HomeMy WebLinkAboutMIN COUNCIL 2016/05/17 2014-2016
Hawaiʻi County Council
th
40 Session
Hawaiʻi County Council
25 Aupuni Street
Hilo, Hawaiʻi
May 17, 2016
INVOCATION: Pastor Bob Tominaga of Thy Word Ministries gave the morning’s
invocation.
CALL TO The regular meeting of the Hawaiʻi County Council was called to order at
ORDER: 9:05 a.m., in the Council Chambers, Hilo, by Mr. Dru Mamo Kanuha,
Chair.
ROLL CALL:
Present: Mr. Dru Mamo Kanuha, Chair
Ms. Valerie T. Poindexter, Vice Chair
Mr. Aaron S. Y. Chung, Member (came in later)
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. Wille 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 (Note: At this time Council Member David presented a Certificate of
EXPRESSIONS Merit to Lani Cran-Petrie for her achievement of being inducted into the
OF CONDOLENCE: Paniolo Hall of Fame; and to Keola Awong, for her achievement of being
selected as Manager of the 116,000 acre Kahuku Unit of the Hawaiʻi
Volcanoes National Park.)
Recess: At 9:18 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 9:20 a.m.
Hawaiʻi County Council-40 May 17, 2016
CHR. KANUHA: Okay, we’re now out of recess. Mahalo, Ms. David, for
those certificates. Next up on the agenda, we have Statements from the
Public on Agenda items.
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:
Raghu Giuffre: Comm. 883, comment.
William K. Watkins: Bill 185 (Comm. 807), in support.
(Representing the Fern Forest
Community Association)
Clare Loprinzi: Res. 516-16, Draft 2 (Comm. 850), in
support.
John Thrasher: Bill 186 (Comm. 809), comment.
Joe Pierce: Bill 154, Draft 3 (Comm. 705);
Bill 185 (Comm. 807);
Bill 186 (Comm. 809);
Bill 101, Draft 2 (Comm. 494); and
Bill 201 (Comm. 866); comment.
APPROVAL The Chair directed the Council to proceed to the next order of business,
OF MINUTES: Approval of Minutes.
Vote on Approval: Ms. Poindexter moved to approve the minutes of July 18,
of Minutes: 2014. Seconded by Mr. Paleka and 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. Can I also have a motion to approve the
minutes of May 19, 2015?
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Hawaiʻi County Council-40 May 17, 2016
Vote on Approval: Ms. Poindexter moved to approve the minutes of May 19,
of Minutes: 2015. Seconded by Ms. David and 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. Mr. Clerk, Communication 883.
COMMUNI- The Chair directed the Council to proceed to the next order of business,
CATIONS: Communications.
Comm. 883: NOMINATION OF MARY BEGIER, SIGMUND ZANE, ELMER GOROSPE,
BARRY TANIGUCHI, AND BRIAN DELIMA TO THE BANYAN DRIVE
HAWAI‘I REDEVELOPMENT AGENCY
From Mayor William P. Kenoi, dated May 4, 2016, submitting for the Council’s
review and confirmation the above nominations pursuant to Resolution
No. 481-16.
Waived: PC
Motion to Approve: Mr. Paleka moved to confirm the appointment of Mr. Sigmund
Zane to the Banyan Drive Hawaiʻi Redevelopment Agency.
Seconded by Ms. Eoff.
(Note: At this time, Executive Assistant to the Mayor Charmaine
Shigemura and Nominee Sigmund Zane came forward to address the
members of the Council.)
(Council Members spoke in favor of the appointment.)
Vote on Sigmund Zane: The motion to confirm the appointment of Sigmund Zane
(Approved) to the Banyan Drive Hawaiʻi Redevelopment Agency 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.
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Hawaiʻi County Council-40 May 17, 2016
CHR. KANUHA: Motion passes. Thank you. Can I have a motion to approve
Ms. Mary Begier?
Motion to Approve: Ms. Eoff moved to confirm the appointment of Mary Begier
to the Banyan Drive Hawaiʻi Redevelopment Agency.
Seconded by Ms. Poindexter.
(Council Members spoke in favor of the appointment.)
Vote on Mary Begier: The motion to confirm the appointment of Mary Begier
(Approved) to the Banyan Drive Hawaiʻi Redevelopment Agency 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.
Motion to Approve: Mr. Paleka moved to confirm the appointment of Elmer
Gorospe to the Banyan Drive Hawaiʻi Redevelopment
Agency. Seconded by Ms. Poindexter.
(Council Members spoke in favor of the appointment.)
Vote on Elmer Gorospe: The motion to confirm the appointment of Elmer Gorospe
(Approved) to the Banyan Drive Hawaiʻi Redevelopment Agency 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. I just want to briefly apologize to Mr. Zane.
We approved his nomination, and I want to take a recess to congratulate him. So
you don’t have to sit there the whole time, I completely forgot. I didn’t expect
it—this could go on for another two hours for the next couple nominees. I’ll take
a brief recess, we’re in recess.
Recess: At 10:47 a.m., the Chair called for a recess.
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Hawaiʻi County Council-40 May 17, 2016
Reconvene: The meeting reconvened at 10:59 a.m.
CHR. KANUHA: Okay, Council Members, we are coming out of recess.
Moving on with Communication 883. Next up we have Barry Taniguchi. May I
have a motion to approve the nomination of Barry Taniguchi?
Motion to Approve: Mr. Onishi moved to confirm the appointment of Barry
Taniguchi to the Banyan Drive Hawaiʻi Redevelopment
Agency. Seconded by Ms. Poindexter.
(Council Members spoke in favor of the appointment.)
Vote on Barry Taniguchi: The motion to confirm the appointment of Barry Taniguchi
(Approved) to the Banyan Drive Hawaiʻi Redevelopment Agency 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. May I have a motion to approve Brian
DeLima?
Motion to Approve: Mr. Paleka moved to confirm the appointment of Brian
DeLima to the Banyan Drive Hawaiʻi Redevelopment
Agency. Seconded by Ms. David.
(Council Members spoke in favor of the appointment.)
Vote on Brian DeLima: The motion to confirm the appointment of Brian DeLima
(Approved) to the Banyan Drive Hawaiʻi Redevelopment Agency 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.
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Hawaiʻi County Council-40 May 17, 2016
CHR. KANUHA: Motion passes. So that’s everything with our first item, right,
Mr. Clerk? Okay. I do want to take a few items out of order, if that’s okay?
Before I get to 185, and 186. I want to do Resolution 526, which is in the
beginning.
Change Order As directed by the Chair and with no objection from the Council Members, the
following items were taken out of order:
Res. 526-16 ACCEPTS THE DONATION FOR PARK PURPOSES OF LOT 2-A-1-A
(Draft 2): IDENTIFIED AS TAX MAP KEY: 7-7-008:030, SITUATED AT
RDTHST
PAHOEHOE 3 AND 4 AND LA‘ALOA 1, NORTH KONA, COUNTY
AND STATE OF HAWAI‘I, FROM THE ISLAND OF HAWAI‘I YMCA
The parcel consists of approximately 6.365 acres.
Reference: Comm. 867.2
Intr. by: Ms. Poindexter
Approve: PWPRC-42
Motion to Approve: Ms. Poindexter moved to adopt Res. 526-16 Draft 2.
Seconded by Mr. Paleka.
CHR. KANUHA: Council Members, just for your knowledge, we do have
David Kurohara, and Wayne Kamitaki from the YMCA here. Maybe if you could
come up real quickly and introduce yourselves. They were the ones who made
this transfer happen, the donation to the County of Hawaiʻi.
(Note: At this time, YMCA Board Chair David Kurohara came forward to
address the members of the Council.)
MR. KUROHARA: Good morning, County Council Members. My name is
Dave Kurohara. I’m the Board Chair for the Island of Hawaiʻi YMCA here in
Hilo, and hopefully soon in Kona. What we’d like to do is carry out our two,
three, and five year deliverables on the Quick Claim Deed that Wayne has
brought with him. And we’d like to establish ourselves in Kona as well. Thank
you.
CHR. KANUHA: Thank you.
(Note: at this time, Wayne Kamitaki of YMCA came forward to address
the members of the Council.)
MR. KAMITAKI: I just want to introduce myself. I’m Wayne Kamitaki, and
from my side I just want to thank, I guess working with the county and all of the
people in getting this done. I just want to thank them, and let you folks know that
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Hawaiʻi County Council-40 May 17, 2016
they did a really good job in putting the whole thing together. Thank you very
much.
MR. KUROHARA: Yeah, I’d like to recognize the Corporation Counsel. We
had some changes to the Quick Claim Deed that went back and forth, and they
were very patient with us. Molly and her team, I think it might have been
Bill Brilhante that championed in there. It was a process to go through. It took
several months, but we got it right and we signed off on it.
I don’t know if you originally knew it was 10 acres at the very beginning, and we
had some time to develop 10 acres. I think over time, the Y might not have met
all the obligations. Proposals were introduced to us to give back six acres in
exchange. There was a developer waiting to develop that property, so in
discussion with our board here, we’re all in agreement that it might have been
easier to develop the four acres then all 10 acres. I think that’s where we are
today, and looking forward for tomorrow.
CHR. KANUHA: Thank you. Council Members, any discussion? Just real
briefly, this is in my district, and I’m so appreciative of YMCA. I know this has
been going on for a really long time, and now we’re at this point where something
great is going to happen very, very soon. And hopefully we can continue to
support the Y, so that you guys can be present there in Kona. So very, very
appreciative, and big mahalo to you guys, and to all the departments that were
working with this project. So thank you.
MR. KUROHARA: You’re welcome. Thanks.
CHR. KANUHA: Council Members, any other discussion before we ask for the
vote? All in favor of the motion to approve say “aye.”
Vote on Res. 526-16: The motion to adopt Res. 526-16, Draft 2, was carried by
(Draft 2) the following voice vote:
(Adopted)
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Thank you guys.
MR. KUROHARA: Thank you.
MR. KAMITAKI: Thank you.
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Hawaiʻi County Council-40 May 17, 2016
CHR. KANUHA: Mahalo for waiting, and being patient. Mr. Clerk, can we go
to Bill 185?
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
First Reading: May 4, 2016
Motion to Approve: Mr. Paleka moved to pass Bill 185 on second and final
reading. Seconded by Ms. David.
CHR. KANUHA: Go ahead, Mr. Paleka.
MR. PALEKA: I think we’ve gone over this. This is a speed limit change for
Fern Forest, which will help them move along in their progress in improving their
roads and mitigating some issues. So I ask for your approval. Mahalo.
CHR. KANUHA: Thank you. Any other discussion? 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 second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members David, Eoff, Ilagan,
Onishi, Paleka, Poindexter Wille
and Chair Kanuha – 8.
Noes: None.
Absent: Council Member Chung – 1
Excused: None.
CHR. KANUHA: Mr. Chung is excused. Mr. Clerk, Bill 186.
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Hawaiʻi County Council-40 May 17, 2016
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
First Reading: May 4, 2016
Motion to Approve: Mr. Paleka moved to pass Bill 186 on second and final
reading. Seconded by Mr. Onishi.
CHR. KANUHA: Mr. Paleka.
MR. PALEKA: I think the testimonies we heard today should suffice, and I just
ask for your approval. Mahalo.
CHR. KANUHA: Thank you, Mr. Paleka. Any other discussion? 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 second and final reading was
(Adopted) carried by the following voice vote:
Ayes: Council Members David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 8.
Noes: None.
Absent: Council Member Chung – 1.
Excused: None.
CHR. KANUHA: Mr. Chung is excused. Motion passes. Thank you for your
patience, mahalo for coming. We’ll just go to the top of the agenda.
Return to Order The Chair directed the Council to return to the order of business.
of Business:
ORDER OF The Chair directed the Council to proceed to the next order of business, Order of
RESOLUTIONS: Resolutions.
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Res. 516-16 URGES THE ADMINISTRATIONS OF THE STATE OF HAWAI‘I AND THE
(Draft 2): COUNTY OF HAWAI‘I TO TAKE APPROPRIATE STEPS TO PREVENT
THE SPREAD OF RAPID ‘ŌHI‘A DEATH
Urges the Administration to collaborate with certain State and Federal agencies
and Native Hawaiian cultural practitioners to advise, inform, and educate the
public about Rapid ‘Ōhi‘a Death.
