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HomeMy WebLinkAboutMIN COUNCIL 2016/07/07 2014-2016 Hawaiʻi County Building th 45 Session Hawaiʻi County Building 25 Apuni Street Hilo, Hawaiʻi July 7, 2016 INVOCATION: Pastor Charles Kama of Hale Pule Keola Ho, gave the morning’s invocation. CALL TO The regular meeting of the Hawaiʻi County Council was called to order at ORDER: 9:02 a.m., in the Council Chambers, Hilo, by Mr. Dru Mamo Kanuha, Chair. ROLL CALL: Present: Mr. Dru Mamo Kanuha, Chair Ms. Valerie T. Poindexter, Vice Chair Mr. Aaron S. Y. Chung, Member Ms. Maile “Medeiros” David, Member Ms. Karen Eoff, Member Mr. Greggor Ilagan, Member Mr. Dennis “Fresh” Onishi Member Mr. Danny Paleka, Member Ms. Margaret Wille, Member CHR. KANUHA: We do have two Eagle Scouts Awardees that I’d like to have come up here and if you could stand, and lead us into the Pledge of Allegiance. We’re all going to stand up anyways. PLEDGE OF The Chair directed the Council to the next order of business, Pledge ALLEGIANCE: of Allegiance. (At this time, Jon Brandon Baca and Steven Barrett Baca led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, MEMORIALS Petitions, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERITS, AND (Note: At this time, Mr. Paleka presented a Certificate of Merits to Eagle EXPRESSIONS Scout Awardees Jon Brandon Baca and Steven Barrett Baca for OF CONDOLENCE: Prestigious Eagle Scout Honors serving 12 years.) MR. PALEKA: Chair, could we take a brief recess for some photos? CHR. KANUHA: Sure we’re in recess. Hawaiʻi County Council-45 July 7, 2016 Recess: At 9:14 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:16 a.m. CHR. KANUHA: Okay. We are coming out of recess. Next up we have Mr. Chung for his Certificate presentation (Note: At this time, Mr. Chung presented a Certificate of Merit to Kayla Araki, recipient of the 2016 Hawaiʻi High School Athletic Association’s State Judo Championship.) Recess: At 9:25 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:28 a.m. CHR. KANUHA: Okay, we are coming out of recess. Mahalo, Mr. Chung and Mr. Paleka, for your certificates. Next on the agenda items we have Approval of Minutes. Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following items were taken out of order. APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. Vote on Motion to Ms. David moved to approve the minutes of June 3 and Approve Minutes July 1, 2015. Seconded by Ms. Eoff was carried by the (Approved) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. On to oh, Statements from the Public. We can do Statements from the Public on Agenda Items. Return to Order The Chair directed the Council to return to the order of business. of Business: Page 2 Hawaiʻi County Council-45 July 7, 2016 STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Harry Kim: Res. 548-16 (Comm. 918), in opposition. Joseph Kamelamela: Res. 548-16 (Comm. 918), in opposition. Thomas Fine Sr.: Res. 534-16, Draft 2, (Comm. 143), in support. Genevieve Anderson: Res. 534-16 Draft 2, (Comm. 143), in support. Diane Kanealii: Bill 210 (Comm. 889), in opposition. Pat Engelhard: Res. 548-16 (Comm. 918), in opposition. Kuʻulei Arceo: Res. 548-16 (Comm. 918), in opposition. Robert Gierke: Res. 548-16 (Comm. 918), comment. (Representing the Hawaiʻi County Band) Paul Arceo: Res. 548-16 (Comm. 918), comment. Sandra Sato: Res. 548-16 (Comm. 918), in opposition. Ingrid P. Dean: Res. 548-16 (Comm. 918), in opposition. (Representing the Hawaiʻi County Band) Lloyd Taira: Res. 548-16 (Comm. 918), in opposition. Christian Wong: Res. 548-16 (Comm. 918), in opposition. Avery Wong: Res. 548-16 (Comm. 918), in opposition. Anthony Adams: Res. 548-16 (Comm. 918), comment. Stephen Palmore: Res. 548-16 (Comm. 918) in opposition. Jenifer Tsuji: Res. 548-16 (Comm. 918), in opposition. Page 3 Hawaiʻi County Council-45 July 7, 2016 Howard Oshiro: Res. 548-16 (Comm. 918), in opposition. (Representing the Hawaiʻi County Band) Wendell Leite: Res. 548-12 (Comm. 918), in opposition. CHR. KANUHA: Being that was the last testifier, is there anyone else wishing to testify at this time? Please let me know, here in Hilo or in the outer sites. I will close Public Testimony and move on with the agenda. But before we move on I do want to take a brief recess and come back. Council Members it’s okay brief recess? MR. ILAGAN: Mr. Chairman? CHR. KANUHA: Mr. Ilagan? MR. ILAGAN: Can we also take resolution regarding the band out of order? CHR. KANUHA: I was planning to do that. MR. ILAGAN: Thank you. CHR. KANUHA: So we are in recess. And we will come back to discuss this issue. Thank you. We’re in recess. Recess: At 10:17 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 10:47 a.m. CHR. KANUHA: We are coming out of recess. Mahalo, for being patient with us. COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. (There were none.) CHR. KANUHA: Mr. Clerk, if we could start with Resolution 548-16. Change Order As directed by the Chair and with no objections from the Council Members, the of Business: following items were taken out of order: Page 4 Hawaiʻi County Council-45 July 7, 2016 Res. 548-16: DIRECTS THE CLERK OF THE COUNTY OF HAWAI‘I TO TAKE NECESSARY ACTION TO PLACE THE CHARTER AMENDMENT PROPOSED BY ORDINANCE NO. 15-81 ON THE 2016 GENERAL ELECTION BALLOT Directs the Clerk to place a ballot question for Ordinance No. 15-81, relating to County bands, on the 2016 General Election ballot for approval by the voters of the County on November 8, 2016. Reference: Comm. 918 Intr. by: Mr. Kanuha Motion to Approve: Mr. Onishi moved to adopt Res. 548-16. Seconded by Mr. Ilagan. CHR. KANUHA: Before I give the floor to Mr. Onishi, I kind of want to give a little direction to the Council on where we want to go on debate purposes. Again, this ordinance was passed and voted on by the Council last year in August, and signed by the Mayor. We have had ample discussion about the merits of that bill, and what encompasses the contents of that bill. Currently today on the floor is a question that is being sent to the Clerk to put it on the ballot. How we move forward, Council, is I’m going to try and stay away from the actual contents of the Charter amendment. If you’d like to discuss the merits of this resolution, and how we move forward with that, that’s the question before us right now. If we’d like to go in that direction, I’d really appreciate it. And I’m going to keep everybody towards that specific direction, because that’s what we have currently at the table. Ms. Wille, any confrontation? MS. WILLE: Yeah, and what if we disagree with that approach? Just so you’re not calling us out of line. CHR. KANUHA: You can disagree with it, but I’m going to keep you to the actual question that we have before us. You know, my job as Chair is to try to keep everybody towards what is currently on the table. And there is the actual resolution that’s before us, putting a certain measure that was passed by the Council onto directing the Clerk to put it on the ballot, to be voted on by the public. MS. WILLE: Okay. Then as a point of information, what’s the impact if we vote against this? CHR. KANUHA: That’s up for discussion. MS. WILLE: The impact is up for discussion or there’s a— Page 5 Hawaiʻi County Council-45 July 7, 2016 CHR. KANUHA: Yeah. Absolutely, that’s part of the question of debate. On what happens if we vote for this, and what happens if we vote against this. MS. WILLE: Okay. Before we discuss that maybe we could have a little input. CHR. KANUHA: You can say why you’re going to be voting against it, or for it. MS. WILLE: Okay. CHR. KANUHA: Again, this resolution that’s before us is just a simple housekeeping matter. Anything that was passed by the Council for Charter amendments shall be put by resolution through the Council on directing the Clerk to put it on the ballot. That’s just how it is. This isn’t on the merits of why we voted for the bill previously, you know, all the different reasons why. I just kind of want to direct the Council towards that. Mr. Onishi. MR. ONISHI: Thank you, Mr. Chair. Can I have Molly to come up? (Note: At this time, Corporation Counsel Molly Stebbins came forward to address the members of the Council.) MS. STEBBINS: Good morning, Chair Kanuha and members of the Council. Molly Stebbins, Corporation Counsel. MR. ONISHI: Molly maybe you can explain to the Council Members, and to the public of what is this process that we’re doing right now. And maybe explain like if we say don’t vote for it, or if we vote for the reso, what happens. MS. STEBBINS: Okay. As Chair Kanuha mentioned, what’s before the Council today is a resolution directing the Clerk to put the language contained in Ordinance 15-81 on the ballot. It’s essentially just a procedural matter that’s pursuant to language in the Charter. Whenever there is a Council initiated Charter amendment, or also a voter initiated Charter amendment, the Charter provides that the Council shall by resolution, direct the Clerk to put the language on the ballot for the voters to decide on. That’s what this resolution does. The actual ordinance of course, was already voted on last August and September. MR. ONISHI: Okay, so if we say don’t approve the resolution that goes to the Clerk, then what happens? MS. STEBBINS: Okay. I had some discussion with the Clerk’s Office about that, and honestly that’s a good question. We don’t have a really good answer for you today. I think the resolution is before you, you have a choice in how you vote on it. However keep in mind that when the ordinance to amend to propose a Charter amendment was passed, it had to go through three readings, and pass by Page 6 Hawaiʻi County Council-45 July 7, 2016 two-thirds majority. If you could affectively defeat that ordinance by now not passing the reso, which is just a procedural mechanism to direct the Clerk’s Office to put it on the ballot. I think that’s setting a really bad and dangerous precedent, by extension, if you could just not pass this resolution, and therefore not have the question submitted to the voters. You could conceivably also do that with a voter initiated Charter amendment, because similarly you’re required to by resolution direct the Clerk to