago. And I said, well I just
came up with it because I said, you know, half a generation. I guess people are
getting kids younger, so maybe half a generation is now ten years. I can buy that.
But you know, I like this version as opposed to Ms. Wille’s, no offense. Because
everything is contained in one sentence, as opposed to being broken up. And I
think it achieves the same thing that she was trying to achieve, so I’m in support
of this amendment. Thank you.
CHR. KANUHA: Thank you, Mr. Chung. Mr. Paleka, then Ms. Eoff.
MR. PALEKA: Thank you, to all of the Council Members. Basically this is
good, it’s ready to go, and the 10 year or five consecutive term language is very
clear. That’s the max, 10 years. And then you could go another 10 later on, but
what it does allow for, you know, it’s not up to us and that’s the great part about
it. What this actually does it offers up to the public who we serve, and the
opportunity to weigh in. And I think this probably will come closest to what the
general consensus, from the feedback that I’ve been getting so far, you know. But
anyway with that being said, just us being, you know, it’s kind of uncomfortable
suggesting anything that could affect yourself. The perception alone, but I like
that it’s really the public that decides. I do want to commend Margaret. Good
job. And also, Aaron for drafting it up so quickly, I would also lend my support,
good job.
CHR. KANUHA: Thank you, Mr. Paleka. Ms. Eoff.
MS. EOFF: Thank you. I pretty much agree with what Mr. Paleka said, it is a
little uncomfortable to me to be doing this. And yet I feel like we should give the
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voters a chance, but some of the things we talked about last time kind rung true
with me. And that is some of our staff, and some of the elected people should
have the opportunity to work 10 years. I think that’s a good thing, but I just have
a question. I just wonder if it was, and perfectly understandable, why did we even
have to change anything except for that one number four to five? I mean the
terms of the Council shall not exceed, but I don’t even think it needed much
explanation it’s just changing four to a five. I just wondered if there’s an
explanation, why you had to repurpose the sentence the way it is now.
MS. WILLE: That’s another option, and I liked that better just because he saw
that crossed out and another number. What that would require is clarification in
terms of Section 5.
MS. EOFF: That’s what my question is.
MS. WILLE: The transition part, which I would say we’d either—one thing that
Jon explained to me—I was thinking Section 5 was really for only us to see, and
the voters would not see that. I was a little uncomfortable with that, but he
explained to me that’s not the case. Basically they would get a ballot question,
and it wouldn’t be like they don’t get to know what happens to the incumbents.
That’s the two ways of doing it, you know, I felt just having the number say five
rather than six was simpler.
MS. EOFF: But the actual amendment to the Charter doesn’t include any of the
language in Section 5? That’s just for explanation to the voter?
MS. WILLE: Yes. Let me just clarify that the voters would get to know that,
which was important to me. And I thought therefore, really—and what Mr.
Chung said, we ought to really move that up into the Charter. Thinking that only
we as the Council Members, in the bill would see that. But he corrected me and
said no that’s not true it would go out to the voters and they would know that in
the way the ballot question is drafted. And that’s why he said push this through
now, because we have to work on ballot questions. We really need time to work
on those. I’m okay, with either one, you know, basically I like to respect going
with what other Council Member say where they’re agreeing with my intent.
MS. EOFF: I’m looking at the final language of the Charter, and how it would
look as amended. I prefer the simple change from, well in here it has to say six
because that was your original bill, but currently the Charter reads four
consecutive two-year terms that would change to five consecutive two-year terms.
This Section 5 is a little bit hard for me to understand, but I guess in a context of a
ballot question it would become obvious to the voter if you had sat out a term or it
only includes consecutive terms.
MS. WILLE: Jon, would like to say something if you would let him.
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Hawaiʻi County Council-39 May 4, 2016
MS. EOFF: Okay.
MR. HENRICKS: I think you guys are doing pretty good over there.
MS. EOFF: I understand that five is just helping to explain what you’re voting
on, but the actual change to the Charter could be as simple as just a one word
change.
MS. WILLE: Correct.
MS. EOFF: Currently it says four, and we could change that to five. So I don’t
know, I think to me that’s easier, or simpler. I don’t know whether this—the one
you just passed out is as easy to read when you’re just looking at Section 3-2. I’m
willing to listen and I’m open, I just wanted to say that.
CHR. KANUHA: Mr. Chung.
