HomeMy WebLinkAboutMIN COUNCIL 2017-12-20 2016-2018
Hawaiʻi County Council
th
28 Session
West Hawaiʻi Civic Center
74-5044 Ane Keohokālole Highway, Building A
Kailua-Kona, Hawaiʻi
December 20, 2017
INVOCATION: Reverend Ramesh Martin Devadoss from St. Michael’s Catholic Church gave the
mornings invocation.
CALL TO The regular meeting of the Hawaiʻi County Council was called to order at
ORDER: 9:10 a.m., in the Council Chambers, Kailua-Kona, by Ms. Karen Eoff,
Acting Chair.
ROLL CALL:
Present: Ms. Valerie T. Poindexter, Chair
Ms. Karen Eoff, Vice Chair
Mr. Aaron S. Y. Chung, Member (via videoconference from Hilo)
Ms. Maile Medeiros David, Member
Mr. Dru Mamo Kanuha, Member
Ms. Susan L. K. Lee Loy, Member (via videoconference from Hilo)
Ms. Eileen O’Hara, Member
Mr. Herbert M. “Tim” Richards, III, Member
Ms. Jennifer Ruggles, Member
PLEDGE OF The Acting Chair directed the Council to the next order of business, Pledge of
ALLEGIANCE: Allegiance.
(At this time, Mr. Richards led the Council in the Pledge of
Allegiance.)
PETITIONS, The Acting Chair directed the Council to proceed to the next order of business,
MEMORIALS, Petitions, Memorials, Certificates of Merit, and Expressions of Condolence.
CERTIFICATES
OF MERIT, AND (There were none.)
EXPRESSIONS OF
CONDOLENCE:
Hawaiʻi County Council-28 December 20, 2017
STATEMENTS The Acting 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:
Gaylene Hopson: Comm. 621, in support.
(representing BIVTC)
Ronald Ibarra: Res. 431-17 (Comm. 629); and
Res. 432-17 (Comm. 630), in support.
Cory Harden: Res. 419-17 (Comm. 616);
Res. 420-17 (Comm. 617);
Res. 421-17 (Comm. 618);
Res. 422-17 (Comm. 619);
Res. 435-17 (Comm. 633); and
Res. 436-17 (Comm. 634), in support.
Eugene F. Bejo Sr.: Res. 432-17 (Comm. 630), in support
(representing Veterans and comment.
Drug Court)
Rene Siracusa: Res. 417-17 (Comm. 614);
(representing Malama Res. 419-17 (Comm. 616);
O’ Puna) Res. 421-17 (Comm. 618);
Res. 422-17 (Comm. 619);
Res. 435-17 (Comm. 633); and
Res. 436-17 (Comm. 634), in support.
Shannon Burrows: Res. 419-17 (Comm. 616);
Res. 420-17 (Comm. 617);
Res. 421-17 (Comm. 618);
Res. 422-17 (Comm. 619);
Res. 435-17 (Comm. 633); and
Res. 436-17 (Comm. 634), in support.
Chere Rae Kalili: Res. 430-17 (Comm. 628), in support.
(representing D.A.R.E. Hawai‘i)
Craig Fuller: Res. 424-17 (Comm. 622);
(representing Konawaena Res. 425-17 (Comm. 623), in support.
High School Robotics)
Page 2
Hawaiʻi County Council-28 December 20, 2017
Susan Jarvi: Res. 419-17 (Comm. 616);
Res. 420-17 (Comm. 617);
Res. 421-17 (Comm. 618);
Res. 422-17 (Comm. 619);
Res. 435-17 (Comm. 633); and
Res. 436-17 (Comm. 634), in support
and comment.
Marcia Sakai: Res. 419-17 (Comm. 616); and
(representing U. H. Hilo) Res. 436-17 (Comm. 634), in support.
Christy A. Logan: Res. 426-17 (Comm. 624), in support.
(representing Art 4 Moore
Shopping Spree)
Dennis “Fresh” Onishi: Res. 415-17 (Comm. 612);
(representing Hawai‘i Res. 416-17 (Comm. 613); and
Island United Way) Res. 430-17 (Comm. 628), in support
Ginny Aste: Bill 81 (Comm. 601), in support.
(representing Skatepark
Coalition)
Nahulu Carvalho: Res. 438-17 (Comm. 636), in support.
(representing Pilikulāiwi)
Apolei Carvalho: Res. 438-17 (Comm. 636), in support.
(representing Pilikulāiwi)
Eddie Schoeppner: Res. 431-17 (Comm. 629);
(representing U. H. Hilo) Res. 432-17 (Comm. 630), comment.
Frannie Pueo: Res. 429-17 (Comm. 627), in support.
(representing Hui Pono Holoholona)
Vivian Toellner: Res. 429-17 (Comm. 627), in support.
(representing Hui Pono Holoholona)
Peter Kubota: Comm. 621, in support.
(representing Friends of
Big Island Drug and
Veteran’s Court)
Page 3
Hawaiʻi County Council-28 December 20, 2017
APPROVAL The Acting Chair directed the Council to proceed to the next order of business,
OF MINUTES: Approval of Minutes.
Vote on Approval of Ms. David moved to approve the Minutes of
Minutes: November 2, 2017. Seconded by Ms. Ruggles and carried
(Approved) by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, Poindexter, Richards, Ruggles, and
Acting Chair Eoff – 8.
Noes: None.
Absent: Council Member O’Hara – 1.
Excused: None.
Vote on Approval of Ms. Poindexter moved to approve the Minutes of
Minutes: November 15, 2017. Seconded by Mr. Richards and
(Approved) carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, Poindexter, Richards, Ruggles, and
Acting Chair Eoff – 8.
Noes: None.
Absent: Council Member O’Hara – 1.
Excused: None.
COMMUNI- The Acting Chair directed the Council to proceed to the next order of business,
CATIONS: Communications.
Comm. 621: REQUESTS A PRESENTATION AND UPDATE BY THE HONORABLE
MELVIN FUJINO, JUDGE FOR THE THIRD DISTRICT COURT, AND DRUG
COURT COORDINATOR GRAYSON HASHIDA REGARDING THE BIG
ISLAND DRUG COURT AND BIG ISLAND VETERANS TREATMENT
COURT PROGRAMS
From Council Member Maile David and Council Member Karen Eoff, dated
November 28, 2017.
(Note: Comm. 621.1, from Council Member Jennifer Ruggles dated
December 14, 2017, transmitting the above-referenced matter be waived from the
Committee of Public Safety and Mass Transit to full Council for immediate action.)
(Note: At this time, the Honorable Judge Melvin Fujino and Drug Court
Coordinator Grayson Hashida came forward and gave a PowerPoint presentation
to the members of the Council. For viewing of the subject presentation, see the
DVD copy of the meeting proceedings on file in the Clerk’s Office. A copy of
the Powerpoint presentation is made a part of the record, see Comm. 621.2.)
Page 4
Hawaiʻi County Council-28 December 20, 2017
MR. HENRICKS: If I could just make a quick correction to our agenda?
Unfortunately, we list Judge Fujino as servicing the Third District Court, so I just
wanted to make that correction for the record that it’s the Third Circuit Court.
Thank you.
ACTING CHR. EOFF: Thank you, Mr. Clerk, that’s noted. You folks can come
to the testifier table and I’m not sure—is your presentation ready to go or do we
need to do some technical adjustments first? Okay, I’m going to take a quick
recess while we make sure you’re set up. Okay, we’re in recess.
Recess: At 10:15 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 10:26 a.m.
Motion to Close file: Ms. David moved to close file on Comm. 621. Seconded
by Ms. Poindexter.
ACTING CHR. EOFF: Thank you. Ms. David, I’m going to open up for
discussion with you.
MS. DAVID: Thank you, Chair. Aloha and welcome, again, your Honor and Mr.
Hashida. Thank you for that presentation, and I just wanted to congratulate and
acknowledge, again, Judge Ibarra back there, because, you know, we’ve been
going to Drug Court; Council Members Kanuha, Eoff, and I, in Kona for several
years and every time we go it just gives us hope that, you know, this program
really works. And I would like to note that when they graduate and they come up
to speak and to share, I’m so impressed of their speaking abilities. It took me a
long time to figure it out, but they speak from the heart and you get a sense how
important this program is, both from the veterans and the Drug Treatment Court
Program. So, that really impresses me a lot and it just gives me more confidence
that this is a program that we really should pay more attention to. And I thank our
veterans for their service. I think I grew up in the Vietnam War era and a lot of
my classmates, Eddie Schoeppner, graduated one year before me in Konawaena
and so, I know a lot of these veterans of that period from the Vietnam War,
especially in Kona. I’m very proud of you, Eddie, and that’s about all I can say. I
can’t say enough thanks to you folks for what you folks do and what we do as
little as we can to help, but finally, I’ve never cried so much at these graduations.
Council Member Eoff and I always say on our way, did you bring the Kleenex?
And we always forget, so just a suggestion, maybe you should have a box next to
the door for people that are not really—unaware of what’s going to happen. But,
I congratulate all the graduates, they are awesome. So, thank you for being here
today and your presentation, and I yield. Mahalo, Chair.
Page 5
Hawaiʻi County Council-28 December 20, 2017
ACTING CHR. EOFF: Thank you, Ms. David, any other comments or questions,
Council Members? Okay, we got a lot, so let’s go to Hilo first since you guys
have been so quiet. Ms. Lee Loy or Mr. Chung, whoever wants to go first.
MS. LEE LOY: Thank you, Chair, and thank you, too, Judge Fujino and Judge
Ibarra. I, too, have attended the graduation ceremonies and I’m always so moved
by the heartfelt stories that are shared during this graduation programs. I think
what I really want to highlight is the fire power behind this program. We have
two judges; one retired and a sitting judge urging our support, and this one is
really easy to give back. You know, our veterans have given so much during their
service and this is just one small step for us to continue to support them when they
come home. And I really appreciate Mel Fujino and, then,
Judge Ibarra for just being the pillars of this program and reminding us, especially
during this time of the year and the season, of how important it is to recognize the
sacrifices of our veterans. So, I just wanted to say thank you very much and look
forward to continuing to support this program, because it really does make a
difference for our entire community. Thank you.
ACTING CHR. EOFF: Thank you, Ms. Lee Loy. Mr. Chung.
MR. CHUNG: Thank you. It’s testimonies like the ones we have heard today
from the man here, in Hilo, with the suit and the guy over in Kona, you know, the
Konawaena grad that make our time here worthwhile I think. The reason for that
is they present human stories and those are always interesting, especially from a
local community such as ours. I wanted to thank them for sharing their stories
and their failings actually, and, then, their successes. But I don’t know how often
Judges Fugino and Ibarra and Nakamura get so see the fruits of their labor. I
mean, you know, later on. I really don’t know what kind of monitoring system
they have there, but as they know, I also work in the court system and I’ve been
seen to see firsthand the effects of this program and it’s unbelievable. I have had
a lot of clients who’ve had to go through drug court. Really, what I wanted to say
about it though is, you know, I wish drug court could be applied to a lot of things
that we do in the real world because it’s based on compassion and yet, it’s tough.
I’m not going to just single out Judge Ibarra, but he is the name that comes up
most often, they say yeah Judge Ibarra, he doesn’t full around, you cannot mess
around in his court. And, really, that’s how it should be. It should be a balance,
we cannot have too much leniency in our society and that’s why I really like the
drug court motto, the drug and veterans court motto. So, in that regard, I just
wanted to thank all of you judges for all of your good work.
ACTING CHR. EOFF: Thank you. I heard a sound but I wasn’t sure if you were
finished speaking, Mr. Chung? Mr. Richards.
MR. RICHARDS: Thank you, Chair and thank you, Judges. Great presentation
and highlighting. I have to echo what Councilman Chung said—great to hear
Page 6
Hawaiʻi County Council-28 December 20, 2017
from the judges, but the stories from the participants actually really strike home.
Judge, I had a question concerning looking at the funding. This looked like a
three-year project that terminated 2017. Is funding questionable going forward
then?
HONORABLE JUDGE FUJINO: During that three-year period provided for us
to go to training, so the two teams went to training, but also we had a probation
officer specifically assigned. So, what we did was, since the funding is no
longer—was terminated we don’t have this probation officer which was the key
for island-wide. And so, what we did was just because we didn’t have funding
didn’t mean we’re going to cut off the program this program is too important.
Judge Ibarra still the chief prior to his retirement we have a Big Island Drug Court
that meats island-wide we agreed we cut down the numbers and look at the cases
where the veterans who qualified for payment treatment services and still conduct
the veterans treatment court we’re limited with funding that doesn’t mean we cut
the program. Previously, the grant we can take in people that different have
funding or weren’t approved to veterans services. So, that is the difference now,
because of lack of funding we have to balance with the resources we have to the
people that qualify and get payment through treatment with the veterans services.
MR. RICHARDS: Okay, and probably Council woman David is going to laugh
at me because I’m always working at numbers. But I look at using your numbers
51,000 per incarcerate per year, and if you look at the numbers 24 times 50,000, if
they’re all in prison you are looking at $1.2 million. And I can’t believe this
program is even one-third of that cost. So, it saves our society a lot of money to
put resources towards this program. Am I understanding this correctly?
HONORABLE JUDGE FUJINO: Yes. The main thing we get to have these
people become productive members of society who can return back to the
community, who their family sees and obviously as Council Chairperson David
mentioned, they speak from the heart. That is, I think, priceless. They’re at the
stage where they are at now because of the program and their hard work.
MR. RICHARDS: So, in my mind, the fact that we fix or problem, have
productive people, participants in society and, oh, yeah, by the way, we cut the
costs by, I don’t know, 60, 70, 80 percent. Again, thank you so much for the
work and your efforts and we got to figure out how to get more funding for this.
So, I yield.
ACTING CHR. EOFF: Thank you, Council Member Richards. Council Member
O’Hara.
MS. O’HARA: Thank you, Chair. This was a great program I was fortunate to
attend my first graduation ceremony a few months ago when it was the graduation
of the gentlemen who testified from Hilo. And it was a very heartfelt event, and
Page 7
Hawaiʻi County Council-28 December 20, 2017
he’s doing great, and I have to commend him for taking the bus. Taking the Hele-
On bus is challenging sometimes all the way out to Pahoa where he had been
volunteering at our access for drug treatment and addiction problems. So, he’s
really become a great contributor to our society and the needs that we have in my
community in particular, and I really appreciate that and would love to see this
program continue. My question, actually, was along the lines of Council Member
Richards in terms of the funding. I see that, too, that the three-year federal
funding had ended in September of 2017. Are there other grant opportunities out
there we can or have been applying for we can help supplement this program into
the future?
HONORABLE JUDGE FUJINO: That’s a great question. We have been looking
at other grants, but right now what we are doing is trying to pursue with
Representative Cindy Evans at the State level to look at permanent funding for
this program. So, we have our fingers crossed with that and we are working on
that.
MS. O’HARA: Great to hear that. That might be the better avenue given the
environment—the Federal level right now. Thank you.
HONORABLE JUDGE FUJINO: That’s exactly correct.
ACTING CHR. EOFF: Thank you, Ms. O’Hara. Ms. Poindexter.
MS. POINDEXTER: I would like to say thank you, to all the judges, your staff,
and whoever is involved with making sure that this is a successful program. Most
importantly, to the veterans who are in this program. The courage to come
forward, and to participate in the program, and commit themselves they have
given so much to us already we’re able to enjoy the freedoms we have today
because of them. So, I’m forever grateful to that. And most importantly, their
commitment to this program so that their families and friends can heal along with
them, and that’s a big step. So, a big mahalo to their families, also, for being
there and supporting them and their friends and whoever is there for their support
base, but to the veterans, mahalo.
ACTING CHR. EOFF: Thank you, Ms. Poindexter. Council Member Ruggles.
MS. RUGGLES: Thank you and thank you for the presentation. I think that
Judge Ibarra really summed up the impact that each individual has on every one
of their lives. So, with each one that is successful, it improves the quality of life
for everyone. I have a couple of questions, what is a good clarifying—how many
veterans did you say was on the Big Island?
HONORABLE JUDGE FUJINO: 15,654.
Page 8
Hawaiʻi County Council-28 December 20, 2017
MS. RUGGLES: Okay, thank you. And you mentioned there is an option for
those who have, sort of back build up of traffic violations to have a restricted
license?
HONORABLE JUDGE FUJINO: Yes.
MS. RUGGLES: Could you comment more on that?
HONORABLE JUDGE FUJINO: Those people who have a substance abuse
addiction problem, what do they do? They start losing everything; losing their
jobs, they operate vehicles that may not be legal, they don’t have a license, they
get these tickets, and they’re not going to go to court. They don’t care. The drug
is their priority. So, they are out doing their drugs these tickets and fines are
building up, default judgments against them, and with traffic court it goes through
a collection agency. So, the court doesn’t monitor the collecting of those types of
monies. The collecting agency now they have these outstanding— it’s not
unusual to have 2 or 3,000 or 15,000 that you owe because the interest is like a
credit card and it keeps piling up as time goes by. Now, they’re clean and sober,
but they have to pay off their fines before they can get their driver’s license or try
to take the permit. So, it’s a kind of a catch 22. So, the court is like, no we’re not
going to give you a clearance you owe all this money. Well, they can apply with
the court if they have a job, to get a restrictive license just to go to and from work.