put the language on the ballot. So not passing the resolution puts the Clerk’s Office in a really bad position as far as how to proceed. We already have passed this ordinance that initiates the Charter amendment. If you were not to pass this resolution, I don’t know exactly what the result would be. But it sets a bad precedent to attempt to defeat the ordinance that was already passed in such a manner. MR. ONISHI: The other question is, what if we postponed it to the call of the Chair? MS. STEBBINS: Well again, you have this ordinance that’s initiating a Charter amendment to go on the 2016 ballot. So I guess I would caution you on using that kind of legislative mechanism, to defeat something that this Council, this body did pass through three readings and two-thirds vote. MR. ONISHI: You know, why I mentioned that is just that listening to the testimony today. It’s like there’s a lot of information that I guess was to me misinterpreted. So because of our rules and because of our situation with this resolution, now we cannot explain why this amendment was done. That way it would clarify to the public on what the intent was. That’s why to me, if the Chair could make this a short leeway where we could kind of drift off a little bit from this resolution. Or maybe take a recess, and I could explain to the public without Council Members here on what had happened. Point of MR. CHUNG: Mr. Chairman, just point of information, personal privilege. Information: CHR. KANUHA: Mr. Chung. MR. CHUNG: I think it might be best if Mr. Onishi was given some latitude to explain the genesis of this whole measure. I mean he’s the introducer, he should explain it. And then we go from there, at least we have a better understanding of what’s going on. CHR. KANUHA: Okay, thank you, Mr. Chung. I was going to do that in the first place. What I don’t want to get into is it going from Mr. Onishi and everybody else explaining the whole reason behind why we voted for it and the merits for the Page 7 Hawaiʻi County Council-45 July 7, 2016 actual ordinance itself and all of the contents of that. I don’t want to set a bad precedent, because if I give Mr. Onishi that, I’m going to give it to everybody else. Point of MS. POINDEXTER: Point of clarification. But I still can say, why am I Clarification: not supporting or supporting this. Which will give me some leeway on explaining why I’m not supporting it. That could be— CHR. KANUHA: Yes, if you have a reason why you’re going to support this resolution or this ballot question being sent to the Clerk to put it on the actual ballot, in favor of or against that. I mean you can definitely explain your reasoning behind that. Mr. Onishi still has the floor. MR. ONISHI: Thank you, Mr. Chair. But the thing too is if you vote against the resolution, like Ms. Stebbins was saying, it might hurt the process. Because it kind of states in there we shall—what was the wording in there again? MS. STEBBINS: The Charter provides that the Council shall by resolution provide that the proposed amendments be submitted to the electors of the County for approval at the next General Election. MR. ONISHI: And then what happened is that we went through the whole process of those four readings with everybody voting unanimous. We could possibly vote against the reso, but now what does it say? I’ll yield at this time and see what happens. CHR. KANUHA: I know Mr. Chung and Mr. Ilagan were fighting for first place. Mr. Ilagan. MR. ILAGAN: Mr. Chung, do you want it? I do want to speak, you were the first one to be recognized. MR. CHUNG: Yeah. CHR. KANUHA: Mr. Chung. MR. CHUNG: Going to make statements at the risk of having the Chairman get all angry at me. I think it’s inescapable. We have to somewhat touch upon the merits of the underlying legislation. Cannot help it, I’m going to try and keep it real brief Mr. Chairman, because I’m going to be voting either against this measure today, or to possibility postpone it. It doesn’t have to go on the ballot this time, because maybe we can tweak the language. Instead of taking out, you know, reference to the County Band all together, we can change some language. Keep the County Band in there, but change some of the language in there to make it consistent with what we’re trying to achieve. That’s just my thought. Page 8 Hawaiʻi County Council-45 July 7, 2016 You know, it’s real interesting listening to everybody here, because as legislators or decision makers we have to look at all perspectives. And the three perspectives that I really saw, you know, one that maybe escaped all of you, or two that may have escaped all of those people who are supporting the band, as one County we have to look at things from a fiscal standpoint too, yeah, if something is not needed maybe it’s got to be removed. That’s one perspective, I’m not saying I subscribe to that perspective. But it is something that we have to look at as responsible decision makers. The other one is that it was a housekeeping matter, and I really believe that was what Mr. Onishi’s intention was. I don’t want to put words in his mouth, I’m not too sure but I think that’s what it was, to make things be consistent with State law. But the last perspective is the one that you guys all made real clear to all of us. And you know, I had some telephone conversations with some of you yesterday. It was very educational and enlightening. Given the background, I don’t think any of us were here except for Mr. Onishi when there was a move to get rid of the band around 2008-2009. I think that for lack of better phrase, you know, you created a lot of PTSD (Post-Traumatic Stress Disorder) on the part of the band members. It was a bad experience, you know, I wasn’t around. But I was around back in 1999 or 1998 when a similar move was made. The Council fought very hard to restore the funding for the band, that’s how I know Mr. Leite. I don’t know if he’s still around, but he still looks the same as he looked back then 20 years ago. And he has that same amount of advocacy for the band. I think the band members were really on a heightened state of alert. And you know, you heard the word “agenda” a lot of times, you know, is there an agenda. They were really concerned, I just sensed it. You know, it’s funny. Harry Kim was here earlier, and he’s the guy who 30 years ago who told me it’s not what you do, but how you do it. I think the way this thing went about was not really done well, because it’s only now that I understand that our Band Master Mr. Arceo wasn’t even involved in any of this. He wasn’t even notified, he only found out from reading the newspaper. You would think that something that affects them, and have them being on this heightened state of alert would make them at least be part of the process, yeah. I disagree respectfully with the Corporation Counsel’s argument that it sets a bad precedent. The reason for that measure that would be a slap in the face of the voters, if we were to say “No, doesn’t go on the ballot.” But we’re the guys who passed this thing. We’ve gotten new information, it’s too late for us to reconsider it. So this is our only avenue, and it’s a real important thing. You know, a lot of people talked about the importance of the arts here. Yeah, I mean technically speaking we don’t have elderly activities in the Charter. We don’t have all these important measures in the Charter, or departments or Page 9 Hawaiʻi County Council-45 July 7, 2016 sub-departments in the Charter. But there’s something real intrinsic about the County Band. This thing was there from the time that the framers of the Charter developed in 1969 I think. They must have seen some reason for its importance to be in there, to occupy a special place in the Charter. I just think we should give deference to them, so maybe a better way to go is hold off on it. I don’t know what the will of this Council is, but I’m going to just see if you guys want to vote no. I’m certainly in favor of that. You guys want to postpone it, I’m in favor of that too for the purpose of tweaking language, but keeping reference of the County Band in the County Charter. Thank you. CHR. KANUHA: Thank you, Mr. Chung. Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chairman. I just want to first mention, I know you’re trying to make this process as civil as possible. Also at the same time I believe we do need to mention that for my position regarding Resolution 548-16, I want to make sure that people understand that I firmly support the band. I want to make sure that everyone knows I will be opposing Resolution 548-16. And the reason why is because, Mr. Chung explained it, this is pretty much our final action. And if we don’t do anything here with the new information that we received—because initially I voted for it because I thought it was a housecleaning bill. And we’re doing something good for the band. Now, knowing that there are unintended consequences if we remove and repeal that part of the Charter. I just want to also mention, looking at the past budget, that we did increase the band’s funding. I’m looking at it right now, it’s on the salary and wages. So I voted for it because I thought that we were making sure that the band was okay. I also did not understand that the introducer didn’t talk to not only the band members, but the band master. To me, I’ve always been advocating for having the process of getting input from the people who are affected. So I’m a bit—and I wasn’t sure. Mr. Onishi, did you contact the band? MR. ONISHI: Just to clarify, when I started to look at this, and it happened where I just was looking in the Charter book. I contacted Parks and Rec, and I asked them for their opinion. Then from there I also asked Corp. Counsel for their opinion before we did anything. So I was hoping that Parks and Rec would have talked to the band master, because that’s their responsibility. So I gave them the opportunity to respond back to me, and what they felt. MR. ILAGAN: And it should be even my duty to go and talk to the band, because this came before me. I should have gone out to talk to the band members, but I didn’t do that. Now with the new information that I got, I feel there is no mention regarding the County