MR. CHUNG: Yeah, thank you. Let me address that, you know, because I was
thinking about very simple change from whatever it was to move forward. This
opens up the possibility. I’ll stand committed right now, if I go 10 years here and
if this is passed, I go 10 years I’ll never run again. Okay, but there maybe people
who might serve their 10 years, and maybe have a break and then go again. This
one makes it much clearer that you can do that.
MS. EOFF: I don’t know if there’s any confusion about that right now the way
the Charter reads. We’ve all been operating that way.
MR. CHUNG: But it’s really up to you guys. Because I just felt uncomfortable
that Ms. Wille with her good heart tried to put a little provision in there to protect
me. And I didn’t want it to be the Aaron Chung provision, so lets just make
something general that will apply across the board. But thank you very much,
that was nice of you.
CHR. KANUHA: Ms. Wille.
MS. WILLE: Well, I didn’t think about it that it would be the Aaron Chung
provision, but I did feel that was fair to do. When I first read what you wrote, I
didn’t understand it. And I had to go, and then Jon and I went back over it and
went with re-election incumbent. And actually as I read it now, you can see that
if you serve five consecutive terms as an incumbent you’re really saying six terms
on this one. “No council member shall be eligible to run for reelection.” That
means they already served one term as an incumbent after having served five
consecutive full two year terms. Anyway it was a little harder, maybe you all find
this one a little easier to understand. It was easier for me to understand, shall not
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Hawaiʻi County Council-39 May 4, 2016
exceed whether you said five or six consecutive terms. What helped me was it
wouldn’t have the Aaron Chung provision in the Charter that would only be a
clarification in the ballot, okay. And I fully understood that.
I would really appreciate it if we adopt one of these, and I would go with either. I
just felt for the public where you have less big words and where it’s clear. If I
was reading it, I’d see they’re switching over here. Again, it’s now for—but since
we’re working off of Draft 2, we’re changing it to six. In the Charter
Amendment—and Jon can you sort of in terms a ballot question. It would be sort
of like shall the Council Members be eligible to serve five consecutive terms
rather than four consecutive terms. And maybe whatever other wording he
needed for the transition. I think we all understand it, it’s really what wording the
members are most comfortable with. And I’m happy to defer to Aaron’s, you
know, either way.
CHR. KANUHA: Mr. Chung.
MR. CHUNG: You know, I looked at these two proposals over, and either one is
okay, quite frankly. The main thing is Ms. Wille took out the word total that was
a big one. But either one is absolutely okay with me. Lets go with the path of the
least resistance here, and the one that’s going to take up least amount of time. If
you guys feel comfortable with Ms. Wille’s, lets go with it, they both accomplish
the same thing in my opinion.
CHR. KANUHA: Ms. Eoff.
MS. EOFF: I was just going to say, just looking at the confusion it kind of causes
us—I would be more comfortable with—well we haven’t introduced this as a
proposed amendment yet. But just with the idea of changing the number of
consecutive terms.
CHR. KANUHA: Okay, thanks, Ms. Eoff. Mr. Onishi.
MR. ONISHI: Okay, so Ms. Eoff’s concern. You’re saying that the amendment
that she has now, and if it’s put the voters that they might not understand?
MS. EOFF: I’m just saying that I think that’s unnecessary. If we’re just asking
the voters if they want to change the number of terms from four to five. I just
think we just need to change that one number in the Charter.
MR. ONISHI: So that would—
MS. EOFF: I would rather see—
MR. ONISHI: So that would go to 705.13?
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Hawaiʻi County Council-39 May 4, 2016
MS. EOFF: Yeah.
MR. ONISHI: Okay. In fact maybe that might be good, because if you look on
the back in Section 5. It talks about the Council Members that are already
elected, and how much more times they can serve. So it makes it really clear,
because if you look at 705.11, it doesn’t really state anything about that. So
someone could think that if you guys get elected in 2016, you could go up to 10
years, right. But if you look at 705.13, Section 5 it tells you, right. And it’s clear
like whoever wins the election in 2016, if that’s your third term already you only
get two more terms if you get re-elected, right. So that would really make it more
clear. In that case as Ms. Eoff is saying, yeah, I would recommend that we go
with 705.13.
MS. EOFF: And then we don’t have to clutter up the final wording in the Charter
with this.
MR. ONISHI: Yeah. Maybe I can get Mr. Chung.
CHR. KANUHA: Mr. Chung.