And they have to show how much they’re going to pay per month, it’s up to the
District Court Judge if they’re going to grant this restricted license. So, in a way
it helps them to work, be productive, and still be accountable by making payments
per month towards the collection of the fines and fees. And we have seen people
in drug court who have, believe it or not, worked so hard and they get their
driver’s license. And if they’re out there, they probably would care less.
MS. RUGGLES: So, do they have to have a job in order to apply?
HONORABLE JUDGE FUJINO: You have to show that you’re going to make
some payment toward the fines and fees. Also, sometimes their attorneys will
help them having the case reopened. Such as like example, no fault insurance.
We have this good faith defense, sort of, so, it’s not really a car. The first time
they may say, oh, I didn’t know the owner of the car wasn’t insured, but because
they don’t even show up in court they don’t even raise this issue or don’t even
apply to the public defenders to get these types of assistance so, then, the default
gets entered against them and minimum fine for first offense and that cases are
like $500 and your license gets suspended. So, just by not paying attention or not
responding, the District Court never gets to hear their side of the story to see if in
fact—or have an attorney to assist them in getting those cases dismissed or not so
it keeps accumulating. So, yes, they have to have a job.
Page 9
Hawaiʻi County Council-28 December 20, 2017
MS. RUGGLES: Thank you for that. I know that for my district, that’s been a
big problem for people to be able to get to and from court is—say, they don’t
have a safety inspection or they can’t get the horn to work. And then, suddenly,
now they can’t get their car registered, and then they can’t get insurance, and then
they get default judgement. And it’s just this endless cycle and it all comes down
to just that driver’s license. So, it is a really important option for them. Thank
you. I was curious on the eligibility criteria that you presented. They have to be a
nonviolent offender. Could you elaborate why that is?
HONORABLE JUDGE FUJINO: What was that? Can you repeat that?
MS. RUGGLES: In order for them to be eligible for the drug treatment program.
HONORABLE JUDGE FUJINO: That they cannot be a violent offender. Okay,
under the federal funding that we had; that’s one of the requirements, that they
cannot be a violent offender. Now, each State Drug Court, if they were to provide
funds on their own may not necessarily have that definition of violent offender.
So, as an example when we talked about the components and the court being able
to change and the team being able to change or look at these things, what we did
find out even more once the program started was domestic violence is common
among veterans. And not saying put anything light on domestic violence it’s an
important issue it’s important, but if you see these types of crimes occurring more
often among veterans than other types of population are we being amiss by saying
because it’s a crime of violence you are not going to provide treatment to this
population? So, we have been flexible—can’t use the federal grant to allow
someone with a violent offense such as domestic violence. So, we’d have to keep
the funds separate in that respect. So, we have it as not a violent offender, but,
again, the team will have these criteria and then we discuss, can we try this and
modify our eligibility? So, that’s how the process works with these types of
programs.
MS. RUGGLES: And is that also why they can’t have been caught with a
dangerous weapon? Is that a federal requirement?
HONORABLE JUDGE FUJINO: Yes.
MS. RUGGLES: Okay, well, that’s all my questions. Thank you.
HONORABLE JUDGE FUJINO: Okay, thank you.
ACTING CHR. EOFF: Thank you, Council Member Ruggles. Are there any
other comments, Council Members? Mr. Kanuha.
MR. KANUHA: Nothing substantial, but just wanted to mahalo you guys for all
your hard work. And, again, mahalo to, you know, hearing the stories from Uncle
Eddie coming up here, it keeps it real of what these individuals have to go
Page 10
Hawaiʻi County Council-28 December 20, 2017
through. So, mahalo for that. Really, awe can do as a Council to help support the
funding from the State, we can help with resolutions or we can go up and lobby
on behalf of us. So, that’s what we can do. Hopefully, you guys can continue this
program into perpetuity. Hopefully that money is there in perpetuity. So, for
myself, I’m not going to speak on the rest of the Council but we can—the least we
can do is go up and advocate on behalf of that program. So, just want to mahalo
you guys for being here and presenting a lot of great information of how this
program works and the successes, really of it. So, again, mahalo for being here.
ACTING CHR. EOFF: Thank you, Mr. Kanuha. If there are no further
comments I’m going to close down this communication by thanking you so very
much for taking time out of your day and, also, to Judge Ibarra for being here
today. I just wanted to note we haven’t heard—I don’t think, unless I missed it
anyone speak of Judge Kubo.
HONORABLE JUDGE FUJINO: Judge Ed Kubo from the First Circuit?
ACTING CHR. EOFF: Yes, right. I remember coming to a presentation in your
court back in, I think, it was 2013 or 14, before we started the Veterans Treatment
Court program here. And he was explaining what it was and I think kind of
hoping that we would start up a program here on this island. I remember that was
a very passionate—
HONORABLE JUDGE FUJINO: The first Veterans Treatment Court in the State
of Hawaii was in the First Circuit with Judge Ed Kubo. And guess who got the
second Veterans Treatment Court in the State of Hawai‘i? Hawaii County Third
Circuit—our Chief Judge Ibarra. So, that’s how we got so quickly to get the
Veterans Treatment Court started.
ACTING CHR. EOFF: Yeah, he gave a very moving presentation and I just want
to thank you, for Judge Ibarra, and to you now for following through and anything
we can do to help. I’m glad we can put some our contingency money towards the
program.
HONORABLE JUDGE FUJINO: Thank you very much. Happy holidays all of
you, and thank you for giving us the opportunity to present.
Page 11
Hawaiʻi County Council-28 December 20, 2017
ACTING CHR. EOFF: Thank you and you too. Okay, Council Members, All in
favor, of filing Communication 621, please say “aye.”
Vote on Comm. 621: The motion to close file on Comm. 621 was carried by the
(Filed) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, and
Acting Chair Eoff – 8.
Noes: None.
Absent: Council Member Ruggles – 1.
Excused: None.
ACTING CHR. EOFF: Okay, so I just wanted to let everybody know that we have
quite a few people waiting in Hilo, and here, and, I think, Waimea, too, and I can’t
take everything out of order. So, I’m going to go as fast as I can through the first
few items and then we’ll try and get—we’ll do the nominations first and then I’ll
try and take the resos that were requested and the bills that were requested out of
order right after that. So, Mr. Clerk, can you read Communication 642?
Comm. 642: REAPPOINTMENT OF CHARLES YOUNG TO THE KONA
COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE
From Mayor Harry Kim, dated December 1, 2017, submitting for the Council’s
review and confirmation the above nomination.
Waived: PC
Requires Council
Confirmation by: January 14, 2018 (Section 13-4(l),
Hawaiʻi County Charter)
Motion to Approve: Mr. Richards moved to approve Comm. 642. Seconded by
Ms. O’Hara.
(Council Members spoke in favor of the appointment.)
Vote on Comm. 642: The motion to approve Comm. 642 was carried by the
(Confirmed) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
Page 12
Hawaiʻi County Council-28 December 20, 2017
Comm. 643: NOMINATION OF ARNE WERCHICK TO THE BOARD OF APPEALS
From Mayor Harry Kim, dated November 30, 2017, submitting for the
Council’s review and confirmation the above nomination.
Waived: PC
Requires Council
Confirmation by: January 14, 2018 (Section 13-4(l),
Hawaiʻi County Charter)
Motion to Approve: Mr. Kanuha moved to approve Comm. 643. Seconded by
Ms. David.
(Council Members spoke in favor of the appointment.)
Vote on Comm. 643: The motion to approve Comm. 643 was carried by the
(Confirmed) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
Comm. 644: NOMINATION OF MICHAEL HUGHES TO THE LIQUOR COMMISSION
From Mayor Harry Kim, dated November 30, 2017, submitting for the
Council’s review and confirmation the above nomination.
Waived: PSMTC
Requires Council
Confirmation by: January 14, 2018 (Section 13-4(l),
Hawaiʻi County Charter)
Motion to Approve: Ms. O’Hara moved to approve Comm. 644. Seconded by
Ms. David.
(Council Members spoke in favor of the appointment.)
Page 13
Hawaiʻi County Council-28 December 20, 2017
Vote on Comm. 644: The motion to approve Comm. 644 was carried by the
(Confirmed) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: So, now, Council Members, there are several requests for
out of order. And I did tell the Clerk I will take Resolution 439, but I’m being
asked now to take Resolution 442 first. So, with no objections, Mr. Clerk can you
read Resolution 442.
Change Order As directed by the Chair and with no objection from the Council Members,
of Business: the following items were taken out of order:
Res. 442-17: CHANGES THE FULL TIME EQUIVALENT (FTE) STATUS OF A
CUSTODIAN/GROUNDSKEEPER I POSITION FROM A QUARTER-TIME
POSITION TO BECOME A HALF-TIME POSITION
Requests a change in the time element of this position within the Police
Department to provide better recruitment and retention potential, and reflect
current staffing utilization and needs.
Reference: Comm. 641
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to adopt Res. 442-17. Seconded by
Ms. Poindexter.
ACTING CHR. EOFF: I know there’s somebody—Captain Burian in Waimea. If
he has any comments he can come forward at this time otherwise, Council
Members, do you any questions? Mr. Richards.
MR. RICHARDS: Yeah, thank you, Chair. Yeah, if the Captain can come
forward, and if we could get the testimony on the screen. If we could just get the
synopsis of what the expectations of this is?
(Note: At this time, Police Captain Andrew Burian came forward to
address the members of the Council.)
MR. BURIAN: Sure. Hello, my name is Captain Andrew Burian. I am the
Commander of the Hāmākua and North Hilo districts, so, two districts. What’s
Page 14
Hawaiʻi County Council-28 December 20, 2017
happening right now is we have two quarter-time custodian positions, one in North
Hilo and one in Hāmākua. What we’d like to do in interest of longer retention of
these positions so that the custodian who fills these positions is to combine the
two. Previously, we had two separate people taking care of two separate quarter-
time positions. So what we’re doing, in essence, is combining this into one half-
time position and that individual will take care of both the Hāmākua and North
Hilo station or Laupāhoehoe station.
MR. RICHARDS: So, this sounds like a net zero dollar, it’s just combining into
one employee. That makes all the sense in the world.
MR. BURIAN: Essentially, yes, that is.
MR. RICHARDS: That’s it? Okay. Alright, thanks, I yield.
ACTING CHR. EOFF: Thank you, anything else Council Members? Seeing no
further questions, All in favor, of adopting Resolution 442, please say “aye.”
Vote on Res. 442-17: The motion to adopt Res. 442-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, and
Acting Chair Eoff – 8.
Noes: None.
Absent: Council Member Ruggles – 1.
Excused: None.
Motion to Suspend Ms. David moved to suspend Council Rule 15 to waive the
Council Rules: 5-day hold for reconsideration. Seconded by Mr. Richards.
ACTING CHR. EOFF: All in favor,, please say “aye.”
Vote on Motion to The motion to suspend Council Rule 15 to waive the
Suspend Council 5-day hold for reconsideration was carried by the
Rules: following voice vote:
(Approved)
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, and
Acting Chair Eoff – 8.
Noes: None.
Absent: Council Member Ruggles – 1.
Excused: None.
Page 15
Hawaiʻi County Council-28 December 20, 2017
ACTING CHR. EOFF: Now, with no further comments on that, I’ll go to
Resolution 439.
Res. 439-17: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE STATE DEPARTMENT OF THE ATTORNEY
GENERAL CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION,
PURSUANT TO HAWAI‘I REVISED STATUTES SECTION 46-7, FOR A
GRANT TO THE HAWAI‘I COUNTY POLICE DEPARTMENT
Funds in the amount of $53,205 would be used for the Police Department’s
Sexual Assault Exam and DNA Analysis program.
Reference: Comm. 637
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to adopt Res. 439-17. Seconded by
Mr. Richards.
ACTING CHR. EOFF: Ms. David
MS. DAVID: Thank you very much. For the record, I made the motion and I
believe we have Lieutenant Amon-Wilkins here. And Mr. Wilkins is here to give
us a brief summary of Resolution 439, mahalo. Lieutenant, please identify
yourself for the record, go ahead.
(Note: At this time, Police Lieutenant Rio Amon-Wilkins came forward to
address the members of the Council.)
LT. AMON-WILKINS: I don’t really have much prepared for this, as far as a
statement—was just prepared recently to test sexual assault kits that we have in our
evidence. The grant calls for the testing of 12 kits over the next eighth-month
period. I have the numbers of how many kits we have in our evidence, if you want
that? We currently have—we’ve actually sent out all of our kits that were
th
recovered by the department through our June 30 of 2017. Since then, we have
recovered ten in Area 2, which is Kona, Ka‘ū, Waimea or South Kohala, and North
Kohala. And we have recovered nine in Area 1, which is Hilo, Puna, North Hilo,
Laupāhoehoe, and Honoka‘a or Hāmākua. Currently, only six of those actually
need to be sent out, the other ones for various reasons or some have already been
sent out and some of them a waiver of prosecution was signed, or one was a case
from Honolulu, which was sent to them, and several non-reporting cases where the
kids won’t be tested.
MS. DAVID: Thank you very much, Lieutenant. Before I yield, I just wanted to
make a note that the department also requested that this matter be waived because
they needed to expedite the funds from the State. So, thank you, I yield.
Page 16
Hawaiʻi County Council-28 December 20, 2017
ACTING CHR. EOFF: Okay, Mr. Richards.
MR. RICHARDS: It’s my understanding this is to actually do the DNA testing,
it’s not to actually collect more samples, is that what I’m hearing?
LT. AMON-WILKINS: Correct. We have the samples already—evidence already
collected. This is to have—send them off to be there a lab in Honolulu or
California to be analyzed.
MR. RICHARDS: Okay, thank you, I yield.
ACTING CHR. EOFF: Okay, any other comments, Council Members?
Mr. Kanuha.
MR. KANUHA: Thank you, aloha, Lieutenant. How long do these kits usually sit
before they’re getting tested.
LT. AMON-WILKINS: Previously, many of them were sitting for a long time but
now that we’re all caught up, we’re sending them much more frequently. Some of
it depends on—we were sending some to the Honolulu Police Department to be
analyzed, but they are getting backlogged. They’re actually only taking ones if it’s
a serial suspect who’s been accused of more than one or if there’s a court date. So,
other than that, we’re sending them to Forensic Analytical in California. We’re
trying to get them all sent out; we don’t have any in our evidence.
ACTING CHR. EOFF: Thank you, Mr. Kanuha. Any other comments, Council
Members? Seeing none, oh, sorry, Ms. O’Hara.
ACTING O’HARA: I do, just for clarification. When you say kits, it’s not a
physical kit, right?
LT. AMON-WILKINS: It’s physical evidence, yes.
ACTING O’HARA: I mean you got the physical evidence, but you’re sending it
off for lab analysis? And so, this grant is to cover the lab analysis.
LT. AMON-WILKINS: Yes, it’s to cover the fees that the laboratory charges.
ACTING O’HARA: Right. Okay, it’s kind of confusing because there was this
reference to kits and I don’t think it’s an actual kit, it doesn’t sit on a shelf like a
kit; the evidence is preserved.
LT. AMON-WILKINS: They’re referred to it as a sexual assault kit, so.
Page 17
Hawaiʻi County Council-28 December 20, 2017
ACTING O’HARA: Okay, that’s what was confusing me, so, thank you for the
clarification.
ACTING CHR. EOFF: Thank you, Ms. O’Hara. Ms. Lee Loy.
MS. LEE LOY: Thank you, Chair. Lieutenant, thank you for being here. I notice
on the grant summary, there’s a County match required, matching amount of
$17,735, a portion of which is Kona CID Captains and JAS Lieutenant salary. Is
that just going to be transferred or is that positions going to be filled?
LT. AMON-WILKINS: That is actually—I believe it is transferred from the
current JAS Lieutenant, which I am in now, as well as the Captain.
MS. LEE LOY: Alright, thank you, I yield.
ACTING CHR. EOFF: Thank you. Seeing no other questions or comments, All
in favor, of adopting Resolution 439, please say “aye.”
Vote on Res. 439-17: The motion to adopt Res. 439-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Lieutenant, did you have any other item you were waiting
here for?
LT. AMON-WILKINS: No, ma’am.
ACTING CHR. EOFF: That was it? Okay, well, thank you for your patience. I’m
going to take Bill 85 next. I know Lieutenant Mahuna has also been waiting for
this one.
Page 18
Hawaiʻi County Council-28 December 20, 2017
Bill 85: AMENDS ORDINANCE NO. 17-39, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2018
Appropriates revenues in the State Grants – Statewide Multi-Jurisdictional Drug
Task Force account ($45,334); and appropriates the same to the Statewide Multi-
Jurisdictional Drug Task Force account. Funds would be used by the Police
Department to train personnel and administer operations through a multi-agency
collaborative effort to reduce drug threats and drug-related crimes.
Reference: Comm. 638
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to pass Bill 85 on first reading.
Seconded by Ms. O’Hara.
ACTING CHR. EOFF: Any discussion? Seeing Lieutenant Mahuna in Hilo,
would you like to comment, sir?