Band or a County Code. Now the only thing, that the band is mentioned is in our Charter. If we eliminate that outright passing this resolution, technically the band is not even in existence other than on our budget. Page 10 Hawaiʻi County Council-45 July 7, 2016 I think what we should do, and I’m proposing this as a solution, is not only to oppose Resolution 548-16, but also introduce legislation to appeal Ordinance 15-81. Due to the fact that it has passed the Council and signed by the Mayor, it’s law. We should know what the process to repeal laws, and we should start with Ordinance 15-81. I want to bring our Deputy County Clerk who deals mostly with that process, Mr. Henricks. Are you available? While Mr. Henricks is getting situated, for one thing I just want to thank all the testifiers who came, because without your testimony I would have had the same mindset that I had before. And now I’m glad that you gave me some insight, because I recognize that I should have done a little more research regarding this issue. Mr. Henricks, I wanted to ask you a question on how to repeal ordinance if a Council Member were to go about that matter. MR. HENRICKS: Jon Henricks, Deputy County Clerk. In repealing Ordinance 15-81 specific to this, we probably would have to look—I don’t recall an ordinance to propose a Charter amendment ever being repealed, so we’d have to look into that. Off the top of my head I would think it would take the same circumstances as it took to pass it, so three readings, super majority. So that certainly will take some time to accomplish. Without looking into anything further, a simple ordinance repealing Ordinance 15-81, you know, one page. But under the circumstances three super majority, goes to the Mayor, comes back, and now it’s the ordinance that has standing. MR. ILAGAN: I agree with that process. And just to clarify, we do have time to go through all those readings, till November, is that correct? MR. HENRICKS: Except that we’d have to provide the ballot question by August 25. So that’s kind of the conundrum that we’re in there. MR. ILAGAN: Okay. That conundrum I believe can be really justified on the first reading. If it doesn’t go through the first reading on that appeal, most likely—I’m just saying this is one of those things that I am foreseeing is that, if we don’t approve it on the first reading, yeah it’s not going to go through. But if it goes through the first reading most likely it’ll go through the first, second, and the third, and hopefully it’ll get repealed. The reason why I’m proposing this is because we have now a bill that made into law. We should do something about it, instead of just opposing Resolution 548-16. We should also repeal the ordinance, and I feel this is a fair process of what we have done. I want to urge our Council Members to oppose this, because there are unintended consequences that I never saw and I hope Council Members also see it now. And leaving it in the Charter, I feel is a wise Page 11 Hawaiʻi County Council-45 July 7, 2016 choice regardless of maybe contradictions on State laws. We had passed legislation in this body contradicting State laws, and I’m just going to yield at this time. Because I have spoken too much, but thank you. CHR. KANUHA: Ms. Wille. MS. WILLE: First I want to say, I resent the statements made by Corporation Counsel, the sponsor, and even the Chair. Going back that we all passed this and had three readings, and that therefore— Point of CHR. KANUHA: Point of Clarification, Ms. Wille. It was just a— Clarification: MS. WILLE: Okay, Okay. CHR. KANUHA: What the process was. MS. WILLE: Let me finish, and then you respond. CHR. KANUHA: No. I’m clarifying to what you said. Okay. MS. WILLE: Okay, I got that. CHR. KANUHA: I stated that this did go through three readings. MS. WILLE: Yes, I heard that. CHR. KANUHA: Was passed by the Council, and signed by the Mayor. MS. WILLE: Yes, I heard that. CHR. KANUHA: Okay. MS. WILLE: Okay. My point is that it was as a housekeeping matter. And that was what was said. When we hear that something’s a housekeeping matter, I don’t expect to then be going out and investigating it. And I also think in terms of the sponsor, who tends to be a real stickler. Have you checked with people? Well maybe somebody else should do it. So I just want to make it very clear that this was done as a quote, unquote housekeeping matter, we were bringing this up to date to what the current practice is. That’s how we did it. I don’t go to a certain amount of trust that, that’s the case. As I read the version here of what we’re doing, it says the Council “shall.” So we’re acting like this was Council Member Onishi’s bill. But it’s under the Chair, because I’ve another Charter amendment coming up right after this. It’s not Margaret Wille, it’s the Chair. Page 12 Hawaiʻi County Council-45 July 7, 2016 I think that if the entire Council as a whole votes it down, then that removes that action of the Council. I think that every member here should vote it down. If you read there it’s the Council, it’s not a vote or majority vote or whatever it is. So I think we just all vote it down, and deal with how we figure it out. And you all can figure it out. But we all came to our vote based on a misstatement, and misunderstanding of what the intent was. Regardless, I’ll be voting against it, I mean obviously it shouldn’t go up. And let all of our lawyers figure it out, what the proper process is, and just move on. Vote on this, and not dilly dally. Okay. CHR. KANUHA: Thank you, Ms. Wille. Ms. Poindexter. MS. POINDEXTER: I’ll be supporting a postponement on this, and then we can look at pushing forward some kind of other amendment to it or repeal. I would say amendment to it, because the reason for this, and this is my understanding and why I think most of us voted for it, it was that the County Charter was in conflict with the State Civil Service Law, and that the language being removed is in conflict with Hawaiʻi Revised Statues provisions regarding civil service. The bill will bring the language consistent with the current practice and what State Civil Service Law requires. So that’s what we, and that’s why I was voting for it. That was real clear, because we we’re trying to clean it up so that we’re in compliance. Because we’re not right now. How do we make that better? Maybe it is amending it at a later time, and that’s why I’m saying I would prefer to support a postponement and not vote against this whole process, which may cause more setting precedence. Or I don’t know more—I think you kind of explained it. Can you explain that again on why it would be difficult when you talked about voting against it and not passing it through? MS. STEBBINS: I just cautioned the Council that essentially if you take the position, you can defeat this bill by not passing the reso. It’s almost like giving the bill that had to go through three reading and passed by two-thirds vote, a fourth reading that can be defeated by just not passing this resolution. So you have resolution defeating an ordinance. MS. POINDEXTER: Right. I totally agree with that. So I hope the public understands why I’m not supporting say “no.” But I would support the postponement definitely. I know it’s still going on a slippery slope, but it’s a better slope than voting it down, because of exactly what she said. We can have a bill come through and then later on say hey you know what, we voted for the bill. And the Mayor signs, and that whole process means nothing. Basically voting it down says that process was nothing. And I’m not just talking about this situation, I’m talking about the process of getting an ordinance through. That’s why I would love to support a postponement at such time after everybody speaks, I don’t know if I would make the motion or someone else is willing to make that motion. I don’t want to vote it down, I Page 13 Hawaiʻi County Council-45 July 7, 2016 support a postponement. I’m not saying I’m going to vote “yes” on it, if we’re forced to do it that way. But I’m just saying the reason why I’m saying, I need to support a postponement. Thank you. CHR. KANUHA: Ms. Eoff. MS. EOFF: Thank you, Mr. Chair. I’m willing to support a postponement, because it seems like if we don’t authorize the Clerk to go forward with enough time then it just lingers. It won’t go to the ballot. Bill 62 that we passed, to me it just doesn’t really change the law anyways, because it was just to propose a Charter amendment. So we can’t enact that anyways, so it’s just sitting there also in limbo. I think that might be the safest thing to do. Later on maybe we can go back to Mr. Onishi’s original intent, which was to bring us into compliance, which should have been his draft one. We should have stuck with that I believe. Draft one would have been acceptable to the band members as well, because it just protects their status under civil service as members. And yet the band would still be mentioned in the Charter, as being a part of Parks and Rec. To me, I don’t really recall how we got from draft one to draft two. I remember having a question and then I think I too was either not fully comprehending, or just feeling confident that all we we’re doing was housekeeping to do just that. Now that I have heard from everybody, and I feel like my fellow Council Members, we don’t want to do anything to jeopardize the County Band. So to me maybe the postponement is a good idea. I’m willing to vote “no” too if that’s the will of the Council on this resolution. CHR. KANUHA: Ms. David. MS. DAVID: Mahalo, Chair. First of all, I really want to thank the members of the band for coming out this morning and taking the initiative to come and make us aware that we basically have given all the reasons that my fellow Council Members have stated. We made a mistake on this one. Thinking that it would be a housekeeping issue that did not have any negative ramifications, so I appreciate all your testimonies this morning. My position will be to support a postponement and if need be, I’ll vote “no” if it has to go forward. I think what Ms. Eoff said is that first version that Mr. Onishi had submitted, I think it’s something that we all assumed this was