Reference: Comm. 850.2
Intr. by: Mr. Ilagan
Approve: AWESC-3
(Note: Comm. 850.3, from Council Member Greggor Ilagan dated May 16, 2016,
transmitting proposed amendments to Res. 516-16, Draft 2, was circulated.)
Motion to Approve: Ms. Ilagan moved to adopt Res. 516-16, Draft 2, and
Agricultural, Water, and Energy Sustainability Committee
Report No. 3. Seconded by Mr. Paleka.
CHR. KANUHA: Mr. Ilagan, go right ahead.
MR. ILAGAN: Thank you, Mr. Chairman. I know there’s a lot of things that has
been happening regarding this resolution. I know other Council Members have
visited people who can make the decision to help move this forward. Before we
get into that, I can either introduce this amendment, or we can have one round of
discussion. And then I can introduce the amendment, whichever?
CHR. KANUHA: You can introduce your amendment.
MR. ILAGAN: Okay.
Motion to Amend: Mr. Ilagan moved to amend Res. 516-16, Draft 2, with the
contents of Comm. 850.3. Seconded by Ms. David.
CHR. KANUHA: Go right ahead.
MR. ILAGAN: This resolution is three part. The first part of this amendment is
to translate this resolution in the Hawaiian language, which is shown in Exhibit A.
The second part is—or the first part was a request by Council Member
Danny Paleka to translate it to Hawaiian language.
Now the second part is a request by Council Member Aaron Chung. And what it
is, is to urge the Governor to consider issuing an emergency declaration, or to take
other appropriate steps, for the purpose of expanding research staffing with either
the University of Hawaiʻi or the Department of Agriculture, including but not
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Hawaiʻi County Council-40 May 17, 2016
limited to the hiring or contracting of forest pathologists. So that’s the second
part of this resolution.
Now the third part is a result of what had happened when Council Member Onishi
urged myself to bring Mr. Flint Hughes and also J.B. Friday to talk to the Mayor.
And after talking with the Mayor, come to find out the Mayor was definitely
educated in the issue. And one of the people who helped educate him was
actually Council Member Onishi, bringing up the PowerPoint and information for
him. After the discussion that we had—we also had Warren Lee there. We felt
that the Mayor, listening to Mr. Flint Hughes, the idea to have an immediate
response to this issue is to higher an arborist in Public Works. And to acquire the
necessary equipment to prevent the spread of Rapid Ohiʻa Death.
This amendment is actually the product of our discussion, and I ask for the
Council Members to accept all three of these amendments. And if you have any
questions, feel free to ask. Thank you.
CHR. KANUHA: Thank you, Mr. Ilagan. Council Members, on the amendment.
If you guys had a chance to take a look at it. Ms. Eoff.
MS. EOFF: I was just going to say good job, Greggor. I’d like to know who
translated it in Hawaiian.
MR. ILAGAN: Who translated it, is actually thanks to Council Member Paleka’s
staff who initiated it, and I believe starting with Nadia and Kawehi who looked
through it and made sure it was all finally edited, but I’ll ask Peter just to make
sure that I didn’t miss anyone. I believe Nadia and Kawehi were two big parts of
making it happen.
MS. EOFF: Thank you.
CHR. KANUHA: Thank you, Ms. Eoff. Mr. Paleka.
MR. PALEKA: Thank you for that, my colleague. To the amendments, this
needs a rapid response. We’ve got to respond as fast as we can. An unfortunate
thing for me is that, I wish I had more knowledge regarding the fungus. I think
I’m kind of up to date, been talking to a lot of people and even some who I
thought was one of the revered laʻau or plant specialists that we have passed on
through the generations. This one is very important. I will yield at this time,
mahalo.
CHR. KANUHA: Thank you, Mr. Paleka. Council Members, still on the first
round. Mr. Ilagan.
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Hawaiʻi County Council-40 May 17, 2016
MR. ILAGAN: I just wanted to add that it’s Kawehi Keolanui, that’s his last
name. And also Elia Gyson also played a part in translating this. So those three
individuals help translate and edited it.
CHR. KANUHA: Mr. Onishi.
MR. ONISHI: Thank you, Mr. Chair. On the amendment, the part about having
it further resolved that the Governor urges. You know, at the last meeting
remember I mentioned to Dr. Flint, was that be ready because May 10 I was going
to be in Honolulu and schedule a meeting with the Governor. We did do that, it
did happen. So we did get to talk to the Governor already, they did their
presentation, we had CTAHR (College of Tropical Agriculture and Human
Resources) there, we had PBARC (U.S. Pacific Basin Agricultural Research
Center), Forestry, DLNR (Department of Land and Natural Resources),
Department of Ag, and also Mr. Chung was there. We had this woman from the
Oahu Invasive Species Committee there, and we had the Mayor on
teleconference. The Mayor told the Governor, you know, whatever we need to do
he was ready to do it, to declare an emergency. So the Governor’s concern was
only that he wanted to make sure that if he declares an emergency, what would
the Federal Government do?
So DLNR and Department of Ag was supposed to be going out, and finding out
from the feds on what they’re going to be providing. Supposedly what we were
told at our meeting when we talked to Dr. Flint, was that if there’s a declaration
U.S. Forestry was going come in and provide funding. The funny thing is that
when we went up there before, we briefed the Governor and he doesn’t know
now. So you know, it’s frustrating sometimes. Because you know, we hear stuff
in front of us, and then we meet with them they tell us something, and now we’re
going for the gusto. And now it’s like, you know, something else happens or the
information is not all there. So thank God, like I said, DLNR and Department of
Ag will be looking into it. To making sure what can be provided.
So the Governor is on vacation right now, because his daughter is graduating from
college. So as soon as he gets back—within like two weeks, we’re looking at
next week. I’m going to follow up again with the two different departments to
make sure that they got the info, and relaying that message to the Governor. So
that the Governor can contact our Mayor Kenoi, to make sure that everybody is
on the same board. And to decide okay, now if there is funding declare an
emergency. So I would say within the next month, we should have something on
the ground already, okay. Like I said yesterday, I’m really surprised that we—
and thank you, Mr. Chair for giving me this leeway.
You know, something important like this, is not even being in a bill form. Where
we should be having it restricted from transporting to whatever we need to do,
and also providing funding for the necessary of eradicating it. Because the only
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Hawaiʻi County Council-40 May 17, 2016
way you going to eradicate this fungus, is you have to burn it, right. I mean we
cannot wait for the composting plant, because that’s going to take over a year.
But you drop it, which is the only feasible thing you can do now. But it’s the
pores that come out from the beetles that’s going to let all this dust fly up. And if
the wind catches it, then it’s going to affect an injured tree. So we need to move
forward fast on this. Like I told the Governor, I don’t want to see this being like
the fire ants and the coqui frogs. Because nothing was done, our island got
infested. And now the state is looking at preventing it from going to the other
islands. It’s containment on our island.
But this ‘ōhiʻa not going to happen, because what they worried about. What
Dr. Flint had mentioned, if this fungus hits Kohala there’s a possibility the wind
can blow it to Maui. Then from Maui it goes to like Molokaʻi, Lānaʻi, and then
from there it goes to Oʻahu, and then Kauaʻi, then Niʻihau. So then the whole
state gets wiped out, right. We should really take this serious, and we’ve got to
move forward. I mean this is great a resolution, but we should have done it in a
bill form. An ordinance or whatever, and have it done immediately so that we can
help out. Because if we’re looking at the styrofoam, I mean, I think this is more
important.
But thank you. So I don’t know if this amendment is needed now. But we did tell
the governor that a reso was going to be coming to him, right. But it might be too
late, I mean the action going to be moving already. So something to think about.
Thank you.
CHR. KANUHA: Thank you, Mr. Onishi. Council Members, on the amendment.
Mr. Ilagan.
MR. ILAGAN: Thank you, Mr. Chairman. I’m going to yield until the main
motion.
CHR. KANUHA: Thank you. Okay, any other discussion on the amendment?
Just briefly, awesome that it got translated into Hawaiian. And that you fit in the
rest of everybody’s concerns, or making sure the Governor is like “emergency.”
All in favor of the motion to amend—
MR. ONISHI: Chair? Is it possible to separate? You know why, because I
support the Hawaiian part the translation. But for urging the Governor, I don’t
think we need to have that in there.
CHR. KANUHA: I don’t think it does any damage to have it in there.
MR. ONISHI: Okay, well but people might think, oh yeah now we’re going to
get a message out to the Governor, right. But if it’s okay, then that’s fine.
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Hawaiʻi County Council-40 May 17, 2016
CHR. KANUHA: Mr. Chung.
MR. CHUNG: In response to Mr. Onishi’s concern, I did mention to the
Governor “Governor, there is a resolution circulating at the County Council, and
it’s going to be possibly urging you to do something, and we don’t want you to
feel offended if it comes up after we have this discussion, and you’re fully
considering the issue anyway.” I guess no harm that he’s been alerted to it, but I
agree with Mr. Onishi. It would be better if we took it out. Even if it was my
suggestion, but whatever.
CHR. KANUHA: Ms. Wille.
MS. WILLE: Yeah. I think it’s good to have it in there, memorialize it. Where
this goes out to the public and everyone, and I think he can handle it.
CHR. KANUHA: Okay, all in favor of the motion to approve say “aye.”
Vote on Motion The motion to amend Res. 516-16, Draft 2 with the contents
to Amend: of Comm. 850.3 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 the main motion as amended, but
before we do that we’ve got to—because this is the final reading of this, even
though it’s a resolution we’ve got to suspend the rules, so that we can discuss this
resolution and vote on this resolution today, because it was amended, substantial
amendments.
Vote on Motion to Mr. Ilagan moved to suspend Council Rule 24 to waive
Suspend Council the holdover for the substantive amendment of Res. 561-16,
Rules: Draft 2. Seconded by Mr. Onishi and was carried by the
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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CHR. KANUHA: Motion passes. Okay, Mr. Ilagan, we can discuss this today.
Main motion as amended.
MR. ILAGAN: Thank you, Mr. Chairman. First of all this issue has definitely
come up on everybody’s radar, and I’ve got to thank our Chairperson. Because
we are going through the budget season, and we’re going through a lot of issues,
and a lot of things are on our desk. But because he felt this was important he was
able to get through, even though we have a busy schedule regarding the budget
and everything else. So I have to first thank the Chairperson for allowing this
reso to come before the Council, and initiate the conversation that we had with
Mr. Flint Hughes and J.B. Friday.
At the same time, Council Member Onishi and Council Member Chung went up
to the Governor, and took that extra effort to inform our state side. Where
originally this reso was only targeted towards what we can do as a county, now
we’re actually working together as a body to bring the information to the state.
And meetings have been occurring, I believe, in Hāmākua side and Council
Member Valerie Poindexter. I wasn’t sure but I believe Maile and Karen has
been attending those meetings that were held in Volcano and also on the west
side. So we all played a big role in this. My staff would not have caliber to even
translate this into Hawaiian. Also Danny’s effort in advocating this issue, it’s
right in our district. We share Puna, and we can see the devastation in the Puna
area that we share. So I just wanted to let the Council Members know that I really
appreciate their help, and effort in taking this issue on. I appreciate the others that
are moving this forward, because alone it can’t be done.
Regarding funding. When we discussed it with the Mayor, we are going to make
amendments in the budget to allow the hire of an arborist. And that arborist is
actually going to be found and recruited by Flint Hughes and J.B. Friday. They’re
the one who’s going to make sure that we pick the right guy or gal to make that
position effective in preventing the spread of Rapid ʻŌhiʻa. And at the same time
we’re also going to allocate equipment such as incinerators, to be able to get rid of
the logs there at the homeowner’s location. Instead of bringing to another
location, and potentially risking the spread of Rapid ʻŌhiʻa Death. I just want to
say as a county we’re not only going to be allocating funds to tackle this effort,
but I believe different departments are also looking into ways to make sure their
protocols are tight, and they’re preventing the spread as well.
So initiating this reso, I don’t believe the reso itself has the power of law. But it
definitely inspired, and motivated us to step forward. And take actions, to make
sure that we prevent this spread. I just want to thank all the Council Members for
their help.
CHR. KANUHA: Ms. Wille.