(Note: At this time, Police Lieutenant Reed Mahuna came forward to
address the members of the Council.)
LT. MAHUNA: This grant is basically a grant that provides for training for Police
Officers assigned to a task force, which is on both areas of our vice section. Both
area one and area two. It provides for specific trainings as well as other funds to
pay for overtime and other services. This particular—the objective here is to work
together collaborating with other agencies throughout the State to address our drug
problems, both abuse and distribution.
ACTING CHR. EOFF: Thank you, questions Council Members? Seeing none,
All in favor, of approving Bill 85, at first reading, please say “aye.”
Vote on Bill 85: The motion to pass Bill 85 on first reading was carried
(Approved) by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries, on to Bill 78. Mr. Clerk—
MS. LEE LOY: —Chair?
Page 19
Hawaiʻi County Council-28 December 20, 2017
ACTING CHR. EOFF: Yes.
Point of Order: MS. LEE LOY: Just a Point of Order. I also see a tandem resolution for that same
bill; Resolution 440-17. Do we need to take them up together? And the same
would be reflective for Resolution 439-17, the tandem bill was Bill 84.
ACTING CHR. EOFF: I don’t think it’s imperative that we take them together.
And Lieutenant doesn’t have to wait, but thank you, I’m going to get to those
really soon. But, I know Bill 78 is next on my list of things to take out of order.
So, Mr. Clerk, can you read Bill 78?
ORDER OF The Acting Chair directed the Council to proceed to the next order of business,
THE DAY Order of the Day (Second or Final Reading).
(SECOND OR
FINAL READING):
Bill 78: AMENDS SECTION 25-8-11 (LĀLĀMILO-PU‘UKAPU ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI‘I COUNTY CODE
1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT
CLASSIFICATION FROM AGRICULTURAL – ONE ACRE (A-1a) TO
SINGLE-FAMILY RESIDENTIAL – 20,000 SQUARE FEET (RS-20) AT
WAIMEA HOMESTEADS, SOUTH KOHALA, HAWAI‘I, COVERED BY
TAX MAP KEY: 6-5-004:049
(Applicant: Kathleen L. Brilhante) (Area: 1.166 acre)
The Leeward Planning Commission forwards its favorable recommendation
for this change of zone, which would allow the applicant to subdivide the
property into two lots. The applicant will continue to live in her current
residence and the new lot will be conveyed to a family member to build a
residence.
Reference: Comm. 560
Intr. by: Ms. Eoff (B/R)
First Reading: December 5, 2017
Motion to Approve: Mr. Richards moved to pass Bill 78 on second and final
reading. Seconded by Ms. Poindexter.
ACTING CHR. EOFF: Mr. Kern in in Hilo. Mr. Richards.
MR. RICHARDS: Yeah, we’ve discussed this in Committee and Council
previously. Again, I ask for your support, this makes all the sense in the world.
Page 20
Hawaiʻi County Council-28 December 20, 2017
ACTING CHR. EOFF: Thank you, anybody else? Okay, seeing no further
questions or comments, All in favor, of approving Bill 78 at second reading, please
say “aye.”
Vote on Bill 78: The motion to pass Bill 78 on second and final
(Adopted) reading was carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Thank you, Mr. Kern, for your patience.
MR. KERN: Thank you all very much, and I hope you all have a wonderful
holiday. Thank you.
ACTING CHR. EOFF: Thank you. Okay, I’m going to go back up there where a
couple other requests for resolutions to be taken out of order that I haven’t gotten
to yet. Can we go to Resolution 423, Mr. Clerk? Sorry for jumping all around.
Res. 423-17: COMMITS TO FUNDING THE COST ITEMS AWARDED BY
ARBITRATION TO STATE OF HAWAI‘I ORGANIZATION OF POLICE
OFFICERS BARGAINING UNIT 12 AND EMPLOYEES EXCLUDED
FROM BARGAINING UNIT 12 FOR THE CONTRACT PERIOD
JULY 1, 2017, THROUGH JUNE 30, 2021
Cost items estimated at $19,895,686 are across-the-board increases, step
movements, one-time lump sum bonuses, and an increase to the firearm
maintenance allowance.
Reference: Comm. 620
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to adopt Res. 423-17. Seconded by
Mr. Kanuha.
ACTING CHR. EOFF: Any comments or questions?
MS. DAVID: Yes, I believe we gave Deputy Director of HR (Human Resources),
Mr. Brilhante, in Hilo if anyone has questions. We were just requested that this be
waived out of Committees because the cost items are retro actively effective from
Page 21
Hawaiʻi County Council-28 December 20, 2017
July 1, 2017. So, if anyone has questions, I think, Mr. Brilhante can answer it. I
yield.
ACTING CHR. EOFF: Thank you. Mr. Brilhante, did you need to add anything?
Are there any questions or comments, Council Members? Ms. Lee Loy.
MS. LEE LOY: Thank you, Chair. We also have SHOPO (State of Hawai‘i
Organization of Police Officers) Chapter President, Lieutenant Darren Horio here
representing Shopo Union, if you folks have any questions..
ACTING CHR. EOFF: Okay, thank you. We don’t have any questions over here,
but if you or Mr. Chung have anything, go ahead. Seeing none, All in favor, of
Resolution 423, please say “aye.”
Vote on Res. 423-17: The motion to adopt Res. 423-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Resolution 423 is adopted. One more out of order was
Resolution 430.
Res. 430-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO D.A.R.E.
HAWAI‘I FOR ITS 2018 D.A.R.E. DAY EVENT IN WEST HAWAI‘I
Transfers $2,000 from the Clerk-Council Services – Contingency Relief
account (Council District 6); and credits to the Liquor Control, Public Programs
account.
Reference: Comm. 628
Intr. by: Ms. David
Motion to Approve: Ms. David moved to adopt Res. 430-17. Seconded by
Ms. Poindexter.
ACTING CHR. EOFF: Any comments?
MS. DAVID: No, I just wanted to thank, Mr. Onishi and Ms. Kalili, for being here
today and testifying. And I support this, mahalo.
Page 22
Hawaiʻi County Council-28 December 20, 2017
ACTING CHR. EOFF: All in favor, of adopting Resolution 430, say “aye.”
Vote on Res. 430-17: The motion to adopt Res. 430-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: I’m not sure if people are still waiting on our research for
the rat lung worm disease, but just in case, I was asked to go ahead and take those.
There’s six resos all with the same purpose. So, I’m going to go ahead and do
Resolution 419.
Res. 419-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MALAMA
O PUNA TO ASSIST WITH EXPENSES FOR RESEARCH ON RAT
LUNGWORM DISEASE
Transfers $2,750 from the Clerk-Council Services – Contingency Relief
account (Council District 8); and credits to the Research and Development,
Agriculture Other Current Expenses account.
Reference: Comm. 616
Intr. by: Ms. Eoff
Motion to Approve: Ms. O’Hara moved to adopt Res. 419-17. Seconded by
Ms. Poindexter.
ACTING CHR. EOFF: I think we all understand the importance of this. I’ll go
ahead and just take a vote on this one, and if anyone wants to speak on their resos
when I get to it you’re welcome to. All in favor, please say “aye.”
Vote on Res. 419-17: The motion to adopt Res. 419-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
Page 23
Hawaiʻi County Council-28 December 20, 2017
ACTING CHR. EOFF: Resolution 419 is adopted. Resolution 420.
Res. 420-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MĀLAMA
O PUNA TO ASSIST WITH EXPENSES RELATED TO A RESEARCH
PROJECT ON RAT LUNGWORM DISEASE
Transfers $2,750 from the Clerk-Council Services – Contingency Relief
account (Council District 3); and credits to the Research and Development,
Agriculture Other Current Expenses account.
Reference: Comm. 617
Intr. by: Ms. Lee Loy
Motion to Approve: Ms. Lee Loy moved to adopt Res. 420-17. Seconded by
Mr. Richards.
ACTING CHR. EOFF: Ms. Lee Loy, would you like to comment.
MS. LEE LOY: No, I just really appreciate all of us working collectively here to
really get a nice sum of money to Dr. Jarvi, and hoping to, you know, really find
some solutions for this issue. Thank you.
ACTING CHR. EOFF: Thank you. Mr. Richards.
MR. RICHARDS: Thank you, Chair. Yeah, I was going to comment on this. I’m
very proud to sit on the Council. This is a State problem, but Big Island; we’re
going to take the lead and go after it. It’s very important that we validate some of
this testing going forward. This is a human health concern, it’s an animal health
concern, it’s also a farmer’s concern, because our farmers are being impacted by
this and we got to solve the questions. So, again, thank you, Council. I’m very
proud to serve with you guys as we support this, and obviously, I’ll be supporting
this.
ACTING CHR. EOFF: Thank you, Mr. Kanuha.
MR. KANUHA: Thank you. Obviously, we’re going to support this. I know our
State representatives and senators fought really hard to get funding to this program,
but that didn’t work. Politics was heavy involved in that which was sad, but
definitely glad to support this. I just had a question about, you know, the totality
of all these monies; is that the limit? Because a member of the public called my
office asking why I wasn’t supporting this effort. I was like, what do you mean,
and seeing that there were, you know, six members on here that were all giving
monies towards this project. I mean, this is something that I’m hugely supportive
of. So, I never got a call about also supporting this. So, I’m wondering if the limit
Page 24
Hawaiʻi County Council-28 December 20, 2017
has reached on how much money was needed or what that whole process was
going through this, because I would have loved to get a call and have supported
this as well? But, just kind of seeing where the process is and get all the money
and if there was a limit to that money or if anybody knows that?
ACTING CHR. EOFF: I think, Ms. O’Hara might know that.
MS. O’HARA: Yes, I can because they requested me first and I communicated
often with Dr. Jarvi on this. Because of Sunshine Law, this was a challenging
thing to pull off. And, that’s probably why you never got the request from another
Council person, although I encourage Dr. Jarvi to send a direct email to every
Council person. You are always able to give money to rat lung worm research. It
is a little challenging as Rene Siracusa pointed out. In this particular instance, a
project where Dr. Jarvi is working with APHIS (USDA’s Animal and Plant Health
Inspection Service), and their lab, and their lab technicians to do the SA test she
described, which is a confirmation test regarding whether or not a particular
substance is effective at truly killing this organism. So, that is an important step in
doing some of the other research projects, in terms of what level filtration is
needed in catchment systems, what you can add to your wash water to make sure
that your leafy greens are clean and won’t contaminate you. So, that was part of
the challenge, and that particular project had a dollar amount to it. But, there are
all kinds of research tracks that Dr. Jarvi and the school are pursuing where they
need funding. So, I encourage you to go ahead and do a direct contact. I’m sure
she would be happy to receive any money that you can, just understand that we
cannot directly give contingency funds to the university. So, you have to find a
way around that. In our case, we partnered with Malama O Puna, which is an
environmental non-profit. It certainly helped that organization is sited right next to
my office, because I believe Rene Siracusa had to develop 21 different versions of
the application before we finally got this all accepted. It was a little challenging,
but now that the trail has been cut you should be able to find a way. Okay? I hope
that helps.
ACTING CHR. EOFF: Thank you, Council Member O’Hara, for that explanation,
are there any other questions on this resolution? Seeing none, All in favor, of
adopting Resolution 420, please say “aye.”
Vote on Res. 420-17: The motion to adopt Res. 420-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
Page 25
Hawaiʻi County Council-28 December 20, 2017
ACTING CHR. EOFF: Resolution 420 is adopted. Resolution 421.
Res. 421-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MALAMA
O PUNA TO ASSIST WITH RAT LUNGWORM RESEARCH
Transfers $2,750 from the Clerk-Council Services – Contingency Relief
account (Council District 5); and credits to the Research and Development,
Agriculture Other Current Expenses account.
Reference: Comm. 618
Intr. by: Ms. Ruggles
Motion to Approve: Ms. Ruggles moved to adopt Res. 421-17. Seconded by
Ms. David.
ACTING CHR. EOFF: Ms. Ruggles.
MS. RUGGLES: Yeah, I just want to clarify for the public that what this study is,
is to complete a bio essay of rats in their facility at UH, that would validate a
procedure that would determine whether or not third stage larvae are dead or alive.
So, what they’re going to be doing is working with propidium iodide stain, the
dead larvae take up the stain while the live ones don’t. So, this will validate the
procedure that will be able—once they complete this study, we will be able to test
water catchment systems, anti-parasitic drugs, and vegetable washes. So, this is
just the first step. I just wanted to thank Council Member O’Hara for organizing
this, and also Council Member David, Council Member Eoff, Council Member
Richards, and Council Member Lee Loy for all supporting this, and making up for
what the Department of Health is lacking. Thank you.
ACTING CHR. EOFF: Thank you, okay, All in favor, of approving Resolution
421, please say “aye.”
Vote on Res. 421-17: The motion to adopt Res. 421-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Resolution 422.
Page 26
Hawaiʻi County Council-28 December 20, 2017
Res. 422-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MALAMA
O PUNA TO ASSIST WITH RAT LUNGWORM RESEARCH
Transfers $2,750 from the Clerk-Council Services – Contingency Relief
account (Council District 4); and credits to the Research and Development,
Agriculture Other Current Expenses account.
Reference: Comm. 619
Intr. by: Ms. O’Hara
Motion to Approve: Ms. O’Hara moved to adopt Res. 422-17. Seconded by
Mr. Richards.
ACTING CHR. EOFF: Ms. O’Hara.
MS. O’HARA: I just want to, again, thank my fellow Council Members for
coming together on this like I said in my response to Mr. Kanuha. It is a bit
challenging for us to pull something like this together because of the Sunshine
Law. And there were other challenges such as the fact that we can’t directly give
contingency funding to whereas the County can give money directly to the
university but that is a prohibition with our contingency fund. So, there were
plenty of hoops to jump through. I did want to say that—I want everyone to know
this, if they’re not in touch with the Hilo Medical Center public relations
individual, Elena Cabatu, if you have not gotten her email recently about the rat
lung survivor support group, I would like to send that to you. It’s an email with a
flyer attached. I bring this up because while we’re trying to direct money for
research so that we can find out better ways to prevent this disease from the
devastating impacts it’s having not only on human health but on animal and
livestock health as well, we don’t really know beyond horses and dogs what other
animals can get this disease. We, for instance, have no knowledge of whether pigs
are susceptible. Right now, we have a burgeoning piggery industry on the Big
Island. Ten years ago we had virtually no piggeries, now we have 80 plus. So, we
want to find out as much information as we can about this disease because of
devastating impacts not only on human health but on livestock and agriculture. In
last month’s Hawaii Business news, the director Scott Enright is quoted as saying
it’s likely we will lose one-third of our small agriculturists across the states in the
next few years, as a result of this disease, if we cannot get a handle on
understanding how it is contracted and spread and whatnot.
But, getting back to the effort by Hilo Medical Center which they’re cooperating
with Puna Community Medical Center and with the School of Pharmacy, Dr. Jarvi,
in rolling out this rat lungworm survivor support group. While we’re starting to
learn a little bit about how to deal with the acute stage of this disease at the
medical level, we know next to nothing about how to advise people in the recovery
Page 27
Hawaiʻi County Council-28 December 20, 2017
stage. And for those who have not been acquainted to somebody who has
contracted this disease, the results can be varied, it can be a minor reaction or fatal.
So, it’s the full gam met in between. I was shocked when I attended the first rat
lung survivor support group last month to learn that one acquired it by weed
wacking; didn’t have face protection, one person acquired it in their eyeball;
during surgery the Opthamologist found the worms in the eyeball, he is now blind
in that eye. There are all kinds of ways people can contract this disease and all
kinds of repercussions. And developing this support group will allow us to share
experiences about what works in recovery, what doesn’t work in recovery, such
that the medical profession can start developing some protocols that they can
provide to patients. Also, I must note that the only definitive test at this point in
time since we have yet to get the funding for the blood tests that Dr. Jarvi is
working on which will simplify the identification of the disease. Right now the
only way you can identify it for sure is through a spinal tap. Not everyone is able
to do that. We even have medical insurers denying the testing, there’s a lot of
education here that needs to be done folks. We have rat lungworm survivors who
are permanently disabled, who are fighting to get their disabled funding, and there
is a lot of work that needs to be done. So, I really encourage you to get the word
out about this support group. They’ll be meeting the second Tuesday of every
month for January and February in Kea‘au, at the Puna Neighborhood Place,
which is the he old girl scouts place. And that’s a good location to capture all of
East Hawai‘i. Hopefully this can start in West Hawai‘i as well. But, do get the
word out. You do not have to have had a spinal tap, if you feel you are a victim of
rat lungworm disease and you have some of the symptoms that are shared online,
then please consider coming to this event as well as any care givers of rat
lungworm survivors so that we can start developing body of knowledge on how to
deal with the recovery stage of this very devastating disease. Thank you.
ACTING CHR. EOFF: Thank you, seeing no further comments on this resolution,
All in favor, please say “aye.”
Vote on Res. 422-17: The motion to adopt Res. 422-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
Point of Order: MS. O’HARA: Point of Order here, I think I’d like to request a waiver of the
5-day holdover for all of these resolutions, because it’s time sensitive.
Page 28
Hawaiʻi County Council-28 December 20, 2017
ACTING CHR. EOFF: We still have two more to adopt. I’m not sure.