MR. CHUNG: Yeah, again, I look these two things over and I think mine is
better. But it’s simpler if we went with Ms. Wille’s, but there is one crimp to all
of this. Mines does not contain a Section 5, well at least the wording that she
proposed. You could integrate different elements of hers into mine, or mines into
hers. Under mine, any person sitting here if approved cannot go more than 10
years. Under Ms. Wille’s, it seems to read no more than five consecutive
two-year terms exclusive, so you’re excluding any previous terms you’re tacking
on. I mean that’s how I read that. It’s 10 additional years, I don’t think that’s
what we’re trying to do.
CHR. KANUHA: Mr. Onishi, just real quickly.
MR. ONISHI: Okay. That’s why I had asked Ms. Wille about that, I said do you
mean it’s continuously like counting what you already had and total 10 years.
And she said yeah, in Section 5. But I don’t know if you read it, to me it doesn’t
seem what that means. It’s not correct. I’ll yield.
MR. CHUNG: Maybe the word has to be changed from exclusive to inclusive of
any previously served.
CHR. KANUHA: Ms. Wille.
MS. WILLE: It does make clear that each person who’s duly elected to serve as
Council Member in the 2016. It’s just people who are reelected this time, after
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this we won’t need any of this language. Each person who is duly reelected and
serve as Council Member in 2016 shall be eligible to serve no more than five
consecutive two-year terms. Exclusive of any previously served nonconsecutive
terms. And that was dealing with Aaron’s situation, he’s the only one that served
here non-consecutively. So otherwise it could be interpreted as—maybe now if
we added the word consecutive in we could even put a period there just to be
clear. Anyway I think it reads correct. Jon, can you weigh in on this wording?
MR. HENRICKS: Which part, the exclusive or inclusive?
MS. WILLE: So under Section 5.
MR. HENRICKS: But we’re on 705.11, it doesn’t have any of that if I
understand correctly.
MS. WILLE: Okay.
MR. HENRICKS: Are we having leeway to talk about—“we” meaning you
folks?
CHR. KANUHA: I was giving a little leeway since we’re all talking about the
same thing.
MR. HENRICKS: So are you looking at .13 and .14 now?
MS. WILLE: Yes, correct. So just take number .13, and it would say the terms of
Council Members shall not exceed five consecutive two-year terms. The current
Charter says four consecutive two-year terms. And then how do we deal with
current members?
MR. HENRICKS: I am going to, I think agree to what Mr. Chung said earlier,
and by doing so, letting you know this will always be a challenge. Quite frankly,
I’ve always read our current Charter that if you serve four consecutive terms you
can never run again, but nobody agrees with me on that. So my point is this, to
write this and craft it so that everybody will agree what these terms mean is very
challenging let alone going forward. But now trying to do it to account for
everyone’s situation here, best of luck. It’s very, very difficult to use the
appropriate words, to deal with incoming Council Members. It’s interpretation
and being comprehensive, and fulfilling every body’s different—on how they
would read it. Very difficult to do.
CHR. KANUHA: Thank you, Mr. Clerk. Ms. Wille, we’re going to kind of bring
it back to 705.11. I know I’m giving leeway.
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MS. WILLE: We are now on 705.11, and what we want is for the ballot question
to be clear. And one of the people who would have to write it feels that this gives
more clarity then I would be willing to except this. And how it’s written in the
Charter, either way people are going to understand that. Let me just say, my first
confusion was I was thinking on the ballot it was going to say like what we have
here. You know, cross out this and do that, but that’s not the case. That’s only
for us. What’s on the Charter will be written as a ballot question, so I’m going to
support 705.11. We got this before the Council, we’ve got what’s in the ballot,
we’ve got what’s in the Charter, and it’s hard to keep those distinct. I will agree
with Council Member Chung, and the advice from our Deputy Clerk who would
be helping to write the ballot question.
CHR. KANUHA: Thank you, Ms. Wille. Council Members, you okay?
Ms. Eoff.
MS. EOFF: For instance Harry Kim is running again for Mayor, so he served two
consecutive four-year terms, which is the term for the Mayor. There was really
no question, since he sat out he could come back. I never thought there was
question once you sat out. Like Mr. Chung sat out, he came back under the
assumption that he can run four more consecutive two-year terms.
MR. CHUNG: If I may best to make it very clear.
MS. EOFF: So how can we make that very clear? Because even the 705.11, “No
Council Member shall be eligible to run for re-election as an incumbent after
having served five consecutive full two year terms.”