going to be at one point. If we postpone this, I want to make sure that it doesn’t reflect badly on the responsibilities of the County Clerk’s Office also. Because they’re bound by the law to proceed with the Charter amendment regardless. I’m not sure how much time we have, and I don’t want to talk about those kind of things. If we postpone this, then maybe the Clerk’s Office and Corp. Counsel can figure out a way on how we can amend this in the interim and submit something the people Page 14 Hawaiʻi County Council-45 July 7, 2016 would want and keep that Charter language about the County Band in our Charter, and fix the problem with the civil service. I will be supporting the postponement, and if it goes to a vote I would have to not support it either. Thank you. CHR. KANUHA: Mr. Paleka was up next. When you’re ready. MR. PALEKA: Thank you, Mr. Chair. In supporting this measure, for myself of course it was always for benefits. The civil service advocate extraordinaire. After hearing testimony today, it’s become obvious there may have been a lack of communication. Oh, there was a lack of communication. To me the solutions that we could look at is just having a little discussion perhaps proposing another partner bill. My feeling is, if this bill would continue to the public anyway, it would die. The voters would just vote this down, so you know, I’m pretty confident with that. Because I would certainly be out there saying, you know, that we shouldn’t even vote for this, because it’s not what the people want. The concerns I have is if we do postpone it, what type of security we have in getting something out there, because we were tasked with putting something to the voters in the resolution, that was the purpose. I know the intent was to guarantee better benefits for our band, but the perception is that in taking it out of the Charter, it doesn’t show the dedication or commitment to our band. I don’t think anything could be further from the truth, with at least for myself and for our public we know how much we love our band. My whole family is in music, so I cannot relate to go against that. Being raised in a musical family and I do appreciate how important the arts are—I would be willing for postponement, and even letting it go forward. Because I’m positive this would die, I’m positive it will die. Our job here is to have good legislation for our people, so it’s obvious that it needs to be amended at least. So whatever way we find best where we can do it, let’s just do it, it’s our job. And I think we’re all in agreement with that, we’re just kind of feeling our way in the dark on how we’re going to get this done. I shouldn’t speak for all of us, but I think we’re all in agreement of what you want. Thank you, Mr. Chair, and thank you all for coming out. I was not aware of some of the situation, but I’m glad to be informed now. Thanks. CHR. KANUHA: Mr. Onishi. MR. ONISHI: Thank you, Mr. Chair. You know, I need to clarify again on what Ms. Wille had mentioned earlier, about the author of this bill. I need to say yes. Ms. Eoff is correct. When I first proposed that, I did leave the first sentence in the Charter amendment, which I have here, and it stated—because I wanted to make sure that the people could see it, right. It states that it would still have the section, The County Band. “The County Band shall be part of the Department of Parks Page 15 Hawaiʻi County Council-45 July 7, 2016 and Recreation for administrative purposes.” So that would have stayed in and everything else would have been stricken out, because of following the Civil Service Law now. So that was my proposal, but through discussion on July 23 when we had this on committee, Ms. Wille had made a comment expressing her support for removing 6-3.4 for the County Charter in its entirety. So that was suggested. So then through discussion, I said, what I’ll do, I’ll make the proposed amendment. We’re taking out everything for our next discussion. So that became Bill 62, Draft 2, and that’s what happened. My original bill was to help keep you guys in there, but through discussions with the Council they wanted to take it out completely. That’s why we’re here today. So I did protect you folks, I was thinking of you folks. Because I’ve been there in the 2009-2010 when you folks was being like on the chopping blocks. You know, as members came to me and I stated, I always support you guys. I would never cut you guys, right? So I was over there to support you in 2009-2010, and I’m still here to support you. But it’s just that’s how it went. We had two different bills, original and then we had the draft. So that’s why we’re here today. But just to explain to you guys what had happened at the committee meeting on July 23, 2015. Just to let people know, it wasn’t political, and I wasn’t being vindictive. Because I always supported you guys back in 2009-2010, you know, you guys always have my support. I just wanted to clarify that. I do support a postponement, because I think that might be the best way. Or what Mr. Ilagan had mentioned maybe we can repeal it, but it doesn’t have to go through committees we can waive it to go strictly to Council and we vote it down on that first reading and it ends. Maybe possible we can have it at our next meeting if we get it—because I know we passed the deadline. But then if we get it breached or whatever we can get it waived, what the process is we can get it on our next meeting. Then we can repeal it, so that’s an option too. Just wanted to explain to you guys what happened, and what my intent was. Thank you. CHR. KANUHA: Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman, for letting me speak again. I’m glad that Mr. Onishi brought up that factual background. Because the people that I spoke to on the telephone yesterday, and that’s basically what I said. I said I don’t think Fresh is intending to jam you guys up or anything like that. It’s just a well-intended housekeeping matter. You know, with regard to the postponement verses voting against the—you know, I said I’d go either way depending how everybody feels comfortable. I wanted to address something that Ms. Poindexter said, you know, that it’s probably better to Page 16 Hawaiʻi County Council-45 July 7, 2016 go with the postponement. Because of the precedent setting nature of a voting “no” on this. When you really think about it, same thing. Let’s say it’s a voter initiated Charter amendment comes to us and if we vote “no” that’s a slap in their face. If we vote to postpone, we can postpone it indefinitely and that’s just some subterfuge to say “no.” Same thing really. So it’s really whatever you guys want to do, I’ll do it. Postponement might be good for the sake of amending, possibly for the Charter amendment. But really either way is good, and I’ll tell you why. We’re worried about these legal technicalities, but if the County Clerk follows our instructions and doesn’t put it on the ballot, who’s going to file a lawsuit against him? I cannot see anybody filing something against him like a writ of mandamus saying, you’re mandated to put this on the ballot. Nobody’s going to do that, you know, for all intents and purposes. I’m not even worried about this thing. Either way is fine. Thank you. CHR. KANUHA: Thank you. Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chairman. Maybe I should have let Mr. Chung go first, because he’s taken all my point. Actually I was thinking the same thing, and I like how Mr. Chung thinks. I also wanted to mention that talking over with th the Clerk, Mr. Onishi waives it to Council. It gets on the 19 agenda and then we have August 4, 18, and then working with the Mayor, and getting it signed on the th 24 of August. This ordinance can be repealed. I would advise no postponement. Let’s get real here, let’s just say “no.” This is not a thing that we should be postponing. We should make this bold move, and we should not approve Resolution 548-16. There is a way we can repeal this ordinance. We can do in time, and we can correct what we have done. I wanted to bring Sharon here, Sharon don’t go away yet. I wanted to ask you if you don’t mind can you please come and introduce yourself. Thank you. (Note: At this time, Human Resources Director Sharon Toriano came forward to address the members of the Council.) MS. TORIANO: Good morning, Council Members and Chair Kanuha. My name is Sharon Toriano, and I am the Director of Human Resources. MR. ILAGAN: Thank you, Sharon. Before I ask you my question, I really agree with one of the testifiers where instead of us taking this on as a Charter amendment, I believe the Charter Commission within the four years should be the one taking it on. We have voted in this manner regarding term limits with the Council, we can do it again with this in the sense of having the Charter Commission taking it on. Now the reason why I’m even mentioning this is, because I’ve supported this because of the civil service status situation. I wanted to ask you, with this being in the Charter will it affect any of the band members regarding their current position? Page 17 Hawaiʻi County Council-45 July 7, 2016 MS. TORIANO: Speaking from a Human Resources standpoint, when you say “will affect the band members,” regardless what this Council chooses to do they will remain in civil service. The statute trumps the Charter. MR. ILAGAN: And that was my understanding. I just wanted to make sure that the band members understand that, and the public, the Council, understands that. Regardless if we’re doing anything regarding this Charter amendment it’s not going to affect the band. And I’d rather we say “no” to this resolution and then getting Ordinance 15-81 repealed and going through that process. At the same time I also want to encourage this body to support an ordinance to put the band in the County Code. Currently the only mention of the band is in the Charter, and I want to also say that—I know the Chair is going to cut me off— CHR. KANUHA: I don’t want to go into possible future legislation, Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chair. I understand, I won’t talk about that anymore. I just want to say that I hope this body will not postpone Resolution 