Mr. Clerk, can we do a blanket?
MR. HENRICKS: Your call. Just to—unless there’s like a—well, anyway, it
doesn’t cut that much time off maybe a day or two, but just to let you guys know.
And even those that are requesting from agencies we—pull them back too. But, if
you want to put it all into one, I don’t see a problem with that as long as nobody
objects from the Council.
ACTING CHR. EOFF: Let me take the last two and then we can discuss if we
need to or not. Mr. Clerk, would you read Resolution 435.
Res. 435-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MALAMA
O PUNA TO SUPPORT RESEARCH EFFORTS TO COMBAT RAT
LUNGWORM DISEASE
Transfers $2,750 from the Clerk-Council Services – Contingency Relief
account (Council District 9); and credits to the Research and Development,
Agriculture Other Current Expenses account.
Reference: Comm. 633
Intr. by: Mr. Richards
Motion to Approve: Mr. Richards moved to adopt Res. 435-17. Seconded by
Ms. O’Hara.
ACTING CHR. EOFF: Any discussion? Seeing none, All in favor, please say
“aye.”
Vote on Res. 435-17: The motion to adopt Res. 435-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Resolution 435 is adopted. Resolution 436.
Page 29
Hawaiʻi County Council-28 December 20, 2017
Res. 436-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE
BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT
COUNCIL TO ASSIST WITH REIMBURSEMENT OF EXPENSES
RELATED TO THE 2017 HAWAI‘I ISLAND VETERANS DAY PARADE
Transfers $1,000 from the Clerk-Council Services – Contingency Relief
account (Council District 8); and credits to the Office of the Prosecuting
Attorney, Other Current Expenses account.
Reference: Comm. 634
Intr. by: Ms. David
Motion to Approve: Ms. David moved to adopt Res. 436-17. Seconded by
Ms. Poindexter.
ACTING CHR. EOFF: Any comments? Seeing none, All in favor, please say
“aye.”
Vote on Res. 436-17: The motion to adopt Res. 436-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Ms. O’Hara, do you think it’s worth doing the—
MS. O’HARA: When this request came in I just wanted to note it was time
sensitive. We need to get the money over before the first of next year so, any days
we can shave off that time especially as it’s the holiday season.
ACTING CHR. EOFF: Okay, then, I’m going to entertain the motion to wave the
5-day hold over period for Resolutions 419, 420, 421, 422, 423, 435 and 436.
Ms. O’Hara, do you want to make that motion?
Motion to Suspend Ms. O’Hara moved to suspend Council Rule 15 to waive the
Council Rules: 5-day hold for reconsideration. Seconded by Ms. David.
ACTING CHR. EOFF: Thank you for clarifying, All in favor, please say “aye.”
Page 30
Hawaiʻi County Council-28 December 20, 2017
Vote on Motion to The motion to suspend Council Rule 15 to waive the
Suspend Council 5-day hold for reconsideration was carried by the
Rules: following voice vote:
(Approved)
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Thank you. Mr. Clerk—
MS. LEE LOY: Chair, we have Research and Development, Dianne Ley, here
waiting for Resolution 441.
ACTING CHR. EOFF: Okay, and I know Ms. Sako is also waiting. Is either one
of them in more of a hurry then the other one?
MS. LEE LOY: Ms. Sako.
Okay, let me take Bill 83. I know I was requested to do that a while ago. That’s
the last item on our agenda, Mr. Clerk.
Bill 83: 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 up to $12.5 million in general obligation bonds,
which would be used for the construction of the Hawai‘i County Prosecuting
Attorney’s Office building at the West Hawai‘i Civic Center.
Reference: Comm. 611
Intr. by: Ms. David (B/R)
First Reading: December 5, 2017
(Note: Comm. 611.1, from Mayor Harry Kim dated December 19, 2017,
transmitting proposed amendments to Bill 83, was circulated.)
Motion to Approve: Ms. David moved to pass Bill 83 on second and final
reading. Seconded by Ms. Poindexter.
Page 31
Hawaiʻi County Council-28 December 20, 2017
ACTING CHR. EOFF: Discussion, Ms. David?
MS. DAVID: Yes, thank you. I would like now to entertain a motion to amend
Bill 83 with the contents of 611.1.
Motion to Amend: Ms. David moved to amend Bill 83 with the contents of
Comm. 611.1. Seconded by Ms. Poindexter.
MS. DAVID: Director Sako is available in Hilo but this I understand this
amendment is being made to increase, I think, the General Obligation Bbond
amount in the amount of two million dollar. That’s being necessitated because I
understand that the bids have been coming in and they need to increase this
amount by two million. If you have any more questions, I think Director Sako can
answer them. I yield.
ACTING CHR. EOFF: Thank you. Ms. Sako.
(Note: At this time, Director of Finance Deanna Sako came forward to
address the members of the Council.)
MS. SAKO: Yes, hello. Deanna Sako, Director of Finance. You know, they did
open bids and even though we thought we had enough extra, it wasn’t enough. So,
we do need to increase it by two million so that we can continue on with the
project. We really do want the building to open at the same time the new
Courthouse does so, we’re trying to facilitate this and we would appreciate your
support.
CHR. POINDEXTER: Okay, thank you. Council Members, do you have
questions on that? Okay, Mr. Kanuha.
MR. KANUHA: Deanna, I understand the need to increase if the bids are coming
back at a certain, you know, over budget but, two million dollars is a lot of money.
MS. SAKO: It is and I think one of the things that they’re also doing is the
electrical work of the whole West Hawai‘i Civic Center to accommodate the back-
up generator so that it will be able to provide services to the whole complex.
MR. KANUHA: And that was in the original bid proposal?
MS. SAKO: It—I think it was, but they put it on as an additive. But, I think it’s
one of the things we could exclude if we wanted to but I think it’s something that
probably needs to be done.
MR. KANUHA: It needs to be done, but we can exclude if we wanted to?
Page 32
Hawaiʻi County Council-28 December 20, 2017
MS. SAKO: It’s one of the—they put it as an additive, we could put it on as a later
date but it’s probably going to cost us more, because we would have to get people
back out on site again. So, we’re trying to, you know, take advantage of grouping
projects together to make it more cost effective.
MR. KANUHA: Got you, that makes a lot of sense, in terms of process with this
because it’s second and final reading. I mean, this is the first time I’ve seen this
amendment, and I don’t know if the public has even really gotten a chance to view
it as well.
MS. SAKO: We are okay, we just opened bids last week. So, we’re okay if this
has to be held over. We understand.
MR. KANUHA: Okay, got you, thank you.
ACTING CHR. EOFF: Thank you, Mr. Kanuha. Mr. Richards.
MS. LEE LOY: Chair?
ACTING CHR. EOFF: Sorry, the camera just moved. Ms. Lee Loy, did you have
a comment?
MS. LEE LOY: Yeah, I do have a few questions for Ms. Sako.
ACTING CHR. EOFF: Okay, then, I’ll go to Mr. Richards after that. Go ahead,
Ms. Lee Loy.
MS. LEE LOY: Thank you. Thank you, Deanna, for being here. Could you give
me a thumbnail sketch of where this two million dollars is coming from, is it labor
costs, you mentioned add-ons?
MS. SAKO: It’s not so much the add-ons, they did bid it on with the base project
as well as a couple of additives that could be removed, it’s just when we do that, it
seems like we just harm ourselves by having to do it later at more costs. So, it’s
just right now the construction industry they’re busy and that’s just the price we’re
paying for trying to get it done. So, I don’t know if it was any one particular thing,
it’s just the cost of many of our bids are coming in higher than expected,
unfortunately.
MS. LEE LOY: Just a follow up. I know when we open up bids there’s like an
appeal process. What’s that window look like for us? I heard you say earlier its
okay if we hold off for one more meeting, but I just don’t want to run into any
procurement challenges.
Page 33
Hawaiʻi County Council-28 December 20, 2017
MS. SAKO: I think the appeal process is the same for construction as it is for
others, that they have seven days to appeal. But we have, I believe, 30 days to
award the bid.
MS. LEE LOY: So, it was open last Thursday?
MS. SAKO: About a week ago.
th
MS. LEE LOY: So, somewhere about January 25?
thth
MS. SAKO: In that area, yeah. So, I think your next meeting is January 4 or 5,
I’m not sure, I don’t have the calendar with me but—so, I think that would be
enough time if this does have to be held over.
MS. LEE LOY: Are we getting any indication on a big challenge or procurement
challenge on this?
MS. SAKO: No, I think there’s just some—like with any bid, checking and double
checking to make sure everything complies.
MS. LEE LOY: Um, yes. I am going to yield at this time, thank you.
ACTING CHR. EOFF: Okay, thank you. Mr. Richards.
MR. RICHARDS: Thank you, Chair. This is, again, probably echoing Council
Member Kanuha and Council Member Lee Loy, two million dollars is a 16 percent
increase. As I recall, I think it was on the first reading the question was posed, is
this enough money to get the project done? Deanna, forgive me, forgive us, you’re
the one that has to sit in the chair and answer the questions a far as the financing
side. I’m very apprehensive to increase the funding that much without time to look
at the numbers and have a better understanding indication. So, I appreciate your
efforts here, again, and I am supportive of a hold over to explore a little bit further.
I will yield.
ACTING CHR. EOFF: Thank you, Mr. Richards. I believe we would need to
vote on the amendment and then we will hold it over and put it back on the agenda
next time. Ms. O’Hara.
MS. O’HARA: Thank you, Chair. The question is for Deanna. When we go out
to bid, the estimates that are developed for the bid docks are dungeon rally by a
contracting consulting firm, am I correct there or is this done internally?
MS. SAKO: I’m not positive on this one but, yes, it’s either done usually by the
consultant that helped do the design of the building.
Page 34
Hawaiʻi County Council-28 December 20, 2017
MS. O’HARA: Okay, and my experience in my professional life working with
engineers and not being one myself, I am an economist, is that I have often found
that engineers under estimate costs. I generally, rule of thumb, add 10 to 15
percent to any engineering estimates that I’m given in order to prepare for the
financial impact. So, I’m just wondering if this is kind of a similar situation.
MS. SAKO: Yes it is, and I think I probably thought they had already added in
that 10 to 15 percent and they hadn’t. So, that was partly my fault too, probably a
misunderstanding. But, you know, yeah we’re still supportive of the project and
we want to get it done. But, you know, we do understand this is a significant
change and we’re okay with holding it over.
MS. O’HARA: Thank you.
ACTING CHR. EOFF: Okay, thank you. Any other questions, Council
Members? I can’t see Mr. Chung and Ms. Lee Loy but I don’t hear anything. So,
I’m going to go ahead and take a vote on amending Bill 83 with the contents of
Communication 611.1. All in favor,, please say “aye.”
Vote on Motion to The motion to amend Bill 83 with the contents of
Amend: Comm. 611.1 was carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, David, Eoff, Kanuha,
Lee Loy, O’Hara, Richards, and Chair Poindexter –8.
Noes: None.
Absent: Council Member Ruggles – 1.
Excused: None.
ACTING CHR. EOFF: We’ll go ahead and let this be placed back on the next
agenda for the discussion and the vote.
MS. SAKO: Thank you.
ACTING CHR. EOFF: Yes. Okay, Ms. Lee Loy, was that Resolution 441, the
next one?
MS. LEE LOY: That’s correct.
ACTING CHR. EOFF: Thank you. Mr. Clerk, can you read Resolution 441.
Page 35
Hawaiʻi County Council-28 December 20, 2017
Res. 441-17: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE HAWAI‘I DEPARTMENT OF AGRICULTURE
Funds in the amount of $49,913 would be used for the Department of Research
and Development’s North Kohala Coqui Frog Control project.
Reference: Comm. 639
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to adopt Res. 441-17. Seconded by
Mr. Richards.
ACTING CHR. EOFF: Did Ms. Ley have a comment or does
anyone have questions? I think I see Ms. Ley at the table.
(Note: At this time, Director of Research and Development Diane Ley
came forward to address the members of the Council.)
MS. LEY: Hello, this is Diane Ley, Director for the Department of Research and
Development. If I—because this did not go through Committee and I appreciate it
being waived, I can make just provide a quick summary for the Council Members,
if that’s alright?
ACTING CHR. EOFF: Thank you.
MS. LEY: Okay. The community of North Kohala had approached the
Department of Agriculture some time ago about the need to support the continued
control and eradication of coqui frogs within the North Kohala district. That is one
of the districts and communities that’s really done an exceptional job, I think, of
managing their own invasive species problem with respect to coqui frog at least.
And so, the Department of Agriculture agreed and approached Research and
Development about receiving the funds to continue a program up there. The big
interest from the Hawai‘i Department of Agriculture is the fact that there’s a
number of significant sized plant nurseries that do export and coquis are a
challenge to the export nursery industry in terms of getting them off island and as
well as out of State. So, that was one of their significant interests and then, as well
as the general health of the community, the visitor industry and residents, and
property values. So, the State is proposed to provide this grant for $49,913. And
assuming that the County Council approves their receipt of the funds, R&D
(Research and Development) will seek—will look for a small purchase to be made
to pursue a program that basically provides continued outreach and educational
events within the community, media, as well as a video on how to collaborate as a
community to control coqui frogs, and then continued prevention and controlling
eradication efforts.
Page 36
Hawaiʻi County Council-28 December 20, 2017
ACTING CHR. EOFF: Thank you, any questions? Council Member Richards?
MR. RICHARDS: Just as a—probably education for the Council. North Kohala is
interesting, in fact that it’s actually a destination as opposed to drive through
communities like the rest of the island, because of that, the ability to actually go
after the coqui frog with a high success rate. They have a coqui coalition,
Kim Takata is one of the principals there and they’ve been very successful as far as
being able to not eradicate yet, but get their arms around and really control things.
So, it makes all the sense in the world to keep funding the grant made program.
Last year we also helped support that because they are making—they are putting
their efforts where their mouth is not just their money but their efforts. And when
they ran out of money they found self-funding in Kohala so, they definitely are
doing what they can to make this difference. So, I very much support it. I yield.
ACTING CHR. EOFF: Thank you. Seeing no, oh, Ms. O’Hara.
MS. O’HARA: I appreciate this effort and will be supporting this. I just want to
point out that communities where I represent in Puna were fighting this bred of
coqui frogs 12 years ago and not getting this kind of support. And we have coqui
frogs all over our district and we are also home to many plant nurseries and other
things. It wasn’t for lack of community effort and support, I dragged fire hoses
through the jungle to spray citric acid, its painstaking work. We just didn’t have
any real support coming from State and County to prevent this. Then, as I watched
it move over to the other islands they have been quite successful at containing the
coqui frogs that have shown up on Oahu and that have shown up on Maui. So, I
pray that the Kohala area is successful in this effort and they’re at a point in the
fight where they could be successful. I just want to point out that it isn’t for a lack
of community effort, it’s because people didn’t realize what we were fighting and
how big a problem it would become. At the time, trying to convince people of that
was very, very difficult. So, let’s hope this effort is successful. Thank you.
MR. RICHARDS: Aloha, Chair.
ACTING CHR. EOFF: Mr. Richards.
MR. RICHARDS: Thank you. Just as a point of clarification, Kohala has been in
the fight that long as well, they’ve just been working hard. So, this is one of the
things from the agricultural standpoint and that’s why we have to be more effective
in challenging these invasive species and get things handled early on rather than—
before they become a crisis. So, I do appreciate the Council woman’s perspective.
Kohala has been in this fight as long, the difference is the geographical differences.
But, I hear you and completely agree.
Page 37
Hawaiʻi County Council-28 December 20, 2017
MS. O’HARA: Chair? I just want to respond to Mr. Richards. I agree, but I
believe we were ground zero with lava tree state park and before we knew what
was hitting us, it morphed out of control. So, thank you.
MR. KANUHA: Madam Chair?
ACTING CHR. EOFF: Mr. Kanuha.
MR. KANUHA: Diane, I know this is coming from the Hawai‘i Department of
Ag, but I’m trying to remember back maybe in the last several months or last year.
I thought the State or DOA (Department of Agriculture) kind of gave up on coqui
eradication for Hawai‘i Island? Is that a correct statement? You know, because I
know we’ve been trying to battle it for along tie and getting DOA on board but, I
thought it was—or maybe it was assumed by me that was a statement that the State
made or DOA made.
MS. LEY: Well, I can’t speak for the policies or initiatives of the State
Department of Agriculture. I think there has been recognition, it’s been a
challenge but they made the offer and they approached the Research and
Development about applying for the funds, so that’s what we did. So, we thought
it was an opportunity that we didn’t want to walk away from. And, really, you
know, we included the idea, we approached the department with, let’s not just do
education within the North Kohala community, can we take that outside? So, the
idea of producing a video with how we as a community did this and then that could
be shared with on you tube or on the Big Island Invasive Species Council’s
website and the HISC (Hawai‘i Invasive Species Council) website.
MR. KANUHA: Thank you and looking forward to that. We have a lot of
pockets, especially in our districts in Kona, still trying to fight the fight and keep
the coqui frog out of their neighbors, which is why we keep continuing to provide
monies for citric acid. But, hopefully, that can help out in maybe easier ways of
using the citric acid or maybe educating a greater number of individuals within our
communities to help the situation. So, I guess in that sense, I’ll be supporting this
and looking forward to what comes out of it. Thank you.