MR. CHUNG: What’s not clear about that?
MS. EOFF: Can they sit out and come back still?
MR. CHUNG: That’s exactly what it says. That’s why the word incumbent is
there. This is crystal clear. If I may Mr. Chairman.
CHR. KANUHA: Mr. Chung.
MR. CHUNG: I think all of you probably know, the predicament I was in many
years ago. Charter Amendment had a wording that was not clear, Curtis Tyler
and I opted out. Jimmy Arakaki stayed in and he was able to do so. Even if the
Supreme Court said later on that he wasn’t, Intermediate Court of Appeals said it
was probably improper. It was done. He was certified by the Clerk, ran, won
again. You want to clear up ambiguities, and I know Ms. Eoff you’re saying the
easiest thing for the voters would be to just change the number. No, it’s best to go
and clear things up right now. If you want to, go ahead, do it right.
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CHR. KANUHA: Thank you, Mr. Chung. Mr. Onishi.
MR. ONISHI: You know, after reading this again, I support 705.11. Because it
really states that. It says any incumbent having served five consecutive full terms
cannot run, so for members that are existing here if you win your third term you
have two more left. That states it right here, because you are an incumbent and
you only can go up to five terms. So it really says it here, and I’ll support this. I
yield.
CHR. KANUHA: Ms. David.
MS. DAVID: Yes, and I thank you for that explanation, because I think the key
word here is incumbent. Which was absent in the original language. I think that
was the question Mr. Chung raised, on the decision that there was an ambiguity
back then during Mr. Arakaki’s time. And by the time the court ruled his term
had expired, but I think this really clears up using “incumbent” so there’s no
question. And also knowing the process and procedures that our County Clerk
Office needs to craft valid language, and it has to be crafted in such a way that it
is understandable. If this allows that leeway and the ability to do that, so it can go
out to the voters in a clear explanation then I would support 705.11. Thank you.
CHR. KANUHA: Thank you, Ms. David. Okay, I’m going to end the debate on
this amendment, and state my support for it. You know, we’ve gotten common
ground, I think between the six and five years, I’d rather see the six years, but if
the five years is going to be proposed I’m fine with that. You know, the voters
are going to decide this anyways whether they like this or not, but I personally
like this language. To me, it’s clear in what it does. Mr. Clerk, roll call on the
amendment.
Vote on Motion to The motion to amend Bill 154, Draft 2, with the contents
Amend: of Comm. 705.11 was carried by the following roll call
(Approved) vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Thank you, Mr. Clerk. Ms. Wille, on the main motion as
amended.
MS. WILLE: Since we’re amending a Draft 2, for that reason we’re having to
cross out the words that say the term shall not exceed six two-year terms.
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Because that’s what I was working on, but just ignore that since that’s not in the
Charter. The Charter has four consecutive two-year terms. I think we discussed
the issue, so I’m not going to, unless there are some questions I’m not going to
speak any further.
CHR. KANUHA: Thank you, Ms. Wille. Council Members, any other
discussion on this? Mr. Clerk, roll call.
Vote on Bill 154 The motion to pass Bill 154, as amended to Draft 3, on the
(Draft 3): second of three required readings, was carried by the
(Approved) 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: Motion passes.
REPORTS: The Chair directed the Council to proceed to the next order of business, Reports.
(There were none.)
REFERRALS The Chair directed the Council to proceed to the next order of business,
FOR EXECUTIVE Referrals for Executive Session.
SESSION:
(There were none.)
OTHER The Chair directed the Council to proceed to the next order of business, Other
BUSINESS: Business.
(There was none.)
ANNOUNCE- The Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
MR. ONISHI: Mr. Chair?
CHR. KANUHA: Mr. Onishi.
MR. ONISHI: I wanted to mention something. Just to let you folks know, I still
have to confirm it. The funding for the Rapid ʻOʻhiā disease they might of got
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Hawai`i County Council-39 May 4, 2016
only $300,000 out of the $600,000, so there's a lot of work need to be done. Just
wanted to let you guys know, but I'm going to confirm that by tomorrow.
CHR. KANUHA: Thank you, Mr. Onishi for that update. Can I have a motion to
adjourn?
ADJOURN- There being no other business, at 3:43 p.m., Ms. Poindexter moved to adjourn
MENT: the meeting. Seconded by Ms. Eoff 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: NOV Z 2017
Y CLERK
SM/rk
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