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Hawaiʻi County Council-40 May 17, 2016
MS. WILLE: Thank you very much. I do think we are all making efforts in this
area. I know there was a comment comparing to styrofoam. I did have an agenda
item I wanted to move forward, and the Chair had asked me to hold off. This was
months ago. Because he wanted to do a presentation, so I did defer to that. I still
think that the presentation that he discussed with me, even beyond those who
were present, would be a good idea.
You know, in terms of the question of bill verses resolution, when we’re asking
someone that we don’t have authority over to do something it’s a resolution. And
certainly here, where we’re doing the first draft, it’s really University of Hawaiʻi.
And the different words—Public Works, Department of Environmental
Management, and R&D (Research and Development). But also with Department
of Business, Economic Development, and Tourism of the State, you know, then
it’s appropriate. I do think that there is still room for further bills just in terms of
what we the county can do.
You know, I always go back to the very first legislative thing that I worked on
before I was a Council Member, which was on the little red fire ant. And it was
directed towards the county, and then still nothing happened. And it’s the state’s
kuleana, even though it was a nine-zero vote. Just looking at what we can do
right here. I know that like in my newsletter, I put out a whole thing to my
community in terms of being aware and that we don’t have it yet in Kohala. And
looking at basically, there are issues that the southern half of the state needs to
address where it is already pretty much covered. And then of the southern half of
the county, and then the northern half of the island is largely not yet infested and
what is our plan where we don’t have it. And how we can, you know, look at it as
a forest fire, and what actions we take.
You know, I do agree in terms of that whole, why it’s always the containment
theory for our island. Let’s contain it here, is that those other islands need to be
aware of that potential impact. Whether it’s styrofoam, all the winds go in that
direction. The styrofoam goes up to the other islands, the winds go up there. I
mean I look at the hurricane, it’s largely what really inflamed this with all of that
condition and growing it. This is certainly a good first step, and great that you got
these people involved. I do wonder if at some point, we should be putting
together like an ad hoc committee on this with others and really where there’s a
lot of oversight. I think as a first step this is great, but we need to really be in
every way proactive on this issue. Thank you.
CHR. KANUHA: Mr. Onishi.
MR. ONISHI: Thank you, Mr. Chair. Great you mentioned about the fire ants,
because that’s what I was going to mention about, is that you mentioned before,
and you always was an advocate about it. Saying that, you know, I went and
pushed for the fire ants, and it was voted nine-zero and nothing happened, right.
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Hawaiʻi County Council-40 May 17, 2016
Yeah, because it was a reso, right. If it was a bill then things could of happened,
but it was a reso. And then maybe encourage the state to do something, but that’s
if the state wants to do it they’re going to do it. But if not, we the county need to
do something, and that’s what I’m saying. You know, to bring up that, like I’m
saying it’s just the importance. You’re talking about environment, taking care of
the ʻaina, and this is a major ʻaina thing. A problem. We lose ‘ōhiʻa trees, we
lose Hawaiʻi to me. So that’s what I’m saying, is that we need to move forward,
right. I had couple of questions for Mr. Ilagan. Mr. Chair, could I ask him?
CHR. KANUHA: Yeah, go right ahead.
MR. ONISHI: You know, it was great that you mentioned about the household.
So maybe you can clarify for the public, to let them know what you’re trying to
do is more for the household and not the forest areas.
MR. ILAGAN: Thank you. So when Mr. Hughes mentioned this, there has been
residents who are concerned about what to do. The idea with this arborist is, this
arborist is able to go to the landowner to the household, and be able to identify
diseased trees. And then with the equipment that is allocated like mobile
incinerator, be able to burn those logs. They’re cut down there, and then taken
cared of at their property and handled that way.
MR. ONISHI: Okay, thank you. My next question is, what kind of funding are
we looking at? Have you folks decided on the amount?
MR. ILAGAN: So right now Mr. Hughes and Mr. Friday is looking at what the
salary is going to be for the arborist, and also for the price of the mobile
incinerator. With that amount, we’re going to amend the operating funds to allow
those purchases.
MR. ONISHI: So this is for next fiscal budget?
st
MR. ILAGAN: Starting July 1, correct.
MR. ONISHI: So we’re going to be having—so it’s May, June, July maybe about
at least two more months we’ve got to wait. The next question is, who’s going to
be doing the incinerating?
MR. ILAGAN: That’s the reason why the equipment is allocated for the
incinerator. That has to definitely be worked out within the department.
MR. ONISHI: What department?
MR. ILAGAN: Department of Public Works.
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Hawaiʻi County Council-40 May 17, 2016
MR. ONISHI: Okay. So they’re going to have a crew that’s going to go out
when there’s a report from that person who they hire—
MR. ILAGAN: I think the detail is still being worked out.
MR. ONISHI: But kind of basically like that. Then Public Works is going to
come out and then they will cut it down, and then they’ll incinerate the trees?
MR. ILAGAN: Like I said, those details are still being worked out.
MR. ONISHI: Yeah, but kind of like that, right?
MR. ILAGAN: That’s the theory.
MR. ONISHI: Okay. So what about the forest, what are we looking at the forest?
MR. ILAGAN: So this is one of the actions we’re looking to do. I don’t have—
MR. ONISHI: Do you have an idea of how many households that are infected?
MR. ILAGAN: Mr. Friday and Mr. Hughes probably could give that estimate
better than I can.
MR. ONISHI: Okay. Thank you, Mr. Chair.
CHR. KANUHA: Thank you, Mr. Onishi. I know Mr. Paleka had a question,
anybody wants to go before him? Ms. Wille.
MS. WILLE: I think it’s great in terms of having an arborist, not just for the
ʻōhiʻa issue. I know there’s certainly in dealing with say Parks and Rec, they had
questions about cutting trees down rather than trimming them and causing a lot
of—great deal of concern in my district. Just in terms of going out and doing this,
I would suggest that it be done first to deal with as a fire break. In other words
heading those households and those locations, so that we’re creating some kind of
fire break. I think they explained where there are areas in the county, where it’s
just completely decimated, destroyed with the virus. There are areas moving
north, where it’s sort of spot locations. Further north such as Kohala and parts of
Hāmākua where there is none, and really sort of working back from the area
where there is none. I just look at it in a vision of fire.
I’m glad to hear that you agree with me, you seem to be my—Council Onishi,
misunderstanding what I was saying, and seeking to correct me of how important
this is. Just so you know my statements are in agreement with yours.
CHR. KANUHA: Ms. Eoff.
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Hawaiʻi County Council-40 May 17, 2016
MS. EOFF: Thank you. Yes, all of us agree on how serious and important this
matter is. And I think the question about the forest, is only going to be solved
with the break. Sort of like the fire break, which they explained to us during their
presentation in Kona. The mobile incinerator is a great thing for homes that either
border the forest, or maybe in my district in Kaloko could possibly go there.
Thank you, Mr. Ilagan for your work on this. I’d like to offer if there’s anything I
could do to help out, or we could do with the funding aspect. I think all of us will
either be willing to contribute or support whatever the department comes forward
with. Because this is something we need to address in real dollars, as Mr. Onishi
has been saying, and contribute our share as a county to whatever efforts the state
and the feds are going to provide.
So it’s very complex, it’s a huge undertaking but the mobile incinerator and what
you’re describing seems like a small step. But I think in things like this you have
to try something, do it, and then from there we’ll learn. We’ll understand better
the scope of the problem, and probably have to expand our efforts from there. At
least it’s a start, and it’s a good idea. I think if it’s brought forward by those
people who have been doing their diligence and studying the last few months, you
know, franticly and as fast as they can. I think if that’s a called upon solution,
then we should go with it. Like I said, to expand our efforts from there.
CHR. KANUHA: Mr. Paleka.
MR. PALEKA: First of all I’d like to also thank my staff. I had to go check, and
see exactly who is involved with the translation, and it was just our staff, Ilihia,
and Nadia. Impressive. I also wanted to thank my colleagues, Mr. Onishi and
Mr. Chung for going up to the state and expressing how important this is. You
know, it’s so valuable to have them.
In regards to what we’re going to do now, you know, we can keep everything
moving in this direction. Ordinances, resolutions, I think it’s real important to get
our tree trimmers that can actually do it. I don’t know if we should wait for the
arborist to come in, but I think if they’re confident enough and feel themselves
experienced enough, to go ahead and start. We know what needs to be done, is
burn it. I mean I love, myself—one good thing that I’ve got to point out, is that
trees that were diseased and were cut down to the stump, some have regenerated.
So that’s a promising thing for us to look at, and I think I have to convey that to
Mr. Hughes. And maybe have the experts come and take a look at some of those
trees.
Anyway it is important, thank you for doing this. If we need more ordinances, but
we’ve really got to get ahold of this thing. It’s really heartening to see it affecting
just that brown color when you see it coming, affecting more areas. This is a
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Hawaiʻi County Council-40 May 17, 2016
very, very serious matter, and I think our community knows that too. And
hopefully if you’re out there listening, please do what you can too to help. I know
everyone is concerned about this. Thank you.
CHR. KANUHA: Ms. David.
MS. DAVID: Mahalo, Chair. I also wanted to express my support to Mr. Ilagan,
because I know this is a matter like we have to start somewhere. Mr. Onishi and
Mr. Chung, what you have done at the state level is very important. Because we,
as a body, basically understand the threat that this poses to our island. I think if
we all offer whatever we can do to help, I think we can actually resolve this. And
save our island hopefully, before it’s too late. Thank you very much, I yield.
CHR. KANUHA: Any other discussion? Yeah, I think we can vote on this.
Mahalo, glad to see this moving forward. All in favor of the motion to approve
say “aye.”
Vote on Res. 516-16 The motion to adopt Res. 516-16, as amended to Draft 3,
(Draft 3) was carried by the following voice vote:
(Adopted)
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Council Members, I know it’s almost 12:00,
but we do have Corp. Counsel here for the executive session matters. And they
do have to get out of here at a certain time, so if it’s okay with you guys, I think
we should go into this before we head into lunch. If we could, Mr. Clerk, read in
Communication 875.
Change Order As directed by the Chair and with no objection from the Council Members, the
of Business: following items were taken out of order:
Comm. 875: STACY CALLAWAY, ET AL. VS. GOZIP, LLC., ET AL.;
CIVIL NO. 13-1-0224 (NON-MOTOR VEHICLE TORT)
From Deputy Corporation Counsel Steven D. Strauss, dated April 21, 2016,
requesting an attorney-client confidential discussion to consult with the Council
the above-entitled matter, including settlement discussion.
CHR. KANUHA: And Communication 881.
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Hawaiʻi County Council-40 May 17, 2016
Comm. 881: KITTRENA MORGAN VS. COUNTY OF HAWAIʻI, ET AL.;
CIVIL NO. CV 14-00551 SOM-BMK
From Deputy Corporation Counsel Christopher P. Schlueter, dated April 28,
2016, requesting an attorney-client confidential discussion to consult with the
Council the above-entitled matter, including settlement negotiations.
Vote on Motion to Ms. Eoff moved to enter into Executive Session in order
Enter into Executive to hold attorney-client privilege discussion regarding
Session: Communications 875 and 881 as authorized by
(Approved) Section 92-5(a) (4) of the Hawaiʻi Revised Statutes.
Seconded by Ms. David and carried by the following
voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Poindexter, and
Chair Kanuha – 7.
Noes: None.
Absent: Council Members Paleka and Wille – 2.
Excused: None.
CHR. KANUHA: Mr. Paleka and Ms. Wille are excused from that vote. So we
are now in Executive Session.
Recess: At 11:58 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 1:43 p.m.
Motion to Concur: Ms. Poindexter moved to concur with the recommendation
of Corporation Counsel regarding Comm. 875. Seconded by
Ms. David.
CHR. KANUHA: Any discussion? Mr. Paleka.
MR. PALEKA: Are we going to take it one by one?
CHR. KANUHA: Yes.
MR. PALEKA: Okay.
CHR. KANUHA: We are currently on Comm. 875, which is Callaway vs. Gozip.
Ms. Wille.