ACTING CHR. EOFF: Thank you, Mr. Kanuha, any other comments? Seeing
none, All in favor, of Resolution—oh, I’m sorry, was that Ms. Lee Loy? Did you
have a question or a comment?
MS. LEE LOY: Well, just a comment. I think, you know, we’re watching the
State continue to give the outer islands to counties these unfunded mandates and
here we have an opportunity to kind of take some money back. You know, I think
we should use it as a leverage or an opportunity to get more money. I don’t want
to leave this money on the table and hem and ha about what kind of gains we’ll
make. I think we should take the money and leverage it as best as we can. Like
Page 38
Hawaiʻi County Council-28 December 20, 2017
Ms. Ley mentioned putting together a community video. I think those things have
a huge amount of impact when they’re just kind of done from a community
perspective and they go a little further. So, I’m looking forward to seeing how this
community in Kohala uses the money. Not only to make gains with their nurseries
but maybe have a bigger voice and helping with the coqui eradication program.
So, thank you.
ACTING CHR. EOFF: Thank you, Ms. Lee Loy, okay, Council Members, go
ahead and vote on Resolution 441. All in favor,, please say “aye.”
Vote on Res. 441-17: The motion to adopt Res. 441-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: I think we can get our agenda finished without taking a
lunch break but, I’d like to take a five-minute recess if there are no objections?
Okay, and, then, after that I do have Environmental Management Director here and
Solid Waste Chief. So, we’ll go ahead and take Bill 82 when we get out of recess.
Okay? Thank you. In recess.
Recess: At 12:32 p.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 12:44 p.m.
Bill 82: AMENDS CHAPTER 20, ARTICLE 4, OF THE HAWAIʻI COUNTY CODE
(Draft 2) 1983 (2016 EDITION, AS AMENDED), RELATING TO SOLID WASTE
FEES
Increases disposal fees from the current $85 per ton to $108 per ton, to further
st
increase by $2 per ton on July 1 of each year, from July 1, 2018, through
July 1, 2022. Also increases fees to be applied when the scale cannot be used
due to outages, for special handling and all types of vehicles.
Reference: Comm. 606.
Intr. by: Ms. David (B/R)
Approve: FC-70
Motion to Approve: Ms. David moved to pass Bill 8, Draft 2, on first reading and
adopt Finance Committee Report No. 70. Seconded by
Ms. Poindexter.
Page 39
Hawaiʻi County Council-28 December 20, 2017
ACTING CHR. EOFF: I would like to ask Director Kucharski and Solid Waste
Division Chief—okay, thank you. Good morning—good afternoon. Please
introduce yourself one more time. Can you state your name?
(Note: At this time, Director of Environmental Management William
Kucharski came forward to address the members of the Council.)
MR. KUCHARSKI: William Bill Kucharski, Director of Department of
Environmental Management.
ACTING CHR. EOFF: Would you like to provide just a little bit of update to us
and we’ll go ahead and open it up to the Council Members?
MR. KUCHARSKI: Yes, I’d be happy to. This—Bill 82 is an opportunity for the
Solid Waste Division to increase the tipping fee, disposal fees for our solid waste
facilities. This rate has not been increased since 2007, when it was increased up to
the 85 dollars in the last ten, and now almost 11 years there have been no rate
increases.
Some of the specific data that we had and going up right now in 2017, we have
collected about 9.2 million dollars in tip fees. And I did want to point out that 100
percent of the transfer station waste is disposed of in our landfills at 100 percent
paid for by the County. There is no fees. And the tonnage that we put into the
landfill from our transfer stations is approximately 42 percent of all of the waste
that is deposited. So, we have a significant load to the County budget for taking
care of the existing transfer station mechanism of allowing most of the citizens to
dispose of their waste at no cost. There are issues that we have with the budget of
going forward. In the last years, we’ve had stand-alone budgets and those budgets
now come down when you get the increases that we have just in salaries, for
example, that is a decrease. We have CPI increases and our disposal fees for
Puʻuanahulu. When we go in on our green waste we also have automatic CPI
increases. So, if we have a stand-alone budget we have to absorb those increases,
which means we actually decrease services. And this has been going on for
several years.
As we come down, some of the other numbers that we had in our operating costs
just for our solid waste division is about 11.4 million dollars a year, our recycling
and green waste is another 7 million, other general expenses for equipment,
etcetera, is about another 4.4, and we are paying a disposal fee at Puʻuanahulu to
waste management that currently account to about 6.7 million dollars a year. As
we come in and continue and close Hilo landfill, we will be bringing more waste
over to Puʻuanahulu. We currently have an operating cost in Hilo but we do not
have a tip fee that we need to pay the operation since we operate that landfill.
When we bring that additional waste over, that will increase our cost for the
Page 40
Hawaiʻi County Council-28 December 20, 2017
Puʻuanahulu operation just by the tip fees by about an additional 2.5 million
dollars a year.
So, this increase to $108 to a ton will allow us, essentially, to maintain our
services. Without that increase we would have to, in order to meet a stand-alone
budget, essentially remove the recycled budget from our operations. So, this
increase, while it’s a high increase, it is also from the view of having proceeded
from 2007 to now. At a 2 percent a year, we would be at essentially the same
number. And at the end of the 2022 when we increase another 2 dollars a ton up
until that point it’s almost identical to a 2 percent increase a year from 2007 to the
until the end of this, which is 2022. I can come up with other numbers for you but,
in essence, this will allow us to maintain our existing programs, give us a little bit
of money that we can come in, we planned to ask for two new positions; one is to
deal with—manage the Styrofoam, which is a requirement starting in January of
next year and also to get another project manager to be able to deal full time with
managing the waste management contract, which right now is a very large cost. It
will be going up to almost 10 million dollars a year just on the fees and the
associated management requirements for that contract. So, I would ask that the
Council move forward and provide a yes vote on this bill.
ACTING CHR. EOFF: Thank you, Director. Mr. Goodale, did you want to add
anything to that? And, I forgot to have you introduce yourself.
(Note: At this time, Environmental Management Solid Waste Division
Chief Gregory Goodale came forward to address the members of the
Council.)
MR. GOODALE: Greg Goodale, Solid Waste Division Chief. No, I think
Director Kucharski summed up our plight pretty accurately, so, thank you.
ACTING CHR. EOFF: Thank you, then. Council Members, Hilo, do you have
any comments or questions at this time? Kona Council Members? Ms. Ruggles.
MS. RUGGLES: Thank you, Chair. Thank you for the explanation,
Mr. Kucharski. I know when we last spoke, you gave me a pretty good list of what
the increased funds would be used for. It was my understanding that it would be to
upgrade transfer stations to help with equipment that you currently been,
essentially, jerry rigging, the fund more recycling programs, and to fund two new
positions; one for the poly styrene enforcement and then one for litter, but it seems
now that switched to waste management position. Is that correct?
MR. KUCHARSKI: Well, Bill Kucharski. On the positions, the person that
would do styrofoam would also do litter and so that would be the same person and
there may be other activities within the department that position could manage. As
we looked at this in our original review, this is a draft two and that is because once
Page 41
Hawaiʻi County Council-28 December 20, 2017
we looked at the numbers more closely, and we’re just in the beginning of the
budget process, of course, we looked at it more closely we recognized that the
additional cost of the tip fee for waste management and the operation at
Puʻuanahulu would increase our fees by 2-and-a-half million. That money we
thought would be available for more direct use is now diverted to that expense.
We’re looking at being able to have 100 to 200 hundred thousand dollars to start
taking a look at transfer station upgrades. And we will be working and trying to
get more moneys freed up and make our operations a little more effective. We do
have issues with the recycled systems mainly because of China backing down on
taking a lot of the waste streams. As I pointed out right now, our mixed waste
processing costs the County about 170 dollars a ton to process. And that number
may be low if the majority of our materials were sent to China for ultimate
recycling. And if that is shut down I don’t know what that cost is going to be. That
is going to be an issue for us. But, right now we’re looking to take a look at the
transfer station, start to do design, get ready for the design so that we can then
upgrade the recycling and the activities at these stations. But, right now, that is the
limit of what we can do with these available funds.
MS. RUGGLES: Okay, thank you. I remember when we spoke, you said that
Greg was putting together the priority list for the transfer station upgrades. Greg,
have you finalized that list?
MR. GOODALE: Again, Greg Goodale, Solid Waste Division Chief. We’ve had
a priority list for our transfer stations for I would say several years now and a lot of
that centers around stations that require significant repair work. But, in with that,
we also have stations we know that require improvements to allow for more
effective recycling and reuse and those kinds of things. We’ve been able to
implement some of those things into some of our stations over the last several
years but, we still have a backlog of stations that require basic, you know, repair
work. So yeah, we do have that list of which stations those are that we need to get
in and basically just do the infrastructure repairs on.
MS. RUGGLES: Okay, do you have that available with you?
MR. GOODALE: I don’t have that list like in print form but I could tell you
which stations are kind of at the top of that list. You know, right now, we have
some repair work that needs to take place at the Kea‘au transfer station; water
piping replacement and repairs. There’s work that needs to be done at the
Laupāhoehoe transfer station; the shoot there is in need of repairs, the retaining
wall. we’re still in the process of getting Waiohinu transfer station, the station
needs a whole complete rebuild just as Glenwood and Volcano transfer stations
were just recently rebuilt because of those same issues. So, they were sites that
kind of rose to the top of that list. Now, we have taken care of those. We don’t
have the infrastructure issues like we once did. Honoka‘a is another one that we
Page 42
Hawaiʻi County Council-28 December 20, 2017
have on our list of stations, the retaining wall and shoot there is in need of some
repair. I can go on but those are probably the highest need on our list right now.
MS. RUGGLES: Thank you. Also, when we spoke, Mr. Kucharski, you
mentioned there might be opportunities with this increase to increase available
hours that the transfer station will be open and, also, green waste mulching and
recycle facilities at each one of these facilities. Could you comment on that?
MR. KUCHARSKI: Yes. We have taken a look at let’s go to operating the
facilities. Again, Bill Kucharski speaking. If we increase the operation at one
transfer station and increase it one day a week, the cost to the County is going to
be approximately a hundred thousand dollars. That is for one facility; one day
additional. So, as we take a look at our priorities we need to calculate these
numbers and you can say, why is that so high? Well, it’s because we need to hire a
new person and, essentially, we need almost a person-and-a-half, given the time
off that the people have to maintain that each day. I was pretty surprised by the
size of that. But, our operations cost the County a lot of money and that’s not a
bad thing because we're providing a good service. And we’re keeping solid waste
from being tossed on the side of the road, so long as we have facilities available,
this is money very well spent.
MS. RUGGLES: Okay, so it costs one hundred thousand dollars for one additional
day for one facility. So, essentially, paying one person for 4 eight-hour days, it
costs one hundred thousand dollars?
MR. KUCHARSKI: In order to do that, we need to have one new person and that
cost for one new person, that’s what the annual cost would be. I will let Greg go
into some of that detail on that.
MR. GOODALE: Yeah, again, as Director Kucharski said, when you look at
increasing one day per week, essentially, we have staff that’s available to staff the
sites that we have now for the number of days per week that we staff them. So, if
we were to want to increase an additional day, essentially, you need an additional
staff person at that point. So, from our end when we look at between wages and
benefits both, you arrive at about a hundred thousand dollars per year between
wages and benefits. Now, that is not to say that person, you know, for the other
three days a week is not going to be doing anything. Obviously, they are going to
be working at our facilities but in order to increase that additional day, you get to
the point where you need that additional person.
MS. RUGGLES: I see. And for the two positions that you were talking about, so
the one position person will be managing the polystyrene program basically the
enforcement and education, and then sort of the litter coordinated program?
Page 43
Hawaiʻi County Council-28 December 20, 2017
MR. KUCHARSKI: They would be—the design right now is the person would
have those responsibilities and the styrofoam is going to require significant amount
of work and the litter, I believe, will be just as intense.
MS. RUGGLES: Okay. When we first talked I was confused as far as what a
person working on the polystyrene enforcement would be doing for 40 hours per
week. Honestly, because that goes into effect in July in 2019, so what would they
be doing if they start in January?
MR. KUCHARSKI: Well, by January, it is required that we have the report and
we have the education management plan ready to go. So, that is not something
that will be done in a month. None of these positions would be filled until next
fiscal year and probably not until then, possibly sooner but, I tended to lengthen
my time expectations since I took this position. But, that person would have
several months in which to prepare the education program. We have
administrative rules that need to be written, we have a number of things in the
polystyrene bill that are going to require a significant amount of up front work so
that when the program starts, it can be managed, it can be administered. We have,
again, administrative rules to write a number of those things that come in. And if
litter program moves forward, there’s going to be a significant amount of work
structuring that, managing that, dealing with all sorts of activities in order to make
that a functional program.
MS. RUGGLES: Okay, thank you. I guess, for me with increasing this fee it’s
just important that we’re able to get a clear picture on how exactly the funds will
be met—funds will be spent. I guess, I’m struggling because I’m trying to get a
bigger like a clearer picture of how exactly the funds will be met. I’d like to know
which transfer stations will be improved and how it will impact or benefit my
district if at all.
MR. KUCHARSKI: Again, Bill Kucharski. The majority of the increase is going
to go to pay additional tip fees. When we had talked originally, that was not on—
that had not been identified as a major cost and that’s one of the reasons we went
from the 101 to the 108. That increase, again, of the 2.8 million that we expect,
2.5 will be going to pay increased tip fees, because of our contract at Puʻuanahulu.
That’s not an answer I like to give, but that’s where the majority of the money is
going to go.
MS. RUGGLES: To pay increase tip fees?
MR. KUCHARSKI: In tip fees. Our contract at Puʻuanahulu, again, when that
facility was opened that was managed exclusively and 100 percent by waste
management. When the Kono decision came in, the County had to come in and
operate the facility per that decision. The residual of our negotiations which was
in 2001, 2002? In 96, the resolution came in, left a residual where the County was
Page 44
Hawaiʻi County Council-28 December 20, 2017
still paying waste management a fee for use of that landfill. And that residual now
will result in our bringing the Hilo waste to Puʻuanahulu, will cost us an additional
2.5 million dollars and that’s in addition to the 6.4 million that we already provide
to them. So—and we’re looking at—there’ll be some negotiations with waste
management coming up in April and we will be attempting to get better rates and a
resolution at that point. But at this point, we can’t count on anything other than
what’s in the current contract.
MS. RUGGLES: I see, thank you. I definitely understand the situation you are in
as far as the CPI increasing and having to do more with less and less, especially
with the union wages coming up and working with a flat budget for the past few
years. I want to make sure that we know exactly how it’s going to be spent.
MR. KUCHARSKI: Thank you. And, yes, you missed the original thing. You
were sick and I should have reached out to you. My apologies on that.
MS. RUGGLES: That’s alright. And with that, I would like to hear what the rest
of my colleagues thoughts are. Thank you.
ACTING CHR. EOFF: Okay, Ms. O’Hara?
MS. O’HARA: Thank you, Chair, and thank you for bringing up those questions,
Ms. Ruggles. I know you were absent from the first read, we went through a lot of
this and they did a presentation. But, while it would be great to have the exact use
of the additional funds available to us, I think Mr. Kucharski has given you a good
idea of the variability that we experience in this solid waste industry. We don’t
know if the price of our recyclables is going to go up. And, if you haven’t read the
news, China is backing off on purchasing recyclables, they have been the biggest
consumer of recyclables for the last 10 or 15 years. The dynamics of this make it
very difficult to specifically state where you are going to spend those extra dollars.
What we do know is we raise it to 108, that it will cover the additional expenses
under our contract with waste management as Mr. Kucharski pointed out, the
Kono decision in 1994, requires that the County operates the landfill. We own the
land, but waste management manages the permits that we have from Department
of Health and they build new cells as needed in that landfill. So, it’s a partnership
kind of relationship that we have because of the Kono decision and as a result, they
charge us tip fees and those escalate by approximately 2 percent per year. That’s a
long-term non-ending contract that we get opportunities to renegotiate or go in and
negotiate potentially better prices, and one of those opportunities is coming up next
year. And while this 108 dollar increase or what will get up to 108 per ton tip fee
is going to allow us to pay the extra cost of taking all of the waste from East
Hawai‘i to Puʻuanahulu, which we project to do as we close the landfill. We’re
seeing only an overage of 300 k in the first year of this increase.
Page 45
Hawaiʻi County Council-28 December 20, 2017
And with that, Mr. Kucharski has indicated he is going to be paying or asking for
two new positions; one to manage that contract with waste management, the other
is to have someone on board to handle the education and enforcement program of
the styrofoam bill, along with launching an island-wide anti-litter campaign. So,
we know that he is going to be able to probably get that far. As far as which
transfer stations and what enhancements he can do, it really depends on the
variabilities that we just talked about. And if we get a cost reduction in our
negotiation with waste management, I would want to be assured that would be the
first thing that will turn around well get doing is enhancements to our transfer
stations. So, that’s kind of a dynamic process. It’s really hard to pinpoint exactly
where each dollar is going to go. I hope that helps and you can add on if I got any
of that wrong, Mr. Kucharski, I’m sorry.