548-16. I hope they would move towards saying “no.” There is a way to repeal this ordinance in time. I’ll be the first one to draft it, and get it done pronto. Thank you. CHR. KANUHA: Ms. Poindexter. MS. POINDEXTER: I believe that, you know, some statements were made that nobody would sue the Clerk. These days you don‘t know what crazies are out there that will sue just because. So why should we take that chance, and put the liability on the taxpayers back. I don’t believe that. I strongly support a postponement, because of what I feel is right that, what we did. And if we see now what the unintended consequence is. Because a lot of times we vote on a lot of things that we don’t know down the line, we would have an unintended consequence. And unfortunately this was one of the unintended consequences. I’m not going to say I made a mistake. With no disrespect to anybody else, but I really feel that this may have been an unintended consequence, because what I was lead to believe it was really cleaning it up and getting it right in compliance with the other laws. Because if Council Member Onishi’s intent was to take it out, he would have gone to Section 6-6.4 Pension Board, and remove the band from that section, you know. All of these kinds of stuff and then clean it up that way, so I know that was not the intent. A lot of you, and I know a lot of my constituents know, that I wouldn’t vote against or try and take away the band. That was not the intention. A lot of people understand that, and I’m glad we had the testifiers come out to face us, to make us see the unintended consequences. That’s why this process works right now, so I Page 18 Hawaiʻi County Council-45 July 7, 2016 believe in going to the postponement, making it clean and doing it. To me that would be the right way to do it, is going through the postponement. At this time I’m still going to support the postponement. I just want to say a couple of things. I know that somebody said, “Do you guys ever come out and support the band?” and “Never seen you guys.” I just want to say that I have been many times, from a little girl, involved with the County Band. My mom used to sing with the County Band when it was in Honokaʻa, at the bandstand. I even sang one time many years ago at a Labor Day celebration with the County Band. So I definitely support the band, I support music. Because what it brings to our communities regarding even our health situation, not just for enjoyment, but our health-wise as well. Did you want to say something, Molly? Thanks. MS. STEBBINS: Yeah. There’s been comments about, you know, the unintended consequences of this proposed Charter amendment, and suggestions that the Council was misled that this was only a housekeeping measure. I do want to state that this is a housekeeping measure, okay. The proposed Charter amendment if passed by the voters does not have the effect of eliminating the County Band, okay. It does eliminate the reference in the Charter to the band, but whether or not you have the reference in the Charter does not, to be perfectly clear afford any additional level of protection to the band. I mean, case in point we saw in 2010 there was a proposal to eliminate the band through a reduction in workforce. That was a way the Charter provision as it is. Now that did not end up going forward. I understand there was a lot of strong feelings about that not happening. But I just want to be clear, because it seems like the Council is now stating, “Oh, we didn’t know there was—we have new information, there’s unintended consequences.” The effect of this proposed Charter amendment, if adopted by the voters, does not eliminate the County Band. MS. POINDEXTER: Okay, and thank you for that. And I never ever said that I felt misled. I was not misled by the introducer or any of us. We had good discussion and we had the discussion with you on why we’re cleaning this up. And at the time, I even believe that Council Member Wille understood that as well. So I know that we had all good intentions, it’s just that the perception of the public and the testimony that came before, that’s what we’re struggling with right now. Because you know, perception is a reality, so that’s why I’m saying I would support a postponement. Thank you. CHR. KANUHA: Ms. Wille. MS. WILLE: I just want to clarify that my intent in terms of our discussion there was to protect both the band and others affected. In terms of what was called a housekeeping matter. And that certainly was my understanding, and I do think of Page 19 Hawaiʻi County Council-45 July 7, 2016 it that way. There was a concern in terms of the whole HR (Human Resources) rules, and I think it’s clear that at least in terms of appearance, we screwed up, and we need to correct it and figure out what’s the best way to do that. I agree with Council Member Ilagan and others saying let’s just vote it down and move on and not do a postponement. And make it very clear, and correct ourselves. Move on and figure out how to do it. We can do it through, whether it’s through the resolution or whatever means is the correct process, and just figure out how to undertake that. And especially what Sharon is saying, I think that we’ll be okay by doing it. We’re not leaving some—whether it’s the band members or others that would be affected in the lurch in the meantime. CHR. KANUHA: Thank you, Ms. Wille. Still on second round Council. Mr. Onishi, I’m going to give you the last. MR. ONISHI: Well I’ll make a motion to postpone this, to the call of the Chair. Motion to Postpone: Mr. Onishi moved to postpone Res. 548-16 to the call of the Chair. Seconded by Ms. Poindexter. CHR. KANUHA: On the postponement. Mr. Chung. MR. CHUNG: Thank you. As I said earlier I’m just going to play it by ear. I got no problem with the postponing, or voting “no.” But I wanted to point out something in response to what Ms. Poindexter said. It’s amazing how people will sue even if you don’t expect it. Whether you postpone or vote against it, they can sue because it has the same affect. So don’t think by postponing we’re avoiding a lawsuit if anyone was so inclined. Because based on what Molly says, which I disagree. The mandatory nature of that Charter provision, which says that we shall do it by resolution. If we are mandated to do it and this is all pro forma if our vote here really doesn’t matter, and we just have to go through the motions of getting it to the ballot then somebody can sue. They can sue us whether we vote “no” or whether we postpone. I just want to make sure that everybody is clear on that, because my preference is to vote “no.” But if I hear everybody say that they’re in favor of postponement, hey I’ll go with that too, I have no problem. But just make sure that we understand that people can sue the Clerk either way. Thank you. CHR. KANUHA: Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chairman. I want to also point out that we have the best Corporation Counsel here. If we’re going to get sued, don’t worry we’re going to win that case. We got this. There’s no lawsuit that’s going to happen, and I would highly take on what Council Member Chung said, regardless if it’s postponed or not. We shouldn’t be postponing this, let’s just vote “no” on it. Page 20 Hawaiʻi County Council-45 July 7, 2016 Yeah, sometimes we’re fortunate to catch on new information now, then along in the future where it’s unintended consequence. We got new information now, and we’re able to act on it now. I know some people have different definitions of what is right, so I respect that. But right now I feel the right thing to do is say “no” to this resolution and repeal the ordinance. And I hope you won’t postpone it. Thank you. CHR. KANUHA: Thank you. Ms. Poindexter, on the postponement. MS. POINDEXTER: I guess Corp. Counsel, if we postpone it then we can do special meeting too. Even postponing it, if it’s to the call of the Chair something could be bought forward with repealing it. In time for them. MS. STEBBINS: You’re asking if there would be time to bring forward a bill for th an ordinance, to repeal this ordinance before August 25. MS. POINDEXTER: Yeah, because could we do the special council meetings? MS. STEBBINS: I suppose you could. Time permitting. MS. POINDEXTER: Again, whether you sue or not, for me it’s just again, the postponement for me would be the right avenue to go. And the best avenue to go in my belief, so that’s me just me. I know that other Council Members may disagree, I’m just sharing with the public that is the avenue. Now if I’m forced to vote on one or the other, I will. However, I would prefer going through this matter, in this way, in this manner. So I definitely am supporting the postponement. CHR. KANUHA: Okay. Council Members, any other discussion on the motion to postpone to the call of the Chair? Mr. Clerk, roll call. Vote on Motion to The motion to postpone Res. 548-16 to the call of the Postpone: Chair was carried by the following roll call vote: (Approved) Ayes: Council Members Chung, David, Eoff, Onishi, Paleka, Poindexter, and Chair Kanuha – 7. Noes: Council Member Ilagan and Wille – 2. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Resolution 548-16 will be postponed to the call of the Chair. Mr. Clerk, can we move on to Resolution 549-16? Page 21 Hawaiʻi County Council-45 July 7, 2016 Res. 549-16: DIRECTS THE CLERK OF THE COUNTY OF HAWAI‘I TO TAKE NECESSARY ACTION TO PLACE THE CHARTER AMENDMENT PROPOSED BY ORDINANCE NO. 16-62 ON THE 2016 GENERAL ELECTION BALLOT Directs the Clerk to place a ballot question for Ordinance No. 16-62, relating to the General Plan, on the 2016 General Election ballot for approval by the voters of the County on November 8, 2016. Reference: Comm. 919 Intr. by: Mr. Kanuha Motion to Approve: Ms. Wille moved to adopt Res. 549-16. Seconded by Ms. Eoff. CHR. KANUHA: Go right ahead, Ms. Wille. MS. WILLE: Just to remind everyone what this has to do with was basically taking the, what is the focus and what is the mission of the General Plan. And currently the County’s General Plan speaks about that it would be to do a comprehensive study of the physical development of the County. This Charter amendment makes it clear that the overarching purpose of General Plan would include the economic wellbeing of the County, the environmental wellbeing of the County, and the socio-cultural wellbeing of the County. That significance, just even in terms of what we were discussing, the arts and the environment. And looking at things really beyond sort of something that more plays just the economic development. I think of it in terms of processing the difference between, you know, like if you’re standing on one side of a stream. And you just go where’s the next step I should take, or next rock I should step on verses where do I want to go, to the other side. You need to have where your dream is, where your mission is, and where your goals are in order to evaluate your options. The reason I really brought this up was at a previous meeting when we were discussing the General Plan. I brought up how the CDP (Community Development Plan) Action Committees were working on proposals for the General Plan amendment, and in terms of economic wellbeing, social wellbeing, and cultural wellbeing. Environmental wellbeing, and he said “No that’s not what we’re doing here.” That’s not part of this process that made me—well if that’s not part of the process it should be part of the process, and how do we correct that. So that is the way we view. Looking at our physical development it really plays into how we evaluate those options. If we look at we really want to go towards more mass transit then we’re not just looking at what’s the next road that should be built. This sort of gives a theatrical construct on how we move forward. Page 22 Hawaiʻi County Council-45 July 7, 2016 Point of Order: MR. ILAGAN: Point of order. CHR. KANUHA: Mr. Ilagan, state your point of order. MR. ILAGAN: Let us stick to the resolution. Thank you. CHR. KANUHA: Thank you. This is the same— MS. WILLE: I just—so people understand what that had to do with, and you don’t need to interrupt me to do that, Mr. Ilagan. Okay, I just feel people should know what the context is. CHR. KANUHA: Thank you, Ms. Wille. I appreciate that, and it’s the same kind of situation as the last Charter amendment. This is again a resolution directing the Clerk to put the Charter amendment on the November ballot. Just for clarification purposes that’s what we’re discussing right now in this particular resolution. Council Members, anymore discussion on—I know Mr. Onishi and Mr. Chung aren’t here. I know everybody’s going to vote for it to be put on the ballot, I don’t know if they want to vote on it or not. I assume we can move forward, I think we had ample discussion on this particular Charter amendment. I think we’re all safe to say we can vote on it. Okay, Mr. Clerk, roll call please. Vote on Res. 549-16: The motion to adopt Res. 549-16 was carried by the (Adopted) following roll call vote: Ayes: Council Members David, Eoff, Ilagan, Paleka, Poindexter, Wille, and Chair Kanuha – 7. Noes: None. Absent: None. Excused: Council Members Chung and Onishi – 2. CHR. KANUHA: Motion passes. Mr. Chung and Mr. Onishi are excused. I know we have the Fire Department outside, I know we have a lot of people waiting. I’ve got to just start at the top. Mr. Clerk, Resolution 534-16. Return to Order The Chair directed the Council to return to the order of business. of Business: ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. (Note: Items in this category were taken up previously, out of order.) Page 23 Hawaiʻi County Council-45 July 7, 2016 Res. 534-16 AUTHORIZES THE EXEMPTION OF CERTAIN CODE REQUIREMENTS, (Draft 2): PURSUANT TO SECTION 201H-38 AND SECTION 46-15 OF THE HAWAI`I REVISED STATUTES, FOR HUALALAI HEALTH, LLC, KONA, HAWAI‘I, COVERED BY TAX MAP KEY: 7-5-010:061 Authorizes the County to exempt the Hualālai Kai Senior Housing project from certain code requirements to help reduce the cost of producing the affordable housing portion of the project. The exemptions would waive building and grading permit fees, requirement for a use permit, the rezoning application process, road improvements, fair share/impact fees, community development plan concurrency requirements, and the time requirement to secure Final Plan Approval under Condition D of Ordinance 03-69. Reference: Comm. 897.3 Intr. by: Ms. David Approve: HSSSC-2 Motion to Approve: Ms. David moved to adopt Res. 534-16, Draft 2. Seconded by Ms. Poindexter. CHR. KANUHA: Ms. David. MS. DAVID: Mahalo, Chair. Thank you everybody for your patience, and waiting for this to come on the agenda. I just wanted to make note, that this matter has been discussed in prior Council meetings to great lengths. I just wanted to make mention to thank Susan Akiyama and her staff, for providing some comprehensive explanation of the 201H exemption process, and the requirements. Which basically, I think she adequately answered all the questions that the Council Members have raised. I also would like to secondly thank Liz Hyman and the principals of Hualalai Kai elderly housing for their corporation and willingness to accommodate the questions and the issues raised by the Council Members, and make some adjustments to those request. I really thank you. Because in essence the skilled nursing and long term care residential facility is very, very, important to the people in Kona and our seniors. So I thank you folks very much for your diligence, and for being cooperative in trying to resolve the answers of my colleagues. With that I support this project wholeheartedly, and I will yield at this time. CHR. KANUHA: Thank you, Ms. David. I did want to mention to the public and the Council, you know, we apologize for the scheduling type of thing. We didn’t realize that the first item would be four hours or three hours. But we do apologize to all of you who are here, not only the rest of the items on the Council, but the items on the committee that were scheduled at 10:30 for Public Works, Finance at Page 24 Hawaiʻi County Council-45 July 7, 2016 10:45, and Planning Committee at 11:15. I do want to apologize to everyone here about that, but you know, sometimes things happen. So cannot really completely know the timing of that. Mahalo for being patient with all of us. Ms. Eoff. MS. EOFF: Thank you, Mr. Chair. This project is located in my district, kind of right on that boundary between District 8 and District 7, which is Chair Kanuha’s district, so I have supported it from the beginning. I think it fills a need, and we’ve heard about that over the last few months. I know one issue was raised today by a testifier, regarding the plan and making sure that noise of trash collecting wouldn’t disturb the people in the Pines Subdivision. Which boarders on the backside. So I would just make sure, I’d like to urge the applicant that they continue to work with the Pines and keep them abreast of all the new design plans. I know in the past conversations you’ve had with that community, and the redesign you have done has been to alleviate any of their concerns. And you’ve done a really good job with that, and I think for the most part that community knows that you will continue to work with them. So I just wanted to say thank you, and thank Ms. Akiyama and Housing for their work on this. I know it’s been a long road and we worked through a lot of the concerns now. Thank you very much, and I’m still in support of this project. CHR. KANUHA: Thank you, Ms. Eoff. Ms. Poindexter. MS. POINDEXTER: The only reason why I want to speak, I wasn’t going to say anything, I definitely support the project, you’ve known that all along. I support the project. I know there’s a testifier that came and said “Don’t make this your personal agenda.” If you’re not part of the solution, you’re part of the problem.” Because he supports elderly housing and skilled nursing, and all of that. We all do. I don’t think anyone here does not support it. So for the public’s information, since that testifier made that public today I want to say that was not what we were saying or questioning all along for the past hearings, it was about them coming forward and asking the county to waive the permitting fees. Our responsibility is to the public, especially when it’s the public’s resources that would be coming to them. Asking why are you asking to waive the public’s resources, which is the permitting fees. That was the situation. So not that any of us or me, I can speak for myself, that did not support a project like this. Because I’m trying to get these types projects all over, especially in my community. I support the project, and I now feel comfortable with all of what had happened at the last meeting and the answers and Susan Akiyama clarifying a lot of points. So I agree with that. I just wanted to make that clear to the public, because the testifier came up and maybe didn’t understand all of that. Thank you very much. CHR. KANUHA: Thank you, Ms. Poindexter. Ms. Wille. Page 25 Hawaiʻi County Council-45 July 7, 2016 MS. WILLE: I will be supporting this. I do want to say that I’ve met with the Director of Housing, and discussed it. Really not so much in terms of this specific case, but really working on more clarity for what the process is that we undergo in terms of this. If you say okay, I’m going to do affordable housing then you get out of whatever these restrictions that would apply to anyone else. And how we go about that, and having it also be clear to the public. In other words that you will qualify, but then like you had to go around to each department and workout individually what that department was going to allow. And then it may be that we as the policy body should have a little more clarity in terms of what those are. And not individual directors on an individual case basis. My other point was really my understanding is these restrictions on affordable housing are up in 20 years. You know, that may seem like a long time for some folks, but I think that if you give up those—what the benefit to the community that you should then be returning and then repaying some of the benefits you got at that time. So I think we should not have this, you know, you’re only restricted 20 years and then you’re out of it. And then you could go and have no affordable housing. Again this is just learning from this experience and how do we improve it? Wherever I am in 20 years, I don’t expect to hear the affordable housing is gone. We have some work on a policy level to do just a clarification, educating the public. How we make these decisions, so that you as an applicant aren’t going through all of this. And then you’re coming to us, and “Well I wonder what they’re going to do.” Here’s your checklist, here’s our checklist we both have the same checklist idea. Thank you. CHR. KANUHA: Thank you, Ms. Wille. Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman. You know, I’ve always supported this project and the principles, which it was trying to advance. The only question I had though whether I supported it to the tune of $2 million opportunity cost from the County of Hawaiʻi. I mean, was it worth that much? I asked a lot of questions, and I really can’t say all of them were answered to my satisfaction. But having thought about everything in totality, and you know, Liz, I do apologize for not getting back to you. I know you were reaching out to meet with me, but you know, I’ve made up my mind already. And I didn’t want to waste anybody’s time. You know, I talked about trust issue the last time, because I don’t really know you guys, right. I’ve seen a lot of developers come and go, and they say a lot of stuff and then all of a sudden they’ll turn their property over to a new bunch of people. Or they don’t fulfill, you know, what they promised. Only time will tell. But I do know this, you folks have the support of the Council Members from that district. They see a need, they support your project both in concept as well as in county monies. If there are problems that come later, then Page 26 Hawaiʻi County Council-45 July 7, 2016 they’re going to have to answer to their constituents in terms of maybe conditions not being fulfilled. I’m sure they will stay on it, because they’re very diligent in that regard. Also I’ve been approached by the Director of Housing, Ms. Akiyama, as well as our Deputy Managing Director, Bobby Command. The thing when I talk about trust, we’re like judges up here. We never get to really interact with you guys. Like months and months that you folks been working with the Housing department, and Ms. Self from Corp. Counsel as well as other members of the administration. So they get to have a real good feel for all of you, and then they’ve come out and supported you as well. And these are people that I really trust, yeah. So I’m going to be voting “yes” today, just wanted to let you guys know that. Really we talked about serving our public, our local residents, in terms of the population you have in your affordable housing project. But Ms. Poindexter talked about the workers that you hire there, and the people that you hired to build this place. You know, if you could really at least take this into consideration as, you know, we can’t control it already after today. But it would really go a long way in trying to show your commitment to our community too. That’s just my little bit of advice, but I support you guys. Thank you. CHR. KANUHA: Thank you, Mr. Chung. Council Members, any other discussion? Mr. Paleka. MR. PALEKA: I will be supporting the project. I’ve been satisfied with the concerns I had, and it gone forward and approached the organizations that I thought should be approached. Seems like how my esteemed colleague says, time will tell, so we’ll see. But I do support in totality what the project is supposed to do. So I wish you well and please try and take some of the suggestions to heart, and good luck. Thank you for providing a well-needed service to our community. Thank you. CHR. KANUHA: Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chairman. I already stated my support earlier on previous reading, but I wanted to ask a question. So if I can get a representative to come up. More than half of the units are going to affordable, and the other remaining. Is that how you guys stay afloat, or how does this project sustain itself? (Note: At this time, Hualālai Kai representative Liz Hyman came forward to address the members of the Council.) MS. HYMAN: I’m Liz Hyman, I represent Hualālai Kai. That’s a really good question, and thank you for asking it. The Medicaid payout on the 75 percent or the 112 beds, is not quite sufficient to cover the cost of providing services. So yes Page 27 Hawaiʻi County Council-45 July 7, 2016 if it were 100 percent Medicaid beds we couldn’t support the project, it would not be sustainable. So it has to be built into it in such a way that the income and outgo are equal and it can be sustained into the future. MR. ILAGAN: Yeah, because I was just thinking about it. I want to make sure you guys succeed, and this is one way to do that. But other ways is making sure your business plan is good to go. MS. HYMAN: It’s a good business plan. You know, we have funding based upon the business plan. It will work. MR. ILAGAN: Awesome. I wish you guys luck. Thank you. CHR. KANUHA: Thank you, Mr. Ilagan. Any other discussion, Council Members? Just briefly before I ask for the vote, I’m fully in support of this as I stated this in the committee. I’m glad to see the rest of the Council’s support as well, again desperately needed in our community. I look forward to seeing you guys do good in the community especially over there. So mahalo for what you do, and again please take into consideration everything that the Council Members have said here. Thank you. All in favor of the motion to approve Resolution 534-16 say “aye.” Vote on Res. 534-16: The motion to adopt Res. 534-16 was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Mr. Clerk, I know we have our police officers and Fire Department here can we that Resolution 543-16? Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following item were taken out of order: Page 28 Hawaiʻi County Council-45 July 7, 2016 Res. 543-16: AUTHORIZES THE ACCEPTANCE OF THE DONATION OF AUTOMATIC ELECTRONIC DEFIBRILLATORS (AEDs) FROM THE HILO MEDICAL CENTER FOUNDATION, FOR USE BY THE HAWAI‘I COUNTY POLICE DEPARTMENT Donated by the Hilo Medical Center Foundation, 33 AEDs with an estimated value of $50,000. Reference: Comm. 913 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 543-16. Seconded by Ms. David. CHR. KANUHA: Ms. Eoff. MS. EOFF: Thank you. And thank you folks for coming, and if you wouldn’t mind introducing yourselves. I’m just going to turn it over to you to explain. (Note: At this time, Battalion Chief Lance Uchida, Executive Director for Hilo Medical Center Foundation Lisa Ranz, and Captain Amy Wana with the Hawaiʻi Police Department came forward to address the members of the Council.) MR. UCHIDA: Good afternoon Lance Uchida, Hawaiʻi Fire Department Battalion Chief for the EMS (Emergency Medical Services) Bureau. MS. RANZ: Lisa Ranz, Executive Director for the Hilo Medical Center Foundation. MS. WANA: Captain Amy Wana with the Hawaiʻi Police Department. MS. EOFF: Thank you. Just quickly if you can talk a little bit about this in case Council Members have any questions. MS. RANZ: Hello. What we have going is a yearlong in progress with the EMS Bureau of the Fire Department, and also with Captain Wana with the Police Department. We’re the only county in Hawaiʻi that does not carry the defibrillators on the cars, and funding was an issue. So we have forged a partnership with several donors to raise funds to donate the devices. Not only to the Police Department, but also to nonprofits in our community through “Be Our Lifesaver Program.” So I’ll leave cards for you as well. It’s a wireless campaign around Seven Cardiac Arrest, and with our response time on the island we’re working with Battalion Chief Uchida to train nursing students Page 29 Hawaiʻi County Council-45 July 7, 2016 and our medical professionals to go out and do bystander only compression trainings, so that we can train more people to respond when there is a collapse, thereby buying time for EMS Bureau to get there. So it’s an awareness campaign marketing around Seven Cardiac Arrest, identifying where the AEDs (Automatic Electronic Defibrillators) are located. I think PulsePoint will also be coming before you quite soon, which is an application that people can follow the EMS Bureau. When a collapse happens it will tell you within 400 feet of where it is, so that you can respond. It’s getting our population trained with our geography that would be huge, and then getting AEDs on the police cars as first responders. Working with nonprofits also with volunteer fire departments as well as more rural areas with the homeowners associations, so that we can blanket the island with some life saving devices. MR. UCHIDA: It’s been a good comprehensive project in collaboration with Hilo Medical Center Foundation, and County of Hawaiʻi Police and Fire. So you know, what we did we looked at our cardiac arrest survivor rates here in Hawaiʻi Island. We started collecting data, or looking back at the data about four or five years ago. We started at a four percent cardiac arrest survival rate, so what we did is we applied to an academy in Seattle Washington. The resuscitation academy where we sent Captain Honda, who is our project lead, to go study their program. They’re the leaders in the industry, they have a cardiac arrest survivor rate of little over 60 percent. Meaning that if somebody has a cardiac arrest in Seattle, you know, six out of ten will walk out of the hospital neurologically intact, which is remarkable. And obviously we’re not going to be able to achieve something as robust as them, because of their system and how their geography is laid out and their response system. But what we did is we took their program we overlaid it to Hawaiʻi Island, and we identify what Lisa said, our enemy is the response time. Obviously our geography is large, 4,000 so much square miles, our response time average about nine minutes. For every minute that cardiac arrest victim goes without chest compressions without application of an AED the chances of survival decrease by 10 percent. When we brought the program back here, we looked at it again, the areas that we could improve in. And one big area we looked at, you