MS. WILLE: Quick question. When this goes out to the public, I just wonder
how much is made clear to the public on what kind of a case it is. I think it just
says referrals, it doesn’t really say what type of case it is. The public has asked
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Hawaiʻi County Council-40 May 17, 2016
that at least they be given an idea. Not anything about the issue, but say if it’s an
injury case or what kind of a case. We brought this up maybe the last time, or not
to long ago. There should be something stated here in terms of what it’s about,
you know, what kind of issues and what we’re dealing with. I don’t see that in
the order of business here, so I wanted to mention that. I just want to bring that
up, so that I feel something should be included. The public should have some
sense of what kind of case we’re talking about. You know, if it’s a slip and fall,
police misconduct, hit and run; I don’t know, just something that defines it.
Anyway I definitely will support your recommendation.
CHR. KANUHA: Any other discussion? Hearing or seeing none, all in favor of
that motion to approve say “aye.”
Vote on Motion The motion to concur with the recommendation of Corporation
to Concur: Counsel regarding Comm. 875 was carried by the following
(Approved) voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter,
and Wille – 8.
Noes: Council Chair Kanuha – 1.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Comm. 881 may I have a motion to concur
with recommendation of Counsel to settle?
Motion to Concur: Ms. Poindexter moved to concur with the recommendation
of Corporation Counsel regarding Comm. 881. Seconded by
Ms. David.
CHR. KANUHA: Any discussion? Ms. Wille.
MS. WILLE: Anyway this case causes me considerable concern. I think I’m just
going to vote “no.”
CHR. KANUHA: Mr. Paleka.
MR. PALEKA: Yeah, I’m going to be recusing myself. Based on relationships
with couple of the officers.
CHR. KANUHA: Thank you, Mr. Paleka. Mr. Clerk, can we just do a roll call?
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Hawaiʻi County Council-40 May 17, 2016
Vote on Motion The motion to concur with the recommendation of Corporation
to Concur: Counsel regarding Comm. 881 was carried by the following
(Approved) roll call vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Poindexter, and
Chair Kanuha – 7.
Noes: Council Member Wille – 1.
Absent: None.
Excused: Council Member Paleka – 1.
CHR. KANUHA: Motion passes. Thank you guys. Council Members, I think
we should go into recess. Have lunch and come back about 3:00. We will be in
recess until about 3:00 p.m.
Recess: At 1:48 p.m. the Chair called for a recess.
Reconvene: The meeting reconvened at 3:07 p.m.
CHR. KANUHA: We are coming out of recess. Council Members, if you hear
me in the building, we are starting. Or staff, please tell fellow members to come
down. Mr. Clerk, if we could please take out of order Bill 101, Draft 2.
Bill 101 INITIATES AN AMENDMENT TO ARTICLE XIV, SECTION 14-5 OF THE
(Draft 2): HAWAIʻI COUNTY CHARTER (2014), RELATING TO THE BOARD OF
ETHICS
The amendments would: 1) increase membership from five to nine members;
2) decrease member’s term from five to four years; 3) add council district
residency requirements; and 4) allow each council member to nominate two
persons from his or her council district to serve on the board, from which one
would be appointed by the mayor, subject to confirmation by the Council.
Reference: Comm. 494.9
Intr. by: Ms. Wille
Negative: FC-42 (Due to a vote of 2-ayes, 6-noes,
1-absent)
Postponed: December 14, 2015; January 22 and
April 6, 2016
2/3 Vote: First of three required readings,
Section 15-1(a), Hawai‘i County Charter
(Note: There is a motion by Ms. Wille, seconded by Mr. Paleka, to approve
Bill 101, Draft 2.)
; and
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Hawaiʻi County Council-40 May 17, 2016
Comm. 494.16: From Council Member Margaret Wille, dated April 28, 2016, requesting Bill 101,
Draft 2, be placed on the May 17, 2016, agenda.
; and
Comm. 494.17: From Council Member Margaret Wille, dated April 28, 2016, transmitting
proposed amendments to Bill 101, Draft 2.
CHR. KANUHA: Thank you, Mr. Clerk. Ms. Wille. Just to be clear, we’re
currently on Bill 101, Draft 2. Are we on any of these communications,
Mr. Clerk? No, okay. Ms. Wille, go right ahead.
MS. WILLE: I just want us to run through the issues that had come up for
discussion quickly, and then I’m going to be proposing an amendment. The first
was whether we should increase the number of members on the board from five to
nine, and where one would be a resident of each council district.
The second one that came up was whether to make it so that in terms of
vacancies, whether the Mayor did not appoint someone for over 90 days. By
default the Council Member could nominate someone. Also having it be that the
meetings on both sides of the island, and also whether members could be
appointed without regard to the nominee’s political party’s affiliation. So those
were the key things. And again, I think this is important issues. The two key
ones that I felt we discussed that we’re back and forth about, was in terms of
whether to raise the number of members.
And the other one was whether the Council Members should be able to nominate
someone when the Mayor has not appointed someone for over 90 days to that
particular seat. In addressing it, I might sense given the sentiment about really
wanting to preserve this in terms of the Mayor’s powers. I’m going to suggest we
delete that suggestion. And in doing so for discussion purposes, I would like to
amend Bill 101, Draft 2, with the contents of Comm. 494.17. Make sure you have
.17 it was given out in the pinkie pile if you didn’t get earlier.
Motion to Amend: Ms. Wille moved to amend Bill 101, Draft 2, with the contents
of Comm. 494.17. Seconded by Ms. Eoff.
CHR. KANUHA: Go ahead, Ms. Wille.
MS. WILLE: I think just the overarching idea is that we—all ethics and ethical
conduct by county employees here is important. You can have all the duties you
want, but if there’s no accountability it’s really meaningless. It’s our Board of
Ethics that is the entity that deals with that, and provides accountability. And I’m
trying at least by adding the number of members, and try to prevent situations that
have been repeating over and over. Even recently with five members, where
there’s an insufficient quorum, or insufficient number of members present who
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Hawaiʻi County Council-40 May 17, 2016
are not compromised either by having a conflict of interest or otherwise, to be
able to vote.
Giving to quick examples, recently was where one member disqualified
themselves as a conflict of interest, and when a member is sick and they were
unable to vote on some of the agenda items. This past meeting there were five
members absent, it’s to two votes and they have to keep deferring things. That’s
really quite dysfunctional. I think by moving it up to nine members, you can
function with five. That means up to four members could be absent, and still have
a functioning board. It will also make it so that there’s less likelihood of sort of
one strong member, one strong approach, and really getting diversity, and
allowing members from all around the island.
So I’ve illuminated, unless you all insist I put it back or that we include it. And
no longer having it be that the Council Members have the power by default to
nominate someone if the Mayor did not. I don’t think there was a lot of questions
on the other points such as being able to appoint people without regard to the
nominee’s political party. I really think that’s again, it’s not functioning where
the Mayor has to count up whose party people are, and we keep getting
suggestions of people who have no party affiliation. Also I don’t think there was
a lot of objection to holding hearings on both sides. Again for purposes of really
increasing trust in government and making a system work, and ensuring that it’s
not just a matter of having duties, but that there is accountability. I ask for your
support. Thank you.
CHR. KANUHA: Thank you. Ms. Eoff.
MS. EOFF: Thank you, Mr. Chair. Thank you, Ms. Wille, I’m a lot more
comfortable with this amendment. You’ve taken out the problems that I have
expressed regarding the appointment process. I know we had some discussions
about nine members. It makes it simple to go to nine, as far as trying to get the
representation to be from Council districts. That way we have definitely the
island-wide representation on the Board of Ethics, although there’s has been some
discussion as to whether that really matters or not. I actually agree that ethics
doesn’t really become district specific, but I just think that there’s a feeling of a
balance when you do have this in there. That there’s representation from all the
districts.
It also gives Council Members a chance to reach out to their constituency and see
if there is somebody available for vacancy that they may want to recommend.
And there is nine members on, I forget which other islands, but on Maui maybe?
I can’t really remember, I checked into it at one point, but I do know other
counties do have nine member boards. So I’m comfortable to vote in support of
this now, with all the things that you’ve changed. Thank you.
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Hawaiʻi County Council-40 May 17, 2016
CHR. KANUHA: Ms. Poindexter.
MS. POINDEXTER: Thank you, Council Member Wille, for you know, doing
the compromises, listening to all the Council Members, and incorporating all
those changes in there. I’m not going to repeat what Council Member Eoff stated,
I’ll just say ditto on what she said. Thank you.
CHR. KANUHA: Ms. David.
MS. DAVID: And so will I. Ms. Wille, I thank you for seriously considering the
separation of powers, and making this something we really can now support, at
least I can also, so mahalo.
CHR. KANUHA: Any other discussion on the amendment? Okay, I think we
can go for a vote. All in favor of the motion to amend say “aye.”
Vote on Motion The motion to amend Bill 101, Draft 2, with the contents of
to Amend: Comm. 494.17 was carried by the following voice vote:
(Adopted)
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: Motion passes. Now on the main motion as amended.
Ms. Wille.
MS. WILLE: I urge your support. I know there were at least a couple of
members that asked, you know, should we consider having seven members and
not nine members. I think nine works. I sort of asked people when I was just
around, what if we put two Hilo Council districts together, and two Kona districts.
I felt this goes to the voters, I really didn’t feel where you sort of compromise
certain districts. And why should there be a representative from some single
districts and others where it would combined. And even though it wasn’t my
district that came up, I felt that it was a fair thing. And the Supreme Court talks
about, you know, there’s justice and fairness and there’s the appearance of justice
and fairness. And both are important, and I think it’s trying to go that way.
Again, I believe in citizen boards, and I want them to be functional. I want people
to respect that, and respect the government. I think otherwise, I’m not going to go
on. If you have questions or concerns, I’ve tried to address what I felt were the
concerns of this body and the public as well. You know, I would have preferred
the other probably, but I think at least this does go a long way. In terms of what is
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Hawaiʻi County Council-40 May 17, 2016
the problem, there really were two significant ways to address it, and we’re opting
for one. If for some reason in the future we have further concerns, we can always
do something further. Thank you.
CHR. KANUHA: Thank you, Ms. Wille. Council Members, any discussion?
Mr. Chung.
MR. CHUNG: Thank you. I wanted to credit Ms. Wille, for integrating many of
the concerns that were voiced by us, and myself actually, included. But I’m still
going to be voting against it, and I think I gave her fair warning on that. The
reason for it is, first of all we’re dealing with an inherently flawed system
altogether. Whenever you have the Mayor appointing, and the Council
confirming, it doesn’t provide for a very fair situation if and when either the
Mayor or a Council Member comes up before the board. I can’t see any way that
it couldn’t be considered inherently flawed.
But that being as it may, you know, we try to do the best we can within the
context of what we have. I think five members is still manageable. Of course it
becomes very difficult for me to say that with a straight face, especially with
what’s been going on there at the board. But it’s all a matter of percentages too.
It could happen whether you have five members, nine members, or 100 members
it’s all a matter of percentages. Same situation could happen, it really doesn’t
matter, you know, the number.
Touching upon what Ms. Eoff said, I agree with her. This ethics really transcends
district boundaries. I don’t see anything wrong with what we have now presently
with the five members, except that we’re dealing with an inherently flawed
system. So I’m going to be voting “no.” But as I said yesterday on another
matter, I’m not going to lose any sleep if this thing passes either. You know, it’s
not a big deal to me. Thank you.
CHR. KANUHA: Thank you, Mr. Chung. Council Members, discussion on main
motion as amended? Okay, I guess I will call for the roll call vote.
Vote on Bill 101 The motion to pass Bill 101as amended, to Draft 3, on first reading
(Draft 3): was carried by the following roll call vote:
(Adopted)
Ayes: Council Members David, Eoff, Ilagan,
Paleka, Poindexter, Wille, and
Chair Kanuha – 7.
Noes: Council Members Chung, and Onishi – 2.
Absent: None.
Excused: None.
(Note: Finance Committee Report No. 42 was not adopted.)
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Hawaiʻi County Council-40 May 17, 2016
CHR. KANUHA: Thank you. Motion passes, and moves on to second reading.
Mr. Clerk, if we can just go to the top of the agenda, and we can go through a few
items before Ms. Poindexter has to leave.
Return to Order The Chair directed the Council to return to the order of business.
of Business:
Res. 527-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIG
BROTHERS BIG SISTERS HAWAI‘I FOR EXPENSES RELATING TO A
MURAL AT KEA‘AU HIGH SCHOOL
Transfers $2,000 from the Clerk-Council Services – Contingency Relief account
(Council District 4); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 877
Intr. by: Mr. Ilagan
Motion to Approve: Mr. Ilagan moved to adopt Res. 527-16. Seconded by
Mr. Paleka.