MR. KUCHARSKI: Bill Kucharski. No, I agree. Thank you for that summary
and yes, any additional fees that we have will be used to make sure that our
transfer stations are upgraded and are providing the best and the highest quality
service that we can.
MS. O’HARA: And, if I still have the mic? I just wanted to say, the job that solid
waste has to do here on this island using what I would term an archaic system is
very admirable that you’re able to get as good practices as you have in place. We
remain the only island that does not have municipal trash pick-up and I don’t know
anywhere else in the United 50 States where you get to throw away your waste for
free. So, we’ve set up a system that isn’t really serving us that well and trying to
make changes to it, tweaking it here or there. All we’re seeing is an increase in
costs because regulatory requirements continue to increase. I mean, we didn’t get
the requirement to have lined land filled until 1993 and that is a requirement now.
So, it’s something that’s evolving and I really think a lot about our waste system
and it bothers me that we can’t quite get ahead of the curve on it. But, I appreciate
all the work you guys are doing. I do see the need for this increase as onerous as it
sounds, but we don’t want to mismanage our solid waste. Thank you.
ACTING CHR. EOFF: Thank you, any other comments, Council Members?
Seeing none, I’ll go ahead and take a vote, then, on Bill 82, Draft 2 at first reading.
All in favor, please say “aye.”
Page 46
Hawaiʻi County Council-28 December 20, 2017
Vote on Bill 82:
(Draft 2) The motion to pass Bill 82, Draft 2, on first reading and
(Adopted) adopt Finance Committee Report No. reading was carried
by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Bill will move to second reading. Was there any other
items that needed to be taken out of order or shall we just go to the top of the
agenda? Thank you, director and division chief. Mr. Clerk, let’s just go to the top
and that would be starting with Resolution 410.
Res. 410-17: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE UNIVERSITY OF HAWAI‘I
Provides $9,680 from the Department of Research and Development to the
University of Hawai‘i, to fund its “Innovative Agricultural Research to Control
Rough Sweet Potato Weevil” research proposal. Funds would be used to
evaluate two promising insecticides and evaluate 12 sweet potato varieties
reported to have resistance to insects.
Reference: Comm. 604
Intr. by: Ms. David (B/R)
Approve: FC-68
Motion to Approve: Ms. David moved to adopt Res. 410-17 and Finance
Committee Report No. 68. Seconded by Ms. Poindexter.
ACTING CHR. EOFF: Any comment? Ms. David.
MS. DAVID: No, this was already approved in Committee.
Page 47
Hawaiʻi County Council-28 December 20, 2017
ACTING CHR. EOFF: Okay, thank you. Then, All in favor, of Resolution 410,
please say “aye.”
Vote on Res. 410-17: The motion to adopt Res. 410-17 and adopt Committee
(Adopted) Report No. 68 was carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Resolution is adopted. Resolution 411.
Res. 411-17: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE
FOR ONE PITNEY BOWES DIGITAL MAILING SYSTEM
Authorizes the Mayor to enter into a five-year lease agreement at an estimated
monthly cost of $176.74 to be used at the Police Department’s South Hilo
Storeroom at the Public Safety Building Complex.
Reference: Comm. 605
Intr. by: Ms. David (B/R)
Approve: FC-69
Motion to Approve: Ms. David moved to adopt Res. 411-17 and Finance
Committee Report No. 69. Seconded by Ms. Poindexter.
ACTING CHR. EOFF: Any comment? Hearing none, All in favor, please say
“aye.”
Vote on Res. 411-17: The motion to adopt Res. 411-17 and adopt Finance
(Adopted) Committee Report No. 69 was carried by the following
voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries, Resolution 415.
Page 48
Hawaiʻi County Council-28 December 20, 2017
Res. 415-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAI‘I
ISLAND UNITED WAY FOR EXPENSES RELATING TO ITS 2017-2018
COMMUNITY OUTREACH INITIATIVE AND COMMUNITY MEETINGS
IN WEST HAWAI‘I
Transfers $5,000 from the Clerk-Council Services – Contingency Relief
account (Council District 7); and credits to the Liquor Control, Public
Programs account.
Reference: Comm. 612
Intr. by: Mr. Kanuha
Motion to Approve: Ms. David moved to adopt Res. 415-17. Seconded by
Mr. Richards.
ACTING CHR. EOFF: Mr. Kanuha, did you have a comment on that one?
MR. KANUHA: Madam Chair, sorry I’m not up there, but just want to say
mahalo to the Council for supporting this, and glad that I can help out the Hawai‘i
Island United Way.
ACTING CHR. EOFF: Sorry, we couldn’t get to it when Mr. Onishi was here.
MR. KANUHA: Again, thank you, to the rest of the Council, for also supporting
Hawai‘i Island United Way in their each individual capacities.
ACTING CHR. EOFF: Okay, thank you, anyone else? Seeing none, All in favor,
please say “aye.”
Vote on Res. 415-17: The motion to adopt Res. 415-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Resolution 415 is adopted. Resolution 416.
Page 49
Hawaiʻi County Council-28 December 20, 2017
Res. 416-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAI‘I
ISLAND UNITED WAY FOR EXPENSES RELATING TO ITS 2017-2018
COMMUNITY OUTREACH INITIATIVE AND COMMUNITY MEETINGS
IN WEST HAWAI‘I
Transfers $3,000 from the Clerk-Council Services – Contingency Relief
account (Council District 6); and credits to the Liquor Control, Public
Programs account.
Reference: Comm. 613
Intr. by: Ms. David
Motion to Approve: Ms. David moved to adopt Res. 416-17. Seconded by
Mr. Kanuha.
ACTING CHR. EOFF: Any further comments? Seeing none, All in favor, please
say “aye.”
Vote on Res. 416-17: The motion to adopt Res. 416-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Resolution 416 is adopted. Resolution 417.
Res. 417-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE
HILO HIGH SCHOOL FOUNDATION FOR THE 2018 HILO HIGH
SCHOOL PROJECT GRAD NIGHT
Transfers $3,000 from the Clerk-Council Services – Contingency Relief
account (Council District 2); and credits to the Liquor Control, Public
Programs account.
Reference: Comm. 614
Intr. by: Mr. Chung
Motion to Approve: Mr. Chung moved to adopt Res. 417-17. Seconded by
Ms. Lee Loy.
Page 50
Hawaiʻi County Council-28 December 20, 2017
ACTING CHR. EOFF: Any comments? Seeing none, All in favor, please say
“aye.”
Vote on Res. 417-17: The motion to adopt Res. 417-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Resolution 417 is adopted. Resolution 418.
Res. 418-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE
WAIĀKEA HIGH SCHOOL PARENT TEACHER STUDENT
ASSOCIATION FOR THE 2018 WAIĀKEA HIGH SCHOOL PROJECT
GRAD NIGHT
Transfers $3,000 from the Clerk-Council Services – Contingency Relief
account (Council District 2); and credits to the Liquor Control, Public
Programs account.
Reference: Comm. 615
Intr. by: Mr. Chung
Motion to Approve: Mr. Chung moved to adopt Res. 418-17. Seconded by
Ms. Lee Loy.
ACTING CHR. EOFF: A comment—any comments? Hearing none, All in
favor, please say “aye.”
Vote on Res. 418-17: The motion to adopt Res. 418-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
Page 51
Hawaiʻi County Council-28 December 20, 2017
ACTING CHR. EOFF: Resolution 418 is adopted. Jumping down,
Resolution 424.
Res. 424-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS
OF THE FUTURE TO SUPPORT THE KONAWAENA ROBOTICS
TEAM’S PARTICIPATION AT THE FIRST ROBOTICS COMPETITION
Transfers $2,500 from the Clerk-Council Services – Contingency Relief
account (Council District 7); and credits to the Liquor Control, Public
Programs account.
Reference: Comm. 622
Intr. by: Mr. Kanuha
Motion to Approve: Mr. Kanuha moved to adopt Res. 424-17. Seconded by
Ms. David.
ACTING CHR. EOFF: Do you have a comment?
MR. KANUHA: Just briefly. Glad to support the Konawaena Robotics Team
competition. I think this is critical to, you know, a lot of these STEM programs
that these schools are going through. We also support Kahakai Elementary,
Kealakehe, so these are really important programs that I think are essential to
learning. So, I ask for your support.
ACTING CHR. EOFF: Thank you. All in favor, please say “aye.”
Vote on Res. 424-17: The motion to adopt Res. 424-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Resolution 424 is adopted. Resolution 425.
Page 52
Hawaiʻi County Council-28 December 20, 2017
Res. 425-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS
OF THE FUTURE TO SUPPORT THE KONAWAENA ROBOTICS
TEAM’S PARTICIPATION AT THE FIRST ROBOTICS COMPETITION
Transfers $2,500 from the Clerk-Council Services – Contingency Relief
account (Council District 6); and credits to the Liquor Control, Public
Programs account.
Reference: Comm. 623
Intr. by: Ms. David
Motion to Approve: Ms. David moved to adopt Res. 425-17. Seconded by
Mr. Richards.
ACTING CHR. EOFF: Do you have any more comments?
MS. DAVID: Yes, I’m just happy that we were able to support this program,
robotics. So, thank you.
ACTING CHR. EOFF: Thank you. All in favor, please say “aye.”
Vote on Res. 425-17: The motion to adopt Res. 425-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Resolution 425 is adopted. Resolution 426.
Page 53
Hawaiʻi County Council-28 December 20, 2017
Res. 426-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE
HAWAI‘I ARTIST COLLABORATION TO PURCHASE ART SUPPLIES
AND MATERIALS FOR KAHAKAI ELEMENTARY SCHOOL
Transfers $2,000 from the Clerk-Council Services – Contingency Relief
account (Council District 7); and credits to the Liquor Control, Public
Programs account.
Reference: Comm. 624
Intr. by: Mr. Kanuha
Motion to Approve: Mr. Kanuha moved to adopt Res. 426-17. Seconded by
Ms. David.
ACTING CHR. EOFF: Any comments?
MR. KANUHA: Briefly. Glad to support this program. A lot of times you see
schools using funding or taking away funding from certain programs, and you see
art as being one of those programs that they like to take money from. So, glad to
be able to provide some funds to this nonprofit to help with the art supplies for
Kahakai Elementary school where I went to elementary school. So, glad to
support this worthwhile project.
ACTING CHR. EOFF: Thank you. All in favor, please say “aye.”
Vote on Res. 426-17: The motion to adopt Res. 426-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries. Resolution 426 is adopted.
Resolution 427.
Page 54
Hawaiʻi County Council-28 December 20, 2017
Res. 427-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE FOOD
BASKET, INC., TO SUPPLY ADDITIONAL FOOD TO THE PĀHOA
PANTRY
Transfers $1,000 from the Clerk-Council Services – Contingency Relief
account (Council District 4); and credits to the Liquor Control, Public Programs
account.
Reference: Comm. 625
Intr. by: Ms. O’Hara
Motion to Approve: Ms. O’Hara moved to adopt Res. 427-17. Seconded by
Ms. David.
ACTING CHR. EOFF: Do you have a comment?
MS. O’HARA: No, I just ask for your support. This is a program from one of our
Puna churches and I ask for your support.
ACTING CHR. EOFF: Thank you. All in favor, please say “aye.”
Vote on Res. 427-17: The motion to adopt Res. 427-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Resolution 427 is adopted. Resolution 428.
Page 55
Hawaiʻi County Council-28 December 20, 2017
Res. 428-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FULL LIFE
FOR THE PUA NA PUA AND ABLED HAWAI‘I ARTISTS ART
FESTIVALS
Transfers $2,000 from the Clerk-Council Services – Contingency Relief
account (Council District 1); and credits to the Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 626
Intr. by: Ms. Poindexter
Motion to Approve: Ms. Poindexter moved to adopt Res. 428-17. Seconded by
Ms. David.
ACTING CHR. EOFF: Do you have any comments?
MS. POINDEXTER: No, I just ask for your support. Thank you.
ACTING CHR. EOFF: Okay, thank you. All in favor, please say “aye.”
Vote on Res. 428-17: The motion to adopt Res. 428-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Resolution 428 is adopted. Resolution 429.
Res. 429-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HUI PONO
HOLOHOLONA FOR ITS ANIMAL BALANCE PROGRAM
Transfers $1,000 from the Clerk-Council Services – Contingency Relief
account (Council District 5); and credits to the Research and Development,
Hawai‘i County Resource Center account.
Reference: Comm. 627
Intr. by: Ms. Ruggles
Motion to Approve: Ms. Ruggles moved to adopt Res. 429-17. Seconded by Mr. Kanuha.
Page 56
Hawaiʻi County Council-28 December 20, 2017
ACTING CHR. EOFF: Ms. Ruggles.
MS. RUGGLES: Yes, please, thank you. Just for the public who may be
observing this. This is a fund of free spay neuter program for cats, they can be
thth
wild or your own or your personal pet cats. It will be February 18 to the 24, at
th
the Kea‘au Girl Scout Center starting at 7 a.m. And September 19 to September
th
15 at the Kea‘au au Girl Scout Center. So, mark your calendars, thank you.
ACTING CHR. EOFF: Thank you. Ms. O’Hara.
MS. O’HARA: Yes, and I just wanted to explain when Frannie Pueo came
forward from Hui Pono Holoholona to testify this morning, she brought up my
name because I’m also giving money to the same event. And I’ve gotten R&D
(Research and Development) to put—combine the two into one contract because
R&D is now requiring a minimum of 25 hundred dollars in order to do the
contract. So, that’s going to come before the Council in their next meeting and my
contingency funds will be giving15 hundred dollars towards that event. And just
since Ms. Ruggles identified the location, it is directly across the street from our
Kea‘au transfer station, where you all have experienced this, but people seem to
dump their pets as if they were litter. And, so, our transfer stations get many cats
and dogs dumped off. I’ve heard a population of up to one hundred at the Kea‘au
transfer station. I know when I was managing it there were 64 feral cats. So, it’s a
big problem and I love the fact that they’ve identified the location so they can trap,
bring them across the street, and, then, release back into the wild. So, good
program and animal balance is—we’re really lucky that they’re coming to the
island to help.
MS. RUGGLES: Can I say one more thing?
ACTING CHR. EOFF: Ms. Ruggles.
MS. RUGGLES: Thank you. I also wanted to note that this funding will also
ththrd
provide for further spay neuter opportunities on March 20 to 25, and June 3
th
to 9, and they’re looking for a location in Hilo right now. So, if anyone has any
ideas, please contact my office. Thank you
Page 57
Hawaiʻi County Council-28 December 20, 2017
ACTING CHR. EOFF: Thank you. All in favor, please say “aye.”
Vote on Res. 429-17: The motion to adopt Res. 429-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Resolution 429 is adopted and we did 430, so, 431.
Res. 431-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS
OF BIG ISLAND DRUG COURT, INC., TO PAY FOR COURT-RELATED
SERVICES FOR PARTICIPANTS OF THE BIG ISLAND DRUG COURT
AND VETERANS TREATMENT COURT
Transfers $5,000 from the Clerk-Council Services – Contingency Relief
account (Council District 6); and credits to the Office of the Prosecuting
Attorney, Other Current Expenses account.
Reference: Comm. 629
Intr. by: Ms. David
Motion to Approve: Ms. David moved to adopt Res. 431-17. Seconded by
Mr. Kanuha.
ACTING CHR. EOFF: Ms. David.
MS. DAVID: Yes,for all the reasons stated this morning and the presentation, I
ask for your support. Mahalo.
Page 58
Hawaiʻi County Council-28 December 20, 2017
ACTING CHR. EOFF: Okay, thank you. All in favor, please say “aye.”
Vote on Res. 431-17: The motion to adopt Res. 431-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Resolution 431 is adopted. Resolution 432.
Res. 432-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS
OF BIG ISLAND DRUG COURT, INC., TO PAY FOR SERVICES FOR
PARTICIPANTS OF THE BIG ISLAND DRUG COURT AND VETERANS
TREATMENT COURT
Transfers $5,000 from the Clerk-Council Services – Contingency Relief
account (Council District 8); and credits to the Office of the Prosecuting
Attorney, Other Current Expenses account.
Reference: Comm. 630
Intr. by: Ms. Eoff
Motion to Approve: Ms. David moved to adopt Res. 432-17. Seconded by
Mr. Richards
ACTING CHR. EOFF: I don’t think I need to say anything more about this but if
anyone else does wish to help contribute to this drug court, we can help you get in
touch with the right people. Mahalo. All in favor, please say “aye.”
Vote on Res. 432-17: The motion to adopt Res. 432-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Resolution 432 is adopted. Resolution 433.
Page 59
Hawaiʻi County Council-28 December 20, 2017
Res. 433-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO GOING
HOME HAWAI‘I FOR ITS PUʻUHONUA O HILO PILOT PROJECT
Transfers $2,000 from the Clerk-Council Services – Contingency Relief
account (Council District 5); and credits to the Office of the Prosecuting
Attorney, Other Current Expenses account.
Reference: Comm. 631
Intr. by: Ms. Ruggles
Motion to Approve: Ms. Ruggles moved to adopt Res. 433-17. Seconded by
Ms. David.