know, what other first responders in our community already exist. One of them obviously is police, I mean they’re out there, they’re actually faster than the fire department, and they’re on the street. And what we proposed to them was that we do the hands only CPR training, that means no mouth to mouth. We get there with a cardiac arrest victim and do chest compressions and then applying AED. Again, you know, partnership with Hilo Medical Center Foundation with the funding source of getting donors to donate 33 AEDs to the community, I think that’s terrific. We collect our data and put it into a national registry bank called CARES (Cardiac Arrest Resuscitation Enhance Survival). Page 30 Hawaiʻi County Council-45 July 7, 2016 Like I said we started at four percent, 2014 we already bumped up to 6.3 percent, 2015 went up to 6.8, and to date for this year already we’re at 9.6 percent. We’re confident that our program is working. This isn’t just another partnership in our vision of improving cardiac arrest survivors here on Hawaiʻi Island. MS. EOFF: Thank you, very much. I know at least some of us here on the Council have direct experience of saving a loved one with defibrillators. So I think we’re all going to appreciate this that you have. You’ll be equipped. CHR. KANUHA: Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chairman. First of all, congratulations. This is awesome. Who was the initiator for this program? Was it Fire, Police, or foundation? MS. RANZ: The EMS Bureau obviously has been working on this. This is a passionate area for them. So when it came to us as a foundation, so the Clemens Foundation is a foundation out of Colorado and Arizona. They have established “Be A Lifesaver Programs” across the nation. Primarily in Tucson they’ve partnered with Gooder Foundation, and they supply AEDs to nonprofits. They were looking to do a donation to the county, and were not successful in donating AED devices. So it was suggested that they speak with the Hilo Medical Center Foundation, and that was when I was first brought in as the new executive director. So we did outreach to see if the county and the EMS Bureau would be interested in that. And that started the conversations, and so it was one of those “aha” moments of a collaboration that we could do that will be beneficial. Not only in east Hawaiʻi, but across the Island of Hawaiʻi. MR. ILAGAN: Good job. Good job Fire Department. Good job, Lance. I have some questions, I definitely support what you’re trying to do. I’m glad you guys followed through with trying to get that funded. My question, because I was looking into this a while back trying to fund it, and I’m actually here with my hand wanting to support. Because now that you have AED, there might be additional cost to maybe maintaining them. I’m not sure if you guys have that covered. Ain’t nothing like an AED that’s not properly maintained, and now you have a malfunctioning unit trying to help when you need it. And that’s my biggest concern, and that concern comes with I would like to help you alleviate that concern if you lack funding in that area. Have you addressed that part? MR. UCHIDA: Yes, actually that’s a real good point, and before we actually wrote it out and talked among each other here, you know, we wanted to make sure we sustain the program. Like you said, the last thing we want is an AED out in a community with expired pads or needs batteries. So in the next resolution here there’s a maintenance program that we’re looking at. So again, that’s something Page 31 Hawaiʻi County Council-45 July 7, 2016 that’s funded through the Hilo Medical Center Foundation. You know, when we propose a project not only did we want to do proper training, okay, we wanted to acquire equipment, and then we wanted to do something with a maintenance package with that as well. MR. ILAGAN: Oh, so that’s what Resolution 544-16 for. MS. RANZ: And that’s for the devices that are being placed with HPD. MR. ILAGAN: Okay. MS. RANZ: That was proposed by the county. Apparently they saw funds and pushed that forward. So that is not being paid for by the foundation. As a private foundation we cannot pay for maintenance contracts, because there’s indemnity and liabilities all those lovely legal things. The donations that are being done to the public, we have negotiated discounts with distributors for AED devices to have business purchase at a discount. You know, pushing forward a huge discount for us. And part of the proceeds come back to the foundation, so that we can replace pads and batteries, and keep the program sustainable. MR. ILAGAN: Oh. MS. RANZ: So there are plans to continue this. We have funding promises from three of our funders moving into 2016-2017 funding year. This is something that’s not a flash in the pan, this is going to be a comprehensive educational partnership with the EMS Bureau and the county. MR. ILAGAN: I wanted to ask, in Puna where are the 33 going to be located? CAPT. WANA: It’s actually 33 units that are going to be distributed amongst the entire island. Right now as a pilot project it’s going to start out in the Hilo, Kona, and Puna districts. We will be finding champions— MR. ILAGAN: Hilo, Puna, and Kona. Okay. CAPT. WANA: And we will be finding individual officers that will be assigned to these units. These would be take home units where they will be able to have it while they’re at work, as well as when they’re at home. Maybe out in the community at the soccer game, football game, and if an event happened they would have that available to them. MR. ILAGAN: Are they going to alternate between shifts? How does that work? Page 32 Hawaiʻi County Council-45 July 7, 2016 CAPT. WANA: They will not be alternating between shifts, they’ll be assigned to each individual officer because of training that’s required. However I believe it was nine that was going to be assigned to the Puna district specifically. Three per watch. MR. ILAGAN: That makes sense. MR. CHUNG: Mr. Chairman? CHR. KANUHA: Point of Order, Mr. Chung? MR. CHUNG: Personal privilege. Because I don’t know how many more questions Mr. Ilagan is going to ask, all pertinent. But you know, our committees were supposed to be starting at 10:30 and a lot of people are waiting here. So I’m just wondering if you could— MR. ILAGAN: I got you Mr. Chung. I’ll yield at this time, I got it. CHR. KANUHA: Thank you Mr. Chung. And just real briefly Mr. Ilagan because you know, we do have— MR. ILAGAN: I got it Mr. Chairman. I’m going to yield at this time. Thank you. You answered my questions, thanks. CHR. KANUHA: Thank you. MR. CHUNG: I just wanted to make sure, I wasn’t trying to cut him short. CHR. KANUHA: Yeah, that’s what I was trying do. Just for purposes of how the day is going to go, I do want to break for lunch after a few more items on the Council. We will come back for council meeting after lunch, and continue on with the rest of our agenda on the committees. For those that are here waiting for committees, I do apologize but we probably won’t get to committees until close to 2:00 in the afternoon. Just for those that are here waiting for those items and Council Members, because we are going to take a brief lunch recess soon. Ms. Wille. MS. WILLE: If we could do 542-16 before lunch, and also I wonder if we just break for lunch at 1:00 p.m. CHR. KANUHA: Well we’ll get there. There’s definitely a few items that I want to get through before lunch. Mr. Onishi. Page 33 Hawaiʻi County Council-45 July 7, 2016 MR. ONISHI: If we can because there’s some members that’s going to be leaving like at 3:00 and so forth. To me why don’t we just work it through lunch and have something that we can eat here. I don’t think the council is going to last that much longer. CHR. KANUHA: Well we can just continue right now and see where we’re at. MR. ONISHI: Sounds good. Thank you. CHR. KANUHA: Thank you, Mr. Onishi. Back to the original—sorry Mr. Ilagan to cut you off we never meant to do that. Just wanted to give some reasoning behind what’s going to happen today. Discussion? I think Ms. David was next. MS. DAVID: Mahalo, Chair. Thank you so much for this service that you folks have worked very hard for. He asked the question I was going to ask, you know, the distribution island-wide. I heard Kona, Puna, and Hilo, and I’m just saying the rural area of my district in Kaʻū, I’d really love to see something like this in the near future. And if I can help with my contingencies in helping you do that, please let me know, so maybe we can get a few for Kaū. So call me. Thank you.ʻ MS. RANZ: Yeah. This is the pilot program and they work very hard in identifying that, so I won’t speak to that. I’ll let Captain Wana speak to that. But I would love to sit down with you to talk more about the program and the benefits of the program, and doing trainings in the Kaʻū area. MS. DAVID: Perfect, and I’ll help with whatever I can. Thank you. CHR. KANUHA: Thank you, Ms. David. Any other discussion? Mr. Onishi. MR. ONISHI: Thank you, Mr. Chair. I just wanted to say to the medical foundation this is awesome. Thank you very much. Usually people think you folks are just helping out just the hospital, and getting funds for that, but to see you folks reaching to the community, which means that if you can have it treated outside before it’s coming to the hospital, that’s awesome. I mean the chances of their surviving comes greater, right. As Ms. David mentioned, that maybe we can use some of our contingency funds to help purchase more, so it can be provided island-wide. You know, maybe we need to know like how much it’s going to cost for the training, how much for the device and the maintenance, yeah. MS. RANZ: Yeah. And I can certainly send you information on the program and how it works. The training is free. So we’re working through, you know, train the trainers program. Captain Honda, Jesses Ebersole, and Battalion Chief Uchida have been absolutely fabulous in training the nursing students and the residents, and the residency program to go out and do these trainings. We’re Page 34 Hawaiʻi County Council-45 July 7, 2016 banking it very sustainable, we’re building the health pathways. The big thing when the foundation hired me was to