CHR. KANUHA: Go right ahead.
MR. ILAGAN: Thank you. I’m asking the Council for support regarding, trying
to get the students at Keaʻau High School to work on a mural, in Keaʻau High
School. 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. 527-16: The motion to adopt Res. 527-16 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-40 May 17, 2016
Res. 528-16: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE
FOR TWO MULTIFUNCTION, LARGE CAPACITY COPIERS FOR THE
OFFICE OF THE PROSECUTING ATTORNEY
Authorizes the Mayor to enter into a five-year lease agreement for two copiers
for the Hilo Prosecutor’s Office.
Reference: Comm. 880
Intr. by: Ms. Eoff
Waived: FC
Vote on Res. 528-16: Ms. Eoff moved to adopt Res. 528-16. Seconded by
(Adopted) Ms. David and carried by following voice vote:
Ayes: Council Members David, Eoff, Ilagan
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha – 8.
Noes: None.
Absent: Council Member Chung – 1.
Excused: None.
CHR. KANUHA: Mr. Chung is excused. Motion passes.
MS. WILLE: Chair? I just wonder if Ms. Poindexter is going to be leaving, if we
can do Bills 154 and 179, so she could vote on those.
CHR. KANUHA: Sure.
MS. POINDEXTER: Yeah. I can stay for another 15 minutes.
CHR. KANUHA: Mr. Clerk, instead of going to Bill 200, go to
Bill 154, Draft 3.
Change Order As directed by the Chair and with no objection from the Council Members,
of Business: the following items was taken out of order:
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Hawaiʻi County Council-40 May 17, 2016
Bill 154 INITIATES AN AMENDMENT TO ARTICLE III, SECTION 3-2 OF THE
(Draft 3): HAWAI‘I COUNTY CHARTER (2014), RELATING TO COUNTY COUNCIL
TERMS
Amends the term limit for Council Members from four consecutive two-year
terms to five consecutive 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. 705.15
Intr. by: Ms. Wille
First Reading: May 4, 2016
2/3 Vote: Second of three required readings,
Section 15-1(a), Hawai‘i County
Charter
Motion to Approve: Ms. Wille moved to adopt Bill 154, Draft 3, on second and
final reading. Seconded by Ms. Poindexter.
CHR. KANUHA: Go right ahead, Ms. Wille.
MS. WILLE: Just to simplify this, originally I had proposed, let’s consider doing
four-year terms. Just to really maximize the amount of time that we all have to
work for each term that we’re elected. There was significant concerns raised by
the public, and also members of the Council in sort of weighing the pros and cons,
which I think we all understand. And that is really assuring accountability. I
think there was testimony today that, what this bill now in Draft 3 would do. It’s
not four-year terms, it’s continuing at two-year terms, but at least allowing for a
potential of five two-year terms, not four.
The other option that we consider would be to have six two-year terms. It didn’t
seem like that was the majority opinion. So I’m just trying to get consensus here
that could always—you know, further changes could be looked at. For me, I
think no matter as different as we all are, and different ways. I find the more
informed and the more educated we are, the better our decisions. I know that
there’s been issues in the past raised where individuals have said, well they didn’t
want the four years because if there was somebody who really got in and haven’t
been in office, and then they didn’t do anything, that they couldn’t vote them out.
There was one testifier today who talked and sort of looked at it as you’re
extending your terms. We’re not. There’s always every two years. If there’s
somebody that’s a jerk, you can work on it and make an effort. It’s up to you, so I
don’t agree with that. I think Ms. Ford said something too along that line, and
preservation. I really believe in the power of the people, and if there is somebody
that really is not doing their job, that they are accountable at with the two years.
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Hawaiʻi County Council-40 May 17, 2016
At the same time, I feel the issues are more and more complex, and the need for
us to work smarter. And also to work on a level where were sometimes we need
coordination on the local, state, and federal level. I mean just something in
health, like physician reimbursement. I consider that hits all three levels. If we
take a look at water issues, some of the infrastructure issues, agricultural issues.
I’m not saying that I’m going to end up being here that long or anyone of us. But
I really think at least that would give a term, such as going through the General
Plan, working on that and the possibility of tackling large picture issues, and
really working for the upgrade of the wellbeing of our island.
And otherwise, when you’re just looking at things each time in two year bites or
short term, I think there’s a tendency to look at just what we can individually do
for our own district and what we can do simply and short term, I really believe we
need to. Just as we’re changing in terms of the General Plan looking at that, the
long term economic environmental and socio-cultural wellbeing of this county.
So I urge your support. I think this stands pretty much as the way I felt there was
consensus, and I would like to move it forward. I think this is the second reading
that we’re on right here?
MR. MAEDA: That’s correct.
MS. WILLE: So we would still have one more reading, or is this the final
reading?
MR. MAEDA: There would be one more reading.
MS. WILLE: There would be one more reading, so I urge your support. If
anyone has any questions, I’d be happy to answer.
CHR. KANUHA: Thank you. Mr. Chung.
MR. CHUNG: Thank you, Mr. Chairman. You know, one of the speakers earlier
today, Mr. Pierce, stated incorrectly in my opinion, where’s the checks and
balances? Almost implying that we’re the final say in this. Well the checks and
balances come from that ultimate check or balance, however you choose to look
at it in a democracy, and that’s the voters. We don’t know how it’s going to turn
out.
But you know, I just wanted to reiterate. I’ve stated all my reasons for this, and
this is really a watered down version of what I had introduced many, many years
ago. I had much preferred it to be a possibility of 12 years, you know, six two
years terms or longer. If this is what it’s going to take to get everybody on board,
or at least most of the members on board, then I’m all for it. But really I wanted
that 12 year half generation type of timeframe. Bear in mind, that I introduced
this right at the tail end of first time I was around.
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Hawaiʻi County Council-40 May 17, 2016
And you know, I’ve been out for 10 years. So really it was with no intention of
ever coming back. It wouldn’t have affected me at that time, or wouldn’t have
benefited me. The fact that there’s some people who suggested that this is like a
self-serving measure, but only because they say that. I did it before, so I can’t
now change my position only because people are accusing it of being a
self-serving measure. I’ve got to stick to my guns. I liked it before at 12 years, I
mean what’s to change my mind when it’s reduced to 10 years? Only because
people are accusing of us of trying to serve ourselves.
I really believe that this is for the good of the community, long term. We’re going
to see its benefits, hopefully many years from now. It’s not going to be
immediate. But the criticism that we get, you know, on this short-term deal that
the Council has right now, and maybe even for the Mayor. People have told me
and they’ve used this phrase, “you guys only looking for today and not for
tomorrow.” Because we’re not held accountable for anything we do later, so we
just try to do everything really, really fast. And sometimes in our haste we have
some missteps, because we’ve got to do things quickly, and we try do things on a
quick gratification mode. I think that’s wrong, we’ve got to really take our time,
yeah. Anyway that’s my spiel, I support this.
CHR. KANUHA: Thank you, Mr. Chung. Ms. Poindexter.
MS. POINDEXTER: I’m supporting this as well. I don’t know if it was Council
Member Chung that said this, but I think it was. I want to give credit where credit
is due, because we talked about the departments finding it real difficult when we
change and we’re working on a project or something. Was that similar to that? I
hope I’m saying that correctly, Council Member Chung. We need to finish the
projects. A lot of times things don’t get finished because we don’t have that
opportunity. So if we’re doing good and the public sees that they vote us back in
and we can continue to work on what we’re working on to get to fruition, you
know, to make it happen.
And a lot of times when you’re just in at a short term even just that eight years, I
think we’re just getting warmed up. I don’t know if you look at Council Member
Onishi, I mean if you were to serve for the next several years. I mean right now
you’re on the hotspot doing all the invasive species, you know, the fire ants and
the Rapid ʻŌhiʻa Death, and all of that. Right now you’re on fire. I would love to
see you remain in to see that happen, and kind of help orchestrate what’s going
on. And that was important. I think you took the lead for this Council in doing
that, so I think the extended terms would have been very beneficial to us. But
unfortunately, you know, it’s not for Council Member Onishi. So I see the reason
to support this. Thanks.
CHR. KANUHA: Thank you. Mr. Onishi.
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Hawaiʻi County Council-40 May 17, 2016
MR. ONISHI: Thank you, Mr. Chair. You know, I appreciate what you’re
saying, Ms. Poindexter. So you know, maybe this next Council when you guys
get re-elected you guys can hire me instead of the legal specialist, you know, the
governmental affairs person for this Council body, right. That’s an opportunity
where you guys can maybe still keep me on board, you know. I appreciate that.
As I mentioned before it was always building a relationship. Why or how things
have been happening for these years, it’s all built on a relationship.
When I first got in, I had great friends. Especially like Representative Jerry
Chang, who took me around in the Capitol introducing me to people on the senate
side, and also on the House side. And also dealing with Senator Donavan
Dela Cruz, who was on the Council at the time when I first got in. He was on his
last year, on the Council going out. So with this relationship that I built, that’s
how I could get things done on the state level.
That’s why I always encourage that you guys need to get someone who can
continue that. And I’ve tried when we went to the opening sessions and stuff like
that, I introduced members who were with me to who I know. So that you folks
can build a relationship, but it’s all up to you guys. If you guys’ not going to
follow through, I mean like they say bring the horse to the water, but it’s up to the
horse to drink the water, right. So I give you guys the connections or introduce
you to people, and it’s up to you guys, right. Yeah, I mean projects to me for
District 4 and District 3, because first when I got elected, was District 4. Then it
changed over to redistricting, and so that became District 3.
I just like worked for the community, and tried to get as much as possible that I
could get for them. And then like I said, the relationship again, with the Mayor.
If you have a good relationship with the Mayor, then you can get more things
done locally, right. So you have the state level where you have relationships, so
you can get some state funding. Then also you can get on the county side, the
relationship with the Mayor. But if you’re going to be someone who always bash
the Mayor in public, in the papers, and news, how do expect the Mayor to give
you things, right? To me is that no matter you could get 20 years, and if you do
that to all the Mayors, you’re not going to get nothing done. So I just did what I
had to do.
And I don’t want to bring this up, but I worked for the county government. I had
21 years in the county government. But to be elected on the Council, I decided if
I got elected, I would resign from my position. Because I didn’t want Council
Members accusing me of just following the administration because I was getting
this break, so I resigned from my job. That’s how serious I took this job. People
always ask, “Oh so you going back to Parks and Rec?” I said “No, I resigned.”
They went like “What?” I go “Yeah, because I wanted to keep it transparent.”
Because I wanted to make sure when I make a vote, it’s not in favor of the
administration because I get this break.
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Hawaiʻi County Council-40 May 17, 2016
To me I cannot support this, because I feel eight years is enough. Because on
proven record if you look at District 4 and District 3, I’ve done a lot working with
the administration, and working with the state level. But I just wanted to let the
public know, is that right now if a Council Member and their staff are new to the
county and they get their eight years, it doesn’t really affect the expenses for the
county. Meaning they do not qualify to get the medical benefits. Right now if
you go your 10 years, you get 50 percent of your health benefits being paid by the
county. If you get 15 years, you get 75 percent, and I think if you go 20 years or
more you get 100 percent. By doing 10 years, now this body is going to be saying
that we’re going to be increasing the expenses on the county side, okay, because
now health benefits is going to come involved, and we all know how health
benefits has been rising. And it’s only going to rise more and more.
So to me, I mean this body can pass it, but like Mr. Chung had mentioned, the
bottom line is going to be the voters. The people out there who are registered,
going to be able to decide on term limits. If the voters pass this, then it’s their
responsibility. Because they now know that if it goes to 10 years, the health
benefits come into play where if we have it at eight the health benefits does not
come into play. So I yield, thank you.
CHR. KANUHA: Thank you. Ms. Wille.
MS. WILLE: I respect my Council Member here, in terms that he’s accomplished
a lot in eight years for his local district. But I think that it’s really, when you try
to look at what can we do that’s on an island-wide basis, I think it’s really on
those big pictures, whether it’s looking at infrastructure or whatever, all of the
different issues in taking things in. Even like working towards the solid waste
issues. So I think that when you say, “Look what I‘ve accomplished in my
district.” It’s really getting into how is energy, water, agricultural, and
overlapping issues come together. I also feel that you were—you know, you were
talking about getting along with the Mayor was looking at me.