ACTING CHR. EOFF: Do you have any comments?
MS. RUGGLES: Yes. I find it very pertinent that we’re hearing this now,
considering this morning’s presentation. Going Home Hawai‘i is a nonprofit that
works to reduce recidivism as Judge Fugino said, there is a revolving door
amongst people in jail are more likely to be homeless and people that are homeless
are more likely to be in jail. In fact, 30 percent of inmates are homeless. So, what
Going Home Hawai‘i does is provide a reentry programs for inmates, and connects
them with employers, and houses them. Currently, they will be using this funding
to help support their home, it’s near Puainako and they’re doing it with a Hawaiian
cultural foundation. It’s being called a puʻuhonua and they do hoʻoponopono and
it’s based on a clean and sober living and finding jobs. So, I appreciate your
support thank you.
ACTING CHR. EOFF: Thank you. All in favor, please say “aye.”
Vote on Res. 433-17: The motion to adopt Res. 433-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Resolution 433 is adopted. Resolution 434.
Page 60
Hawaiʻi County Council-28 December 20, 2017
Res. 434-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE
HAWAI‘I JAPANESE CENTER FOR EXPENSES RELATED TO THE
PLANNING AND IMPLEMENTATION OF THE COMMEMORATIVE
th
“GANNENMONO”: 150 ANNIVERSARY OF THE FIRST JAPANESE
IMMIGRATION TO HAWAI‘I
Transfers $2,500 from the Clerk-Council Services – Contingency Relief
account (Council District 2); and credits to the Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 632
Intr. by: Mr. Chung
Motion to Approve: Mr. Chung moved to adopt Res. 434-17. Seconded by
Ms. Lee Loy.
ACTING CHR. EOFF: Mr. Chung, do you have a comment? Okay, thank you.
All in favor, please say “aye.”
Vote on Res. 434-17: The motion to adopt Res. 434-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Motion carries. Resolution 437.
Res. 437-17: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PURCHASE AND INSTALL WI-FI
EQUIPMENT AT THE PĀHOA NEIGHBORHOOD FACILITY
Transfers $1,000 from the Clerk-Council Services – Contingency Relief
account (Council District 5); and credits to the Information Technology,
Equipment account.
Reference: Comm. 635
Intr. by: Ms. Ruggles
Motion to Approve: Ms. Ruggles moved to adopt Res. 437-17. Seconded by
Ms. David.
Page 61
Hawaiʻi County Council-28 December 20, 2017
ACTING CHR. EOFF: Did you have a comment?
MS. RUGGLES: Yes, please. This is to fund a wi-fi equipment replacement at
Pāhoa that will make public wi-fi available at the Pāhoa Community Center. I just
want to thank, Parks and Rec and, also, IT (Information Technology) for helping
me investigate what we need to do to provide this to the public. Thank you.
ACTING CHR. EOFF: That’s great, thank you. All in favor, please say “aye.”
Vote on Res. 437-17: The motion to adopt Res. 437-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Resolution 437 is adopted. Resolution 438.
Res. 438-17: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF
$500 TO THE DEPARTMENT OF PARKS AND RECREATION
Donated by Christine Johnson, would be used to assist with expenses related to
the Pilikulāiwi intersession program.
Reference: Comm. 636
Intr. by: Ms. Lee Loy
Waived: FC
Motion to Approve: Ms. Lee Loy moved to adopt Res. 438-17. Seconded by
Ms. David.
ACTING CHR. EOFF: All in favor—oh, I’m sorry, any discussion?
MS. LEE LOY: Chair?
ACTING CHR. EOFF: Yes, go ahead.
MS. LEE LOY: Thank you. I’m just going to take a minute or two. This one’s
really unique. We’re actually accepting a five-hundred-dollar donation. Back in
October, this body approved a resolution out of my contingency fund account to
Pilikulāiwi, a program that they run during the intercession for kids and that was
born out of a decision about this particular program not being able to utilize they
gym to house their intercession program. And we heard testifiers earlier this
Page 62
Hawaiʻi County Council-28 December 20, 2017
morning, Nahulu and Apolei Carvalho, they are participants and they really talked
about how much they’re learning with these hand-on aina based kind of programs.
And it’s actually really rewarding to me that the work that Pilikulāiwi is doing is
being recognized by others. And, so, I really want to mahalo, Christine Johnson
who is making a donation, she’s served with them on some of their huakaʻi and
some of their tree planting with the koa reforestation and the mamane
reforestation. This is just really a great return on investment. The five hundred
dollars will be now forwarded into their spring intercession program, which then
kind of perpetuates the ability for more students to continue to take on those
experiences that are being offered by this program. So, I’m really excited to see
how our contingency monies kind of pay it forward and, then, other people can
recognize the good work and then have stepped up and provided this donation. So,
again, thank you to Christine Johnson and then the Parks Department for accepting
this donation and allowing it to kind of pay it forward. And I’m asking the rest of
my Council Members to support this. Thank you.
ACTING CHR. EOFF: Thank you, Council Members. All in favor, please say
“aye.”
Vote on Res. 438-17: The motion to adopt Res. 438-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, and
Acting Chair Eoff – 8.
Noes: None.
Absent: Council Member Ruggles – 1.
Excused: None
ACTING CHR. EOFF: Motion carries with eight ayes. Ms. Ruggles is out of the
room, moving to Resolution 440, I believe would be next.
Res. 440-17: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE STATE DEPARTMENT OF THE ATTORNEY
GENERAL CRIME PREVENTION AND JUSTICE ASSISTANCE
DIVISION, PURSUANT TO HAWAI‘I REVISED STATUTES SECTION
46-7, FOR A GRANT TO THE HAWAI‘I COUNTY POLICE DEPARTMENT
Funds in the amount of $45,334 would be used by the Police Department to
train personnel and administer operations through a multi-agency collaborative
effort to reduce drug threats and drug-related crimes.
Reference: Comm. 638
Intr. by: Ms. David (B/R)
Waived: FC
Page 63
Hawaiʻi County Council-28 December 20, 2017
Motion to Approve: Ms. David moved to adopt Res. 440-17. Seconded by
Mr. Kanuha.
ACTING CHR. EOFF: Any comments?
MS. DAVID: I just ask for your support, thank you.
ACTING CHR. EOFF: Thank you. All in favor, please say “aye.”
Vote on Res. 440-17: The motion to adopt Res. 440-17 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, and
Acting Chair Eoff – 8.
Noes: None.
Absent: Council Member Ruggles – 1.
Excused: None
ACTING CHR. EOFF: Motion carries. Bill 80, draft 2.
BILLS FOR The Acting Chair directed the Council to proceed to the next order of business,
ORDINANCES Bills for Ordinances (First Reading).
(FIRST READING):
Bill 80 AMENDS CHAPTER 24, ARTICLE 10, DIVISION 2 OF THE HAWAI‘I
(Draft 2): COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO
MOVING VEHICLES
Amends Section 24-267, Schedule 15 (One way streets), Subsection (c), South
Hilo, by adding “Keaukaha Road, from Kalanianaʻole Street to Kamokuna
Street.” The new one-way traffic pattern through James Kealoha Beach Park
is intended to increase safety in and surrounding the park area.
Reference: Comm. 596.2
Intr. by: Ms. Ruggles (B/R)
Approve: PWPRC-29
Motion to Approve: Ms. Lee Loy moved to pass Bill 80, Draft 2, on first reading and
adopt Public Works and Parks and Recreation Committee
Report No. 29. Seconded by Ms. O’Hara.
Page 64
Hawaiʻi County Council-28 December 20, 2017
ACTING CHR. EOFF: Any comments? Seeing none, All in favor, please say
“aye.”
Vote on Bill 80: The motion to pass Bill 80, Draft 2, on first reading and
(Draft 2) adopt Public Works and Parks and Recreation Committee
(Approved) Report No. 29 was carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Bill 81.
Bill 81: AMENDS THE PARKS AND RECREATIONAL FACILITY SCHEDULE,
CHAPTER 15, ARTICLE 8, SECTION 15-68.1 OF THE HAWAI‘I COUNTY
CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO NAMING
THE SKATE PARK AT THE PĀHOA NEIGHBORHOOD FACILITY IN
PĀHOA, THE “GINNY ASTE SKATE PARK”
Names the skate park in honor of long-time community advocate Virginia
Brautigan Aste, in recognition of the significant contributions she has made in
her community.
Reference: Comm. 601
Intr. by: Ms. O’Hara
Approve: PWPRC-30
Motion to Approve: Ms. O’Hara moved to pass Bill 81 on first reading and
adopt Public Works and Parks and Recreation Committee
Report No. 30. Seconded by Mr. Richards.
ACTING CHR. EOFF: Did you want to comment?
MS. O’HARA: Well, we talked about it at Committee level and I just ask for your
support on this. That’s it.
Page 65
Hawaiʻi County Council-28 December 20, 2017
ACTING CHR. EOFF: Thank you. Seeing no further comments, All in favor,
please say “aye.”
Vote on Bill 81: The motion to pass Bill 81 on first reading and adopt
(Approved) Public Works and Parks and Recreation Committee
Report No. 30 was carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Bill 81 moves to second reading. Bill 84.
Bill 84: AMENDS ORDINANCE NO. 17-39, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2018
Appropriates revenues in the Federal Grants – Sexual Assault Exam and DNA
Analysis account ($53,205); and appropriates the same to Sexual Assault Exam
and DNA Analysis account. Funds would be used for the Police Department’s
Sexual Assault Exam and DNA Analysis Program.
Reference: Comm. 637
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to pass Bill 84 on first reading. Seconded
by Mr. Richards.
MS. DAVID: I just want to note, aside from asking for your support that this is the
companion bill to Resolution 439-17, which we already approved. Mahalo
ACTING CHR. EOFF: Thank you. All in favor, please say “aye.”
Vote on Bill 84: The motion to pass Bill 84 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
Page 66
Hawaiʻi County Council-28 December 20, 2017
ACTING CHR. EOFF: Bill 84 moves to second reading, nine ayes. Bill 86.
Bill 86: AMENDS ORDINANCE NO. 17-39, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2018
Appropriates revenues in the State Grants – North Kohala Coqui Frog Control
Project account ($49,913); and appropriates the same to the North Kohala
Coqui Frog Control Project account. Funds would be used for the Department
of Research and Development’s North Kohala Coqui Frog Control project.
Reference: Comm. 639
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to pass Bill 86 on first reading.
Seconded by Mr. Richards.
ACTING CHR. EOFF: Any discussion?
MS. DAVID: Just a note that this is a bill to companion resolution number 441.
ACTING CHR. EOFF: Okay, thank you. All in favor, say “aye.”
Vote on Bill 86: The motion to pass Bill 86 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff – 9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Bill 86 moves to second reading. Bill 87.
Page 67
Hawaiʻi County Council-28 December 20, 2017
Bill 87: AMENDS ORDINANCE NO. 17-39, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR
ENDING JUNE 30, 2018
Increases revenues in the Federal Grants – Federal Transit Administration
Fiscal Year 2017-2018 account ($419,817); and appropriates the same to the
Federal Transit Administration Fiscal Year 2017-2018 account for a total
appropriation of $1,119,817. Funds would be used towards operational
expenses for the Mass Transit Agency.
Reference: Comm. 640
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to pass Bill 87 on first reading.
Seconded by Ms. O’Hara.
ACTING CHR. EOFF: Council Members, you have any questions?
MR. RICHARDS: Yeah, I got a question. Is somebody from Mass Transit there?
Is Deanna in chambers in Hilo?
ACTING CHR. EOFF: Excuse me, Ms. Lee Loy or Mr. Chung?
MS. LEE LOY: Yeah, we would have to call Ms. Sako. No one is here from
Mass Transit or Finance.
MR. RICHARDS: That’s four hundred thousand dollars, it seems like a windfall
and knowing what is going on with Mass Transit, I can’t support this until I know
how they’re going to be spending it. Granted it’s coming from the feds and
granted it’s not coming out of our pocket but I think we need a plan for four
hundred thousand dollars.
ACTING CHR. EOFF: Okay, and this is our last agenda item. I don’t know if we
want to—yeah, and we haven’t heard it in Committee. Ms. David, do you know
why it was waived?
MR. RICHARDS: Is this time sensitive?
MS. DAVID: Yeah, it says DOT (Department of Transportation) providing
additional—these funds towards their operation, but they ask for a waiver time
sensitive for the grant appropriation for fiscal year 17, 18.
MR. RICHARDS: No, I understand it’s not coming out of our budget but it’s a
windfall of four hundred thousand dollars. And knowing what Mass Transit is
Page 68
Hawaiʻi County Council-28 December 20, 2017
going through right now, giving almost a half-million dollars with no plan bothers
me.
MS. DAVID: Yeah, I know, exactly. And I don’t have any notations to explain
that or to answer that in my notes. So, I think we need to ask Finance.
ACTING CHR. EOFF: We will have one more reading on this, but I don’t know.
Ms. Sako had to leave earlier that’s why we took her Bill 83 out of order. So, I
don’t know if she’s here or available.
MR. RICHARDS: Well, I mean, granted we had a longer day than anticipated. I
can’t support this, depending on how the Chair would like to support this, until we
hear for information. That is a lot of money without a plan.
ACTING CHR. EOFF: Ms. O’Hara.
MS. O’HARA: Again, this is something that we’re aware they’re submitting
grants. We didn’t know specifically what for or if we were going to get the grant
money, here we’re getting some of the grant money that we know they applied for,
but we don’t know what it’s being used for. We’re learning all this through the
newspaper instead of through the administration. We’ve learned they hired a new
th
Mass Transit Coordinator who is due in on January 18 from what I’ve read in the
paper, but we aren’t getting any information about this from the administration.
ACTING CHR. EOFF: Well, I think, we really only have a couple of options.
One, although it’s time sensitive, someone could make a motion to postpone this or
we could go ahead and vote on it, you know, but if it fails for any reason, it won’t
go to second reading. I don’t know to anyone has any comments or suggestions?
MS. DAVID: Chair?
ACTING CHR. EOFF: Ms. David.
MS. DAVID: You know, in their request for our action they said that it would be
for operational expenditures, but they don’t itemize it. So, you know, I think, I
would be kind of leery of moving forward with this without the information. So,
maybe we can postpone it.
ACTING CHR. EOFF: Mr. Kanuha.
MR. KANUHA: Thank you, but I also don’t want to risk losing this money. If it’s
time sensitive, they did it for a reason to get it on the Council. I completely
understand what Mr. Richards and Ms. O’Hara are talking about, but I totally
agree we need to get them in front here to see how this thing is going to move
forward. But, I do not want to risk four hundred thousand dollars of these monies
Page 69
Hawaiʻi County Council-28 December 20, 2017
that we desperately need. So, I’m going to move forward with it, I’m fine with
that and we can question them on it next time or any time. That is my feeling. I
will go with whatever the Council says, but that’s really my opinion right now.
ACTING CHR. EOFF: My staff has tried to call Mass Transit, but they’re not
getting an answer right now. So, I think I would agree with Mr. Kanuha. It might
be safest for us to go ahead and try to pass it onto second reading and get the
answers next time although, I know that makes some of us feel uncomfortable. If
we postpone it, I don’t know if there is a risk of losing the funds altogether.
MS. DAVID: Chair, that’s a good point that Mr. Kanuha made, and I think I
would prefer to send it through since they asked for this to be waived time
sensitive. So, that makes sense.
MR. RICHARDS: Thank you. I hear what the Council is saying. I don’t
disagree, but I’m bothered that the way this has come forth. So, I’m not going to
support this. And if the Council supports it, go forward, but it’s as much to say
that I’m not happy with the process.
ACTING CHR. EOFF: Any other comments? Ms. Lee Loy.
MS. LEE LOY: Someone from the department should have been here. And
everybody’s heard me say it, good information helps us make good decision. And
I feel like we’re being strapped over the barrel with this, not wanting to lose four
hundred thousand dollars, but if it was that important to the department to waive it
up somebody should have been here. So, I’m not going to support it moving
forward either and I think it goes a long way to alerting the administration when
they ask us to waive these things past Committee, they’re actually handcuffing us
with the opportunities to ask questions. So, they should be here. That’s where I
stand. I’m not going to support it at this time if the rest of the body wants to move
it forward, but I hope the administration is hearing me loud and clear. Somebody
needs to be here next time, because I don’t want to lose four hundred thousand
dollars, but they should have put more value in it and had somebody here. That’s
my position. I yield.
ACTING CHR. EOFF: Ms. Lee Loy and Council Members, I was just told that
Tiffany Kai is on her way to the chambers. So, would you like me to take a couple
minute recess until she gets there? Okay, I’m sorry, I’m going to have to go into
recess for a couple of minutes and as soon as Tiffany—Ms. Kai arrives, we’ll
readjourn—reconvene the meeting.
Recess: At 1:48 p.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 1:56 p.m.
Page 70
Hawaiʻi County Council-28 December 20, 2017
ACTING CHR. EOFF: Mass Transit Administrator Tiffany Kai is in Hilo. Oh,
thank you, there you are. Sorry about that, but we needed to get some clarification
on this agenda item. So, would you—do you need someone to ask a specific
question or would you like to just go ahead and introduce yourself and brief us.