MR. ONISHI: No, I’m not looking at you.
MS. WILLE: Well I’m saying that, and here I want—who’s speaking? I want to
respond to that. I totally agree, in terms of the importance of getting along with
the Mayor. And I’m going to say, in my situation the mayor had someone picked
out for this seat before I came along. So I started out with difficulties with
someone who was campaigning against me, so—
CHR. KANUHA: Ms. Wille, we don’t want to get into circumstantial.
MS. WILLE: Okay, so I’m just responding to that, if it hadn’t come up. And I do
agree that is important. But again, I want to get to what we can do in terms of the
island as a whole, and in terms of how we also relate to the state and be a model.
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Hawaiʻi County Council-40 May 17, 2016
In terms of the health benefits that you brought up, I was actually unaware of that
when I was proposing this. But I think that saying that somebody who works here
and is in this office, and that in a way be unfair to people who are in this position.
And let’s keep it unfair to Council Members, shouldn’t be able to work in this
position and get health benefits.
I mean we’re basically paid as part-time people, as far as I’m concerned doing
full-time work. We’ve got the Mayor’s deputies getting approximately twice of
what we get in terms of pay. So I think that a number of these issues may not
impact you or others, because you now have over that 10 years. I think that it is
something that is fair, and I think that we should encourage people to want to be
part of this and feel that they get fair benefits.
One thing that really went back and forth, between five and six two-year terms. I
would be happy to amend this to six, if I really felt there was enough of a majority
on the Council to say they prefer to have it at six and why do we go for the five. I
think at least with five we’ve gotten a 10-year period. I’m going to end, and if
there’s any other questions I think we know what the issues are.
CHR. KANUHA: Mr. Paleka.
MR. PALEKA: What I really like is the discussion regarding the amount of
terms. What’s at stake in terms of the medical benefits that come into play after
10 years of service? For me I’m vested already, I have my years of service but
from the state. But the information is vital to the public, and this was a great
discussion. And the back and forth is always good, and it creates a healthy
democracy. But you know, I’m not going to support this and I’ll say why.
Because it does benefit me, and when I look to myself, I’m not going to vote for
something that benefits me. Because this is a conflict of interest, it’s just the way
I feel. You know, there was a good testimony today.
Mr. Pierce had some testimony and I‘m not agreeing with it, but this idea has
continually been revisiting me. In all good conscience, I understand the voters
will be deciding ultimately. I think I would feel more comfortable if it was
introduced by request maybe from one of the public. I don’t know. Is this our
final reading? No. Well then somebody can change my mind, I don’t know if I
want to abstain or vote “no.” But I think I should vote “no.” Just on the
conscience I have a thing with today. Thank you.
CHR. KANUHA: Mr. Chung.
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Hawaiʻi County Council-40 May 17, 2016
MR. CHUNG: Thank you, Mr. Chairman. Anyway, you know, what’s that
saying one man’s meat is another man’s poison. It’s kind of interesting how
Mr. Onishi, and I’m not criticizing him, looks at limiting it to eight years, so that
people, you know, either Council persons or their staff cannot qualify for
retirement. And that was one of the reasons why this was inactive to begin with,
but I think they weren’t looking at it from fiscal responsibility standpoint like
Mr. Onishi is. But I kind of look at it how Ms. Wille looks at it. And it doesn’t
affect me, I stated this many of times, I’m already vested.
You know, you have staff people working very hard, and they’re not able to
qualify for retirement because of some arbitrary term limit. But anyway, this is
what I’m going to do today. You know, the reason why we went from 12 years or
six two-year terms to five, this watered down version, was to try to get a broader
support base. And the last time both Mr. Paleka and Mr. Onishi, voted for this
thing. So you know what I’m going to do? I stated this on the record before, I
said if it’s going to go down to 10 years, what’s the difference already? Just leave
it alone. So I’m going to vote “no.” You guys don’t want this thing. But I’ll tell
you right now this really would benefit the county, 12 years would have benefited
the county. But you guys want to do this, I’ll vote “no” too. I’ll support you
guys.
CHR. KANUHA: Ms. Poindexter.
MS. POINDEXTER: I know that the League of Women Voters did come to my
office, and they did want longer terms. In fact, they wanted longer than what
we’re talking about here, so they were lobbying for that. You know, I was
surprised they didn’t come to testify, because they were lobbying to see how we
could do it at longer terms. So I don’t know, and I’m trying to stretch the amount
of time to do the vote here. I’m hoping we can call for the vote pretty soon, I
didn’t call for the vote yet.
CHR. KANUHA: Ms. David.
MS. DAVID: Really quickly, Ms. Poindexter. Interesting, the view of
Mr. Paleka, and I think at any period of time if a Council Member would bring
this forth it would be self-serving. It would appear self-serving, because we’re all
in office. I mean who else would bring this forward? So to me I don’t think this
is a self-serving issue. I think it should be left to the voters, I think 10 years is
fair, and I’m going to support Ms. Wille. Because other than that, if we use that
argument we can’t make any revision to the term limit. Thank you very much.
Mahalo.
CHR. KANUHA: Mr. Ilagan.
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Hawaiʻi County Council-40 May 17, 2016
MR. ILAGAN: Thank you, Mr. Chairman. I mean Council Member Eoff, you
know how the Charter Commission works. And what happens after the Charter
Commission recommends that maybe we should extend the term limits?
MS. EOFF: If the Charter Commission were to propose it, it would go to the
voters. It would go onto the ballot.
MR. ILAGAN: Yeah. So this was introduced by a Council Member. I think it’s
black and white, this does not come from the Charter Commission. And there’s
going to be a Charter Commission in the next what four years, six?
MS. EOFF: In 2019, every 10 years. In 2019 would be appointed, I think.
MR. ILAGAN: So, leave it to the Charter Commission.
CHR. KANUHA: Ms. Eoff.
MS. EOFF: Thank you. I have the same sentiments that have been expressed
here, whether or not we should be doing this, or whether it would seem
self-serving. And to wait for a Charter Commission, now the previous Charter
Commission did form an ad hoc committee proposing a change to two four-year
terms, so it would still be eight-year total. Maybe it was a split vote in the day
that it was to go I think for the final vote. I think the people who served on the
ad hoc committee who were proposing it, a couple were absent. Anyways, it
didn’t make to the ballot, so it was discussed though. I’ve been tossing that
around in my mind too, whether or not it’s better for us to just leave it alone since
we’re City and Council Members.
Today Ms. David and I had a conversation with the Deputy County Clerk from
Maui, and I asked him about the 10-year terms on Maui. What was good about it,
and what he thought about it. He said the really good thing about having some
people if they’re doing a good job, they keep getting re-elected for the 10-year
term, it’s the historical knowledge and information that they carry forward
because there’s sometimes a lot of good in that. Somebody who’s seeing things
and come by, and has that historical perspective. I mean it’s really made me think
about this, I can see the pros and cons. I actually, when Ms. Wille first bought it
forward as the four-year term with two consecutive. I was remembering our
discussion on the Charter Commission, and I thought there was a lot of good
reasons for that. And I think the League of Women Voters and some others did
support that for the very reason that it takes some of that political campaigning.
And that out of the mix over the four years you have a longer spread in between
the time you’re campaigning again. You know, right now, I don’t know what the
Council is going to do. I’m still feeling a little back and forth too, so I’m just
going to yield now and keep thinking about it. Thank you.
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Hawaiʻi County Council-40 May 17, 2016
CHR. KANUHA: Mr. Onishi.
MR. ONISHI: Thank you, Mr. Chair. Well first of all I’m very shocked to hear
that the League of Women Voters was in support of it. But they never came to
testify.
MS. WILLE: I could answer.
MR. ONISHI: No, I don’t need you to answer. I just saying that I didn’t hear
them, I mean I don’t think they even sent us testimony, right. I don’t remember
receiving testimony that they’re in support of it, but that’s kind of shocking. You
know, also I didn’t hear from a lot of the Council Members is that, like in certain
issues when we were being faced, well when we voted in the past. I would hear,
“Oh, I talked to my community and they said this,” or, “We polled the community
and they said this.” This one I never heard anything about how the community
feels, and whereas in other issues it was brought up that oh, the community felt
this way. You know, it’s kind of like mixed feelings, where how we really are
thinking about it.
Now talking about that Charter Commission, my friend was on that Charter
Commission at that time when they looked into extending the terms. And he did
call me up, and asked me how do I feel about it? And I told him no, I said I’d
rather stick at the eight. And I could of made a major decision to fix up myself,
and say no, you should make it 12 years, 15, or 20 years. But I told him no, eight
years is enough, because we need to have this turnover. Because we cannot have
people staying there long time, and that’s why back then they did the Charter
amendment. They made it go to the voters to say you want them to have this term
limits, or keep it unlimited to how it was before? And then the voters voted. So
to me I feel that eight years is enough, and then if you want to come back, take a
break and then come back again.
Because you know, the administration going to be gone within your eight or ten
years, so you’re going to have to start all over again anyway. So if you have a
project that’s taking awhile like for island-wide and when the new administration
comes in you have to start all over again. Because how, you know, that new
Mayor has the same views as the past Mayor, or have the same views of what you
folks have. So you’re going to have to start all over again, so then what you’re
going to need another 10 more years to work with that Mayor. And get them to
get on board so you can do this long term planning, but I just cannot see that.
Thank you.
CHR. KANUHA: Thank you. I want to give it to Mr. Chung, and then Ms. Wille
can finish it off. Mr. Chung.
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Hawaiʻi County Council-40 May 17, 2016
MR. CHUNG: I’m very disappointed in my colleagues. Mr. Onishi, Mr. Paleka,
and even Mr. Ilagan—maybe not so much him. Because really moving it back to
10 years was designed for them, and you guys know that, right. You guys voted
for it the last time. I think this is a watered down version of what I’d like to see,
actually to me better four year terms unlimited, that’s the ideal. But just so that I
don’t come across as a real hard-headed guy, that’s the reason why I’m voting
against it. Unless this goes back to six two-year terms, I’m going to be voting
against it.
It’s unfortunate that we use Mr. Onishi as an example, and first he likes to toot his
own horn too, about all his accomplishments. But yet at the same time we’re
trying to use you as an example, and its real unfortunate right now that you’ve
declared publicly that you’re not going back to Parks and Recreation. Too bad.
You would’ve been an asset over there. But now you’re saying publicly you’re
not going back to Parks and Recreation.
MR. ONISHI: I resigned.
MR. CHUNG: What?
MR. ONISHI: I resigned. Because of when I got elected.
MR. CHUNG: No, but you said you’re not going back to parks and recreation.
Because you don’t want to have the appearance that you’re doing anything here
now to go. That’s what you said, read that thing back.
CHR. KANUHA: Thank you. Ms. Wille, if you can.
MS. WILLE: I just wanted to say that I did have constituents and the League of
Women Voters come and meet with me. And they were somewhat split about the
four year, and whether to go to four. But they were supportive of the longer
terms. And the first time this came up, they did come testify, and Cheryl King
would have come in but she’s been in the hospital and has not been able to either
write or that, so I just want to clarify that point. I’d really like to say let’s just
come together on this. I was opened to propose it to six, and I was supportive of
the six. I did do it to just really try to get everyone here moving forward together.
If we want six in the future we could work on the six. I’m just asking my fellow
Council Member here to the right, and he’s now irritated. So I don’t think we’re
going to move him. But please let’s move it forward, and maybe on the next—we
have one more vote on this?
CHR. KANUHA: If it gets six votes.
MS. WILLE: Oh, it will die without six votes. Okay.
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Hawaiʻi County Council-40 May 17, 2016
CHR. KANUHA: Mr. Paleka.
MR. PALEKA: You know, I did support, but I’m really having a hard time with
it. Forgot what I wanted to say. But I don’t want my abstinence or voting “no,”
so I think I’d rather abstain. But I don’t want to influence anybody else’s vote on
the matter. You know, if you feel that’s the right thing, vote that way. I’m not
looking to influence anybody.
MR. MAEDA: Excuse me? Just a point of information, if you abstain that would
count as a “yes” vote.
MR. PALEKA: Thank you.
MR. ILAGAN: Point of Information.
CHR. KANUHA: Mr. Ilagan.