(Note: At this time, Mass Transit Acting Administrator Tiffany Kai came
forward to address the members of the Council.)
MS. KAI: Okay, good afternoon, Council Members. Tiffany Kai, Acting Mass
Transit Administrator. Today, I’m here to allocate additional funds for our Mass
Transit Agency Federal grants. So, basically, for this fiscal year, we had budgeted
for this particular grant—let’s see, seven hundred thousand and the total amount of
the grant—well, excuse me, let me go back. We anticipated receiving just seven
hundred thousand dollars in this federal grant money. However, the total amount
of the funds came out to 1.1 million dollars. So, I’m here today to request that the
additional funds be put on the books.
ACTING CHR. EOFF: Okay, thank you. I’m going to go back to Ms. Lee Loy,
you were the last to have the floor. Could you ask your question?
MS. LEE LOY: Thank you, Chair. Thank you, Tiffany, for being here. So, I think
the question that came up prior to you being here was if it was time sensitive. We
understand this matter was waived up to Council. Could you express or share with
us, is there some time sensitivity with the exception of this funds, you know,
what’s the rush? And then, I think the bigger question posed by this body is what
is it going to be utilized for?
MS. KAI: Okay, so, to answer your second question first, the funds that we’re
receiving is coming from the Federal Transit administration and basically it’s a
standard grant that we receive. It’s noncompetitive. So, the 53-11 grant that we’ll
be receiving will be used for operations. With that, we did receive the
memorandums of agreements with the State Department of Transportation. So,
how the grant flows is we get it from the Federal then it flows through the State
and then through counties. So, the State has secured their agreement with FTA
(Federal Transit Administration). So, now we’re trying to secure our
memorandum of agreement with HDOT (Hawai‘i Department of Transportation),
because we’re in the process of getting that routed through. Then, the faster we
can get the monies allocated, get the memorandum of agreement executed, then we
can start spending down on these grant funds.
MS. LEE LOY: The other part was the time sensitivity question, because we’re
having it waived up. Is there a drop-dead deadline—like we need to execute these
things prior to the end of the year?
Page 71
Hawaiʻi County Council-28 December 20, 2017
MS. KAI: Well, we would like it to be. Well, the grant has a life of three years. I
know that the State is a little behind so we want to try and catch up. And the faster
we get the money, I believe we can make some improvements—much needed
improvements to our transit system.
MS. LEE LOY: Okay, and now, this four hundred thousand dollars is a larger or
part of a larger request. And I see Deanna nodding her head in the back over there.
Share with me what was the total request from grant and aid from this particular
program and where we are with this four hundred thousand dollars.
MS. KAI: Okay. So, backing up, we did budget only for our anticipated amount
of seven hundred thousand. So, with the additional four hundred something it
brings us to a total of one million one hundred nineteen thousand eight hundred
seventeen dollars to be used towards operations.
MS. LEE LOY: Thank you, Chair. I’m going to yield at this time, I know some of
my other colleagues had questions.
ACTING CHR. EOFF: Thank you. Ms. O’Hara?
MS. O’HARA: Thank you, Chair. And thank you, Tiffany, for coming in. I’m
still not hearing an answer to Ms. Lee Loy’s question about what the four hundred
and sixteen thousand additional dollars are going to be used for other than
operational expenses. We budget and we had a budget for our operational
expenses for Mass Transit, and this is a little windfall. We got more than the 700k
that was anticipated and that extra four hundred plus thousand dollars, all I’m
hearing is it’s going to be used for operational expenses, but what are those
operational expenses? Is it being used for salary, is it used for bus repair? What
specifically are we going to be getting with this additional little windfall of four
hundred and sixteen thousand dollars?
MS. KAI: Okay. So basically, what we can use the funds for is anything
operational, it can be salary, wages—should we need additional personnel for the
transit agency, it can also be used to cover our bus drivers contract, expansion of
routes, to cover electricity costs, those type of things.
MS. O’HARA: Well, I understand what it can be used for, and that’s great, but
what will we be using it for? I understand from reading in the paper that the
th
administration has hired a new Mass Transit Coordinator starting on January 18,
if I remember correctly. And I’m just curious because we had a failed attempt to
hire due to offering a very low wage level. Is this going to be used to compensate
that wage level over the next three years? What specifically is the plan for use of
these funds or is there no real plan at this point?
Page 72
Hawaiʻi County Council-28 December 20, 2017
MS. KAI: Well, ideally, I wouldn’t say it would cover the new administrator
salary because it has already been budgeted for but, ideally, we would like to use
the funds to expand our routes but of course as you know the situation we’re in.
So, we’re hoping we can use these funds to tidy up our system and use the money
where we can to improve the system that the community deserves. And I
apologize I don’t have an exact use for these funds, but one of the things in the
past that we have used federal moneys for is to expand routes and also if, you
know, the general fund perhaps maybe is starting to run low then we’ll be able to
tap into the federal funds so we can conserve on the County side and hopefully at
the end of the year there will be a fund balance.
MS. O’HARA: Well, thank you for the response. Is Deanna still there?
MS. LEE LOY: Yes.
MS. O’HARA: Okay, I see her coming up to the mic. Deanna, please explain.
We had a budget. We had budgeted for it hiring a Mass Transit Coordinator. We
found out that we pretty much lowballed that position to the point that none of the
applicants were willing to accept. So, we have increased the salary range on that.
And yet, when I’m asking for what we are going to do with this additional monies
I’m hearing what we can do with it, but I’m not hearing what we will be doing
with it in terms of any planning for this additional four hundred thousand.
(Note: At this time, Finance Director Deanna Sako came forward to
address the members of the Council.)
MS. SAKO: Deanna Sako, Finance Director. In general, when we get these
additional monies, it is like a noncompetitive whatever Tiffany called it and we’re
grateful for the funds. And we do use it to kind of supplement our exiting budget
sometimes if our fuel money is running short depending on the fuel prices. It can
be kind of used for anything, repairs and maintenance, all those type of things. So,
why we don’t have an exact plan we kind of use it to take over some of our other
costs. I don’t know if this is the same one but sometimes it’s taxi ride coupons and
other types of things. So, we make those available to the public especially during
the holiday season. So, I think Tiffany will be meeting with the new administrator
when she starts and they will be able to work out a better plan. But, we do
appreciate—yeah, just having the extra federal dollars.
MS. O’HARA: Well, of course, we always appreciate having extra federal dollars
but it’s the County Council that maintains the fiscal responsibility here, and I
really would like to be told that we are using these funds as efficiently as possible
and I’m not really hearing that. And it’s of concern, because there’s some things
going on with Mass Transit that call into question—just the whole fiscal
management of the department at this point in time, the way we are giving out taxi
Page 73
Hawaiʻi County Council-28 December 20, 2017
coupons, the way we are selling bus rides. There is fiscal accountability questions
at play here.
I’m really adamant that this piece be taken care of properly because we tied in our
County fuel increase to having a decent plan for Mass Transit and one that would
provide a much more better system for the public that is responsive to the needs,
especially in my district of Puna, as well as all over the island. And yet, if we
don’t show—if the administration is not showing that kind of responsible use of
funding, the Council seemed fairly committed to not increasing the fuel tax with
the two additional years that we looked at increasing it by two cents next year and
two cents the year after. So, I’m coming back to this point where we need to see
that the administration is demonstrating good fiscal oversight for not only Mass
Transit but also for our Highways Division, but in particular Mass Transit. And
so, I’m happy that we’re getting the additional money but just opening the coffers
and say we oh great, we got another four hundred thousand gives me cause for
concern, because I’m not really hearing that we have a sound and reasonable plan
to spend that money.
MS. SAKO: I think we still have a lot of things in progress. And with the new
administrator, you know, coming on I think they’re not sure exactly what the
direction is going to be yet. So, they haven’t, you know, penciled out every single
dollar but, you know, we also have the Mass Transit plan that is supposed to be
coming to us later this year as well, in the next six months or so. So, these dollars
would still be available to implement that plan as well.
MS. O’HARA: Speaking of that Mass Transit master plan, that was supposed to
be delivered in 18 months from its execution, which was July of 201l, I believe.
So, did we do an extension to that contract? You’re talking six months out from
now, we will see the Mass Transit master plan, did we extend the time line on that?
MS. KAI: Yes, we did. While we were working with the consultants they had
asked for additional time so if we could extend the contract in which we did. So,
they’re just about done completing or they’re still working on the first draft of the
master plan. So that’s expected to come out in January 2018, and then everyone
will have a chance to review the draft plan and we’ll go back into the communities,
again, for another round of community meetings for input as we present the draft
plan.
MS. O’HARA: Well, thank you for that information. I’m glad you were able to
share that. That does mean that we will not likely have the Mass Transit master
plan when we go through the budget process. Thank you, I yield.
ACTING CHR. EOFF: Thank you, any other questions? Mr. Richards.
Page 74
Hawaiʻi County Council-28 December 20, 2017
MR. RICHARDS: Thank you. I guess I started this, so. Tiffany, I do appreciate
you coming forth and talking story and giving us a little bit of insight, but, again, I
have to echo my Council men and women’s concerns as far as a very fuzzy plan.
I’m not really understanding where the funds are going to be spent. I find it real
hard, especially in light of the criticism that Mass Transit has taken in the last year
since we have been on Council, but I do understand having the fiscal resources
available as we move the thing forward. I would ask that we have—I’m pretty
sure that this will probably pass first reading. I will ask that we have a tentative
plan and a scope of what this extra four hundred thousand dollars will be used, not
might be used for, but will be used for in enhancing, because I don’t think we’re
going to make any big changes until the new director comes on board and we have
that five hundred thousand dollar review before us. So, I would like to see a plan
for this four hundred thousand dollars, at least a tentative plan, so I have an idea
where that money is going to be spent. So, with that, I’ll yield.
ACTING CHR. EOFF: Thank you, Mr. Richards, any other comments or
questions? Mr. Chung.
MR. CHUNG: Yeah, thank you. You know, I’m going to be voting for this, of
course. It’s free money, but I think reflected in the comments of my colleagues is
really a lack of confidence in the Mass Transit program, sorry to say, whether it’s
warranted or not. By the way, where is the Mayor’s consultant? Mr. Sharp?
Wasn’t he supposed to straighten out stuff? Is he still on board?
MS. KAI: No, his contract ended.
MR. CHUNG: Okay, but, yeah, things haven’t been going well over there of late.
I will say this, it’s really in response to a comment made earlier about the fuel tax
increase. I don’t think that the fuel tax increase was intended really to dramatically
improve the Mass Transit program, you know, it was more for roads and getting
our roads up to speed. Really, the only—and I’ve said this before, but I’m not
going to pursue it because it seems that we don’t have the resolve to move ahead
on this, unfortunately in my estimation, is the increase in the GET (General Excise
Tax) and that would really help out our Mass Transit system. Perhaps, just in the
short term, I mean it’s not going to be a sustainable thing because it expires in
about 20 years, but it would really give our Mass Transit system a shot in the arm
that it needs. When you’re talking about an infusion of 22 million dollars, that’s
what we need, but blown opportunity in my estimation. That is commentary and
people may disagree with that if they want to, but this is the way we can really
help our underserved population throughout the island, allowing them to get to
much needed services. Kauai County just passed it 6 to 1 vote, I think. Maui
County is now looking at it, only Hawai‘i County, you know, we’re standing fast
because we’re a poor island. So, it’s just my thoughts.
ACTING CHR. EOFF: Thank you, Mr. Chung, any other comments?
Page 75
Hawaiʻi County Council-28 December 20, 2017
MS. LEE LOY: Thank you. Tiffany, I know it doesn’t feel good sometimes—I
think Mr. Chung summed it up. It’s a lack of confidence. If you could just be a
little bit more mindful of that, we’re looking for some measurables so that when
we get these types of requests, we want to understand why. I don’t think any one
of my colleagues have given up on wanting to help, but we need a plan and I know
there’s a number of moving pieces. I requested the audit, there is the Mass Transit
plan and just a lot of moving pieces. But, if somehow you could start to get us in a
lane where we know where we’re going. We want to help, but we need a plan
even if it’s just some goals, you know, get a new bus, pay for a new salaried
position, whatever, just something we can start shooting for. We are coming up on
another budget cycle and we raised taxes, fuel tax, this is all going to become very
sobering for the rest of my colleagues in a few short months here because we’re
going to be asking the same questions we asked a year ago. And we’re going to
want to know what kind of progress did we make. And when we raise taxes, what
did our constituents get? So, please, if you could just be mindful of that and by
second reading, some back of the envelope information about where this money
could be best utilized and make the department efficient.
MS. KAI: Absolutely.
MS. LEE LOY: I yield.
ACTING CHR. EOFF: Thank you, Ms. Lee Loy. Ms. O’Hara had another
comment or question.
MS. O’HARA: Yeah, another comment, Mr. Chung referred to the fuel tax
increase as not being directly for Mass Transit, yet it is to be used only for roads
and Mass Transit. And when we had that discussion back in budget time we were
very emphatic with the administration of demonstrating they have good plans to
move forward; not only for highways but for mass transit expansion. While you
bring up the GE (General Excise) tax increase, that was a discussion at the HSAC
(Hawai‘i State Association of Counties) meeting here yesterday, Hawai‘i
Association of Counties where Kauai explained their approach. They did approve
to a half cent increase to their GE tax, but they’re rolling back on their fuel tax and
their weight tax as a result, which will end up increasing the amount of money that
they have to spend on roads and mass transit. It is difficult, absolutely difficult, for
the County of Hawai‘i to consider that following the tax increases that we had to
consider to balance the budget last year, which was not only fuel tax increase but
property tax increase. Yet, we’re only given until March of 2018 for that
consideration on the GE tax. So, I would encourage Mr. Chung if he feels that
strongly about having that discussion, to bring forward a measure so we can have a
discussion at the Council as to what directions are best to go, who is most
impacted. Fuel taxes paid by our local residents, weight taxes are paid by our local
residents. GE Tax increases are spread out over not only our population but our
Page 76
Hawaiʻi County Council-28 December 20, 2017
tourists as well. So, there is merit in having that discussion and that is all I have to
say. Thank you.
ACTING CHR. EOFF: Thank you, are there any other comments Council
Members? Mr. Chung.
MR. CHUNG: Yeah, you know, I’m getting kind of sick of people, you know,
misquoting me. Over the last several weeks, I’ve been misquoted or some of my
statements have been mischaracterized. I didn’t say that the fuel tax monies or the
fuel tax increase can’t be used for Mass Transit, we all know it can be. I said, it
wasn’t intended to provide the necessary resources we need to give the shot in the
arm to the mass transit system. Now, I think I stated in the newspaper when we
talked about the GET that if we implemented this GET, we could look at a
corresponding decrease in the real property taxes, because right now, it’s only the
real property owners who are bearing the burden of many of these programs.
Right now, the general fund is subsidizing the mass transit system to the tune of
about seven million, maybe just a little short. We could free up that money or
relieve the real property owners of the burden we placed on them during this past
budget session. And, with regard to me introducing something or advancing
something, I supported it last time during an election year and nobody else—well,
Mr. Onishi is the one who advanced the resolution but it was just him and me
against the world. So, I stated in the paper, I’m not going to waste my time on this
thing already unless I hear it very clearly from the leadership, from both the
Council and the Administration that they’re serious about this thing. And if
they’re not serious or they don’t want to pursue it, then, far be it for me to bring
this thing up again. I don’t want to get cracks for nothing. Thanks.
ACTING CHR. EOFF: Thank you, Mr. Chung. I’m going to go ahead and ask for
a vote on Bill 87. All in favor, please say “aye.”
Vote on Bill 87: The motion to pass Bill 87 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O’Hara, Poindexter, Ruggles, and
Acting Chair Eoff – 8.
Noes: Council Member Richards – 1.
Absent: None.
Excused: None.
ACTING CHR. EOFF: Bill 87 will advance to second reading. Council
Members, before we adjourn this meeting, this is the last meeting of the year and I
wanted to take this opportunity to thank everybody, not only my fellow Council
Members but our staff, administration, everyone, for a fairly productive year and
learning to work together. I also wanted to wish our community and all of our
Page 77
Hawai`i County Council-28 December 20, 2017
constituents a very happy and safe holiday season and a healthy new year. Thank
you very much. I am going to ask for a motion to adjourn now.
REPORTS: The Acting Chair directed the Council to proceed to the next order
of business, Reports.
(There were none.)
REFERRALS FOR The Acting Chair directed the Council to proceed to the next order of business,
EXECUTIVE Referrals for Executive Session.
SESSION:
(There were none.)
OTHER The Acting Chair directed the Council to proceed to the next order of business,
BUSINESS: Other Business.
(There was none.)
ANNOUNCE- The Acting Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
(There were none.)
ADJOURN- There being no further business, at 2:20 p.m., Mr. Richards moved to adjourn
MENT: the meeting. Seconded by Ms. David and carried by the following voice vote:
Ayes: Council Members Chung, David, Kanuha,
Lee Loy, O'Hara, Poindexter, Richards, Ruggles,
and Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
ACTING CHR. EOFF: This meeting is adjourned.
Council Approval: FEB 0 7 2018
CO TY CLERK
SM/slm
Page 78