MR. ILAGAN: Can we get clarification on abstain. So you’re telling me that
someone abstain its automatic “yes?”
CHR. KANUHA: Well in parliamentary procedure, if you don’t say anything
during the vote, it counts as a “yes” vote. We are required by our rules to state a
vote whether it’s “yes” or “no.”
MR. ILAGAN: Wow.
CHR. KANUHA: “Kanālua” means with reservations, but we’re required within
our Council rules to say a vote. So, just as a point of information.
MR. ILAGAN: May I have the floor for just for a second?
CHR. KANUHA: Are you finished with your point?
MR. ILAGAN: Yes. I’m finished with my point.
CHR. KANUHA: Okay, Mr. Ilagan.
MR. ILAGAN: Thank you, I’ll be really brief. I just want to urge my fellow
Council Member, Danny Paleka to not abstain. Just because I think—I just want
to urge you to not abstain, because that’s really one of those things that just looks
really bad. Thank you.
CHR. KANUHA: Thank you. I really don’t know what’s going to happen with
this, so I might want to ask for a postponement till the next Council meeting.
Ms. Wille, if I could get a motion to postpone to the next Council meeting.
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Hawaiʻi County Council-40 May 17, 2016
MS. WILLE: Okay.
Motion to Postpone: Ms. Wille moved to postpone Bill 154, Draft 3, to June 3,
2016. Seconded by Ms. David.
CHR. KANUHA: On the postponement, Mr. Ilagan.
MR. ILAGAN: I’m not going to support the postponement. We have all the
members here, I don’t know why we can’t vote on it now.
CHR. KANUHA: Okay, on the postponement. Mr. Onishi.
MR. ONISHI: I also feel why are we postponing? Because we have all nine
members here. I could see if somebody had to leave right now, and they’re gone
then okay. But if we vote now, you’re here. Yeah, so I’m not going to vote for
the postponement. Thank you.
CHR. KANUHA: Okay. Just on the postponement for me, I think there’s still
issues that needs to be cleared up. I don’t think I’m ready to vote for how it
currently is right now, so that’s why I wanted to deal with it later on. And there
are some issues that were brought up today that wasn’t brought up the last time,
so that’s why I’m going to ask for the postponement. Okay, Mr. Clerk, on the
postponement.
Vote on Motion The motion to postpone Bill 154, Draft 3, to June 3, 2016
to Postpone: was carried by the following roll call vote:
(Approved)
Ayes: Council Members David, Eoff, Onishi,
Paleka, Poindexter, Wille, and
Chair Kanuha – 7.
Noes: Council Members Chung and Ilagan – 2.
Absent: None.
Excused: None.
CHR. KANUHA: Thank you. Mr. Clerk, can we go to the top of the agenda
Bill 200.
Return to Order The Chair directed the Council to return to the order of business.
of Business:
BILLS 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-40 May 17, 2016
Bill 200: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6, OF THE HAWAI‘I
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
LOADING ZONES
Removes portion of Keawe Street from Schedule 36 (Freight loading zones),
Subsection (c), South Hilo.
Reference: Comm. 865
Intr. by: Ms. Poindexter
Approve: PWPRC-43
Vote on Bill 200: Ms. Eoff moved to pass Bill 200 on first reading and adopt
(Approved) Public Works and Parks and Recreation Committee Report
No. 43. Seconded by Ms. David and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Wille, and
Chair Kanuha – 8.
Noes: None.
Absent: Council Member Poindexter – 1.
Excused: None.
CHR. KANUHA: Ms. Poindexter will be excused for the rest of this meeting, as
she had another community event. Motion passes. Bill 201
Bill 201: AMENDS CHAPTER 14, ARTICLE 1, SECTION 14-2 AND SECTION 14-2.1
OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED),
RELATING TO CONSUMPTION OF INTOXICATING LIQUORS AT
PARKS
Adds Hawaiian Ocean View Park to Section 14-2 (areas requiring permits for
intoxicating liquors between the hours of 10:00 a.m. and 10:00 p.m.) and
removes Hawaiian Ocean View Park from Section 14-2.1 (intoxicating liquors
allowed between the hours of 6:00 p.m. and 10:00 p.m.).
Reference: Comm. 866
Intr. by: Ms. David
Approve: PWPRC-44
Motion to Approve: Ms. David moved to pass Bill 201 on first reading and adopt
Public Works and Parks and Recreation Committee Report
No. 44. Seconded by Mr. Paleka.
CHR. KANUHA: Ms. David.
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Hawaiʻi County Council-40 May 17, 2016
MS. DAVID: Mahalo. I think we had a discussion on this quite at length at
committees, so I’m just asking for your support.
CHR. KANUHA: Thank you, Ms. David. Any other discussion? Hearing or
seeing none, all in favor of the motion to approve say “aye.”
Vote on Bill 201: The motion to pass Bill 201 on first reading and adopt
(Approved) Public Works and Parks and Recreation Report No. 44 was
carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Wille, and
Chair Kanuha – 8.
Noes: None.
Absent: Council Member Poindexter – 1.
Excused: None.
CHR. KANUHA: Motion passes. Bill 207.
Bill 207: AMENDS ORDINANCE NO. 15-58, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2015, TO JUNE 30, 2016
Adds the Parks and Recreation Waiākea Uka Community Center – State project
for $600,000 to the Capital Budget. Funds for this project shall be provided from
State Grants Receivable ($600,000). Funds would be used for land acquisition
and design for a community center in Waiākea Uka.
Reference: Comm. 879
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 207 on first reading. Seconded
by Mr. Paleka.
CHR. KANUHA: Ms. Eoff.
MS. EOFF: Thank you. I’ll go ahead and leave this to Mr. Onishi.
CHR. KANUHA: Mr. Onishi.
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Hawaiʻi County Council-40 May 17, 2016
MR. ONISHI: Thank you, Mr. Chair. First of all I want to thank my brother
Representative Richard Onishi, to getting this CIP (Capital Improvement Projects)
funds. What happened is that he lives upside of the Waiākea Uka Gym, and you
know, when there is events like basketball tournaments, baseball games, and so
forth, that roadway on Ainaloa Drive just gets packed, there’s not enough parking.
So people park alongside on the road. What I was worried about is that one day,
and I don’t want this to happen, but you know, maybe a child going run between
the cars and going across the street, and a car is going to just come down and bang
them.
So I talked to my brother about it, and he also knew about it because like I said he
lives above there. Then we started looking to where we could maybe get this
parking lot and also a community center. And we found out this one property just
behind the gym, the baseball park, this guy wanted to sell his five acres. So from
a parking lot it became like a parking lot plus maybe like a community center for
that district up there. So with this $600,000, it was mentioned it’s going to be
purchasing the property, which hopefully the Property Management is right now
negotiating with the owner. Hopefully we can get it for like $300-something
thousand plus, and then the extra money will go for plans and designs for the
community center and also creating that parking lot. I really want to thank my
brother Richard, for getting the money for us the County of Hawaiʻi. Supposedly
once that is done, they’ll get the money to build the community center. So just
thank him. I hope you guys can support it. Thanks.
CHR. KANUHA: Thank you, Mr. Onishi. Council Members, any discussion?
Mr. Paleka.
MR. PALEKA: I’m familiar with that area too, it’s above my mom’s house.
That’s a really good one, and that road is really narrow up there.
CHR. KANUHA: Thank you. Any other discussion? Hearing or seeing none, all
in favor of the motion to approve say “aye.”
Vote on Bill 207: The motion to pass Bill 207 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Wille, and
Chair Kanuha – 8.
Noes: None.
Absent: Council Member Poindexter – 1.
Excused: None.
CHR. KANUHA: Motion passes. Mr. Clerk, Bill 179, Draft 3.
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Hawaiʻi County Council-40 May 17, 2016
ORDER OF The Chair directed the Council to proceed to the next order of business,
THE DAY Order of the Day (Second and Final Reading).
(SECOND OR
FINAL READING): (Note: Items in this category were taken up previously, out of order.)
Bill 179 AMENDS ARTICLE III, SECTION 3-15 OF THE HAWAI‘I COUNTY
(Draft 3): CHARTER (2014), RELATING TO THE GENERAL PLAN
Adds and amends language in Section 3-15.
Reference: Comm. 794.7
Intr. by: Ms. Wille
First Reading: April 20, 2016
Second Reading: May 4, 2016
2/3 Vote: Third of three required readings,
Section 15-1(a), Hawai‘i County Charter
Motion to Approve: Ms. Wille moved to pass Bill 179, Draft 3, on third and
final reading. Seconded by Mr. Paleka.
CHR. KANUHA: Ms. Wille.
MS. WILLE: The key thing here in terms of changes to this draft, were wording
changes that the Director of Planning requested. And in terms of his long-term
planning staff. Really just trying to incorporate the whole idea of looking at sort
of long-term economic environmental socio-cultural wellbeing. In some ways
verses just looking at the long-range comprehensive physical development of the
county. These words may seem very theatrical, you know, what’s the difference?
But just as the Director of Planning said, when there was some of the testimony
and some things that I proposed. He said, you know, Margaret the way this is
written, really we’re just looking at the physical development of the county. I
think the way that this is worded really puts it more into the perspective of the
CDP (Community Development Plans), and how they looked at it.
The other thing which is sort of stepping aside, is when you’re sort of looking at
physical development. It’s like well what’s the next step, what new roads we
have. Where, if you sort of look at the whole picture in terms of this overall
wellbeing, you start with where do you want to get and what are the options, and
what do you have to do to get there. So there’s sort of a different analytical
framework, which I think really moves us forward in terms of thinking about
long-term solutions and not just what are the next steps.
The Planning Director felt that some of the words down here were sort of
repetitive, we can take those out. I did add in the word where it says “general
welfare and prosperity of the people,” added in, “general welfare, health and
prosperity of the people.” So he was in agreement with that, so this is in
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Hawaiʻi County Council-40 May 17, 2016
consultation with him and with their long-term planning staff felt that this is what
we came up with. Again, it would go to the voters. And it’s largely sort of
focused in a way both the CDP committees, how they’re working and how do you
look towards the future. And also parallel sort of the direction that the State
Planning Department is going, and let’s look out there and look back, not just
what are the next steps. If you don’t have your vision and goals it’s hard to say
what options you should pick out. This gives a better perspective, it’s not just a
matter of concepts and words. It does make a difference in terms of the quality of
planning, and taking action plans. Anyway I don’t think there was anything real
controversial, but if there’s somebody who has a question I’ll be happy to answer.
CHR. KANUHA: Mr. Paleka.
MR. PALEKA: Yeah, I’m going support this. It doesn’t change the physical
plan, but it does add kind of a tone to it. I’m going to support this.
CHR. KANUHA: Thank you, Mr. Paleka. Council Members, any other
discussion on this? All in favor of the motion to approve say “aye.”
Vote on Bill 179 The motion to pass Bill 179, Draft 3, on third and final
(Draft 3): reading was carried by the following voice vote:
(Adopted)
Ayes: Council Members Chung, David, Eoff,
Ilagan, Paleka, Wille, and
Chair Kanuha – 7.
Noes: Council Member Onishi – 1.
Absent: Council Member Poindexter – 1.
Excused: None.
CHR. KANUHA: Motion passes. Mr. Clerk, next item.
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
First Reading: May 4, 2016
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Hawaiʻi County Council-40 May 17, 2016
Vote on Bill 187: Ms. Eoff moved to pass Bill 187 on second and final
(Adopted) reading was carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Wille, and
Chair Kanuha – 8.
Noes: None.
Absent: Council Member Poindexter – 1.
Excused: None.
CHR. KANUHA: Motion passes. Next item.
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
First Reading: May 4, 2016
Motion to Approve: Ms. Eoff moved to pass Bill 196 on second and final
reading. Seconded by Mr. Paleka.
CHR. KANUHA: Ms. Eoff.
MS. EOFF: Thank you, Mr. Chair. This is the funding mechanism for the full
scale composting facility that we’re going be looking at on the next bill. I think
we spoke about this the last time we met.
CHR. KANUHA: Thank you, Ms. Eoff. Discussion, Council Members?
Hearing or seeing none, all in favor of the motion to approve say “aye.”
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Hawaiʻi County Council-40 May 17, 2016
Vote on Bill 196: The motion to pass Bill 196 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Paleka, Wille, and
Chair Kanuha – 7.
Noes: None.
Absent: Council Members Onishi and Poindexter – 2.
Excused: None.
CHR. KANUHA: Motion passes. Next item.
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
First Reading: May 4, 2016
Note: Requires 2/3 vote of the entire
membership to amend, pursuant to
Section 10-6(e), Hawai‘i County Charter
Motion to Approve: Ms. Eoff moved to pass Bill 197 on second and final reading.
Seconded by Ms. David.
CHR. KANUHA: Ms. Eoff, just real quickly.
MS. EOFF: Yeah, just real quickly. We had quite a lengthy discussion about
this. This is a project for the organics processing facilities in both Hilo and Kona.
It moves us closer to our solid waste diversion goals, and we’ll deliver a
significant amount of waste from the Hilo and Kona landfills. The other added
thing that we spoke about was, it’s heating compost up high enough to kill a lot of
invasive species. And should be ready by the starting of summer this year, and in
full scale by 2018 if I remember correctly.
CHR. KANUHA: Thank you, Ms. Eoff. Ms. Wille, go right ahead.
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Hawaiʻi County Council-40 May 17, 2016
MS. WILLE: I urge your support for this. This is something that, you know,
starting from when we decided to not do the mass burn incinerator, and really
moved towards more of a zero waste options. I want to clarify one thing that I
heard people saying is that, now the mulch people are going to have to pay, and
that’s not true, the mulch is going to be free. It’s part of the contract that we got
with the party. That was part of our request, to ensure that the enhanced mulch
would be free. That would be done in a way, that it would not have invasive
species. I think this is important, also across the board for the little red fire ants.
And all of the different invasive species.
At the same time it’s giving us the compost, where we talk about all the things we
have to import on this island. Now we’ll be able to provide landscapers, farmers,
and residents with a high quality compost. In doing that we’d be getting our food
scraps out, and all of our compostables. Especially if we move in that direction in
getting rid of styrofoam, would even add to that. But making it really a more
sustainable island, and I think this in terms of the wellbeing, I think it affects all
of the levels of economic wellbeing in many ways.
So I urge your support. I think this is the final nail, and I do want to mention in
terms of just the funds is that we did the contract in the way that the county would
be the ones to own the facility at the end of the lease period. It’s not a situation
where we were say with waste to energy it’s somebody else’s facility and were 25
to 35 years away and we’re still paying hundreds of millions away.
Lastly, by getting all of this greenwaste out of the landfill, we’re reducing what’s
going into the landfill by around 45 percent. That’s a lot of dollars. We’re
changing a negative into a positive. And right now we’re having to truck some of
the mulch from Puʻuanahulu over to Hilo, because there’s too much
accumulating, and I think it’s because of the potential for fire. We’re also
avoiding the threat, and in the past EPA fines. Where we are putting too much
greenwaste in there for the potential for fire, and again we’re eliminating all of the
methane that goes into the air that would otherwise be there. And if you recall,
when we worked on spending several million dollars to put an infrastructure to
remove methane, we’re eliminating that. On many fronts, I worked on this issue
in terms of the compost for a long time. And I’m really grateful that we’ve
reached this point. Thank you.
CHR. KANUHA: Mr. Onishi.
MR. ONISHI: Thank you, Mr. Chair. Yeah, I do also support this. What is
interesting, if you get to talk to the Director, Bobby Jean, it’s really interesting on
what kind of company that’s going to be operating this facility. I’m hoping that
next month, I’ll have them come in front of our Environmental Committee to do
an update on us and explain everything about what they’re going to be able to
utilize, and how they can go to the maximum capacity for this plant. Because
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Hawaiʻi County Council-40 May 17, 2016
since we have it, we might as well utilize it as much as we can. That’s a great
direction that this Hawaiʻi County can do.
CHR. KANUHA: Mr. Chung.
MR. CHUNG: Thank you, Mr. Chairman. You know, I really wanted to credit
the efforts of Ms. Wille, in getting this thing going. If you all recall this project
actually started as an experimental proposal pitched by the administration. But
Ms. Wille threw her vision, foresight, and hard work and persistence to change
this from an experimental project into now a $10.5 million project. Which
Ms. Eoff characterized probably being if not one of the most important, if not the
most important project that we’re going to see during our time. Because it has an
island-wide application, and it fits into the overall solid waste management
scheme. So I really wanted to credit the reference in that regard. Thank you.
CHR. KANUHA: Thank you, Mr. Chung. Council Members, any other
discussion before I ask for the vote? Hearing or seeing none, all in favor of the
motion to approve say “aye.”
Vote on Bill 197: The motion to pass Bill 197 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Wille, and
Chair Kanuha – 8.
Noes: None.
Absent: Council Member Poindexter – 1.
Excused: None.
CHR. KANUHA: Motion passes. 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
First Reading: May 4, 2016
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Hawaiʻi County Council-40 May 17, 2016
Vote on Bill 198: Ms. Eoff moved to pass Bill 198 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, Wille, and
Chair Kanuha – 8.
Noes: None.
Absent: Council Member Poindexter – 1.
Excused: None.
CHR. KANUHA: Motion passes. Bill 199.
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
First Reading: May 4, 2016
Motion to Approve: Ms. Eoff moved to pass Bill 199 on second and final reading.
Seconded by Mr. Paleka.
CHR. KANUHA: Ms. Eoff.
MS. EOFF: Well, I’m going to defer to Mr. Onishi. But before I do I just want to
say that I committed monies from my contingency in July to help for this voucher
program.
MR. ONISHI: Good. Right on, thank you.
CHR. KANUHA: Mr. Onishi.
MR. ONISHI: Ms. Eoff, thank you very much for doing that, your support. I just
wanted to again thank Sherman Enright, Director Fujikami in helping Hawaiʻi
County. Because they’re members on the board of the HIS Council, which is the
Hawaiʻi Invasive Species Council, which is a statewide group. Applications has
to go in, and also I have to thank R&D for submitting the application for this
program. It’s interesting how they work and how you have to fight for the money
to get your grant awarded, whatever you can get. But I want to thank them,
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Hawaiʻi County Council-40 May 17, 2016
because they really helped push on their side to get us the $96,000. We were
supposed to get less than that. I hope that this program can be successful, and we
can continue to get more funds. Like I mentioned, hopefully one of you guys
have a relationship up at the state, so you guys can continue getting that funding.
Thank you.
CHR. KANUHA: Council Members, any other discussion? Hearing or seeing
none, all in favor of the motion to approve say “aye.”
Vote on Bill 199: The motion to pass Bill 199 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Wille, and
Chair Kanuha – 8.
Noes: None.
Absent: Council Member Poindexter – 1.
Excused: None.
CHR. KANUHA: Ms. Eoff.
Vote on Motion Ms. Eoff moved to Suspend Council Rule 15 to waive the
to Suspend 5-day hold for reconsideration of Bill 199. Seconded by
Council Rules: Mr. Onishi and carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Wille, and
Chair Kanuha – 7.
Noes: None.
Absent: Council Members Paleka and Poindexter – 2.
Excused: None.
CHR. KANUHA: Motion passes. Mr. Clerk, if we can go to Bill 202. And
Mr. Paleka and Ms. Poindexter are excused. Mr. Paleka, also had a memo stating
that he had leave at 4:30 p.m., to attend a community meeting.
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Hawaiʻi County Council-40 May 17, 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
First Reading: May 4, 2016
Motion to Approve: Ms. Eoff moved to pass Bill 202 on second and final reading.
Seconded by Ms. David.
CHR. KANUHA: Ms. Eoff
MS. EOFF: Just going to say that while this is a large amount of money, there’s
no choice. We have to take care of our waste and wastewater and create this
reusable water system for Kealakehe as well as the Pua Force Main
Rehabilitation. Not glamorous, but totally important for our class Double A (AA)
water on the west side, and for the waters here in Hilo. Mahalo.
CHR. KANUHA: Thank you, Ms. Eoff. Any other discussion? Hearing or
seeing none, all in favor of the motion to approve say “aye.”
Vote on Bill 202: The motion to pass Bill 202 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Wille, and
Chair Kanuha – 7.
Noes: None.
Absent: Council Members Paleka and Poindexter – 2.
Excused: None.
CHR. KANUHA: Motion passes. Mr. Clerk, Bill 203.
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Hawaiʻi County Council-40 May 17, 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
First Reading: May 4, 2016
Motion to Approve: Ms. Eoff moved to pass Bill 203 on second and final reading.
Seconded by Ms. David.
CHR. KANUHA: Ms. Eoff.
MS. EOFF: Thank you. I think we’ve heard a lot about this from Housing and
our past discussion. Urge for all of you to support this.
CHR. KANUHA: Thank you, Ms. Eoff. Any other discussion? Hearing or
seeing none, all in favor of the motion to approve say “aye.”
Vote on Bill 203: The motion to pass Bill 203 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Wille, and
Chair Kanuha – 7.
Noes: None.
Absent: Council Members Paleka and Poindexter – 2.
Excused: None.
CHR. KANUHA: Motion passes.
Vote on Motion Ms. Eoff moved to Suspend Council Rule 15 to waive the
to Suspend 5-day hold for reconsideration. Seconded by Mr. Onishi
Council Rules: and carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Wille, and
Chair Kanuha – 7.
Noes: None.
Absent: Council Members Paleka and Poindexter – 2.
Excused: None.
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Hawaiʻi County Council-40 May 17, 2016
CHR. KANUHA: Motion passes. Mr. Clerk, can you just read in all the reports?
REPORTS: The Chair directed the Council to proceed to the next order of business, Reports.
FC-64 NOMINATION OF GRACE REINHARD TO THE TAX BOARD OF REVIEW
(Comm. 868):
PC-58 NOMINATION OF NANCY CARR SMITH TO THE LEEWARD PLANNING
(Comm. 869): COMMISSION
PC-59 NOMINATION OF PERRY H. KEALOHA TO THE LEEWARD PLANNING
(Comm. 870): COMMISSION
PC-60 NOMINATION OF MARK TRAVALINO TO THE BOARD OF APPEALS
(Comm. 871):
Vote on FC-64: Ms. David moved to approve Finance Committee Report
(Adopted) No. 64. Seconded by Mr. Onishi and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Wille, and
Chair Kanuha – 7.
Noes: None.
Absent: Council Members Paleka and Poindexter – 2.
Excused: None.
CHR. KANUHA: Motion passes.
Vote on PC-58: Ms. David moved to approve Planning Committee Report
(Adopted) No. 58. Seconded by Ms. Eoff and carried by the following
voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Wille, and
Chair Kanuha – 7.
Noes: None.
Absent: Council Members Paleka and Poindexter – 2.
Excused: None.
CHR. KANUHA: Motion passes.
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Hawaiʻi County Council-40 May 17, 2016
Vote on PC-59: Ms. David moved to approve Planning Committee Report
(Adopted) No. 59. Seconded by Mr. Onishi and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Wille, and
Chair Kanuha – 7.
Noes: None.
Absent: Council Members Paleka and Poindexter – 2.
Excused: None.
CHR. KANUHA: Motion passes.
Vote on PC-60: Ms. David moved to approve Planning Committee Report
(Adopted) No. 60. Seconded by Mr. Onishi and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Wille, and
Chair Kanuha – 7.
Noes: None.
Absent: Council Members Paleka and Poindexter – 2.
Excused: None.
CHR. KANUHA: Motion passes. Mr. Clerk, I think we got everything?
MR. MAEDA: Yes. Chair, we went through all the items today.
CHR. KANUHA: May I have a motion to adjourn?
REFERRALS The Chair directed the Council to proceed to the next order of business,
FOR EXECUTIVE Referrals for Executive Session.
SESSION:
(Note: Items in this category were taken up previously, out of order.)
OTHER The Chair directed the Council to proceed to the next order of business, Other
BUSINESS: Business.
(There were none.)
ANNOUNCE- The Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
(There were none.)
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Hawai`i County Council-40 May 17, 2016
ADJOURN- There being no other business, at 4:36 p.m., Mr. Onishi 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, Wille, and
Chair Kanuha—7.
Noes: None.
Absent: Council Members Paleka and Poindexter—2.
Excused: None.
CHR. KANUHA: We are adjourned. Thank you.
JAN 2 4 2018
Council Approval:
1
CO Ji " Y CLERK
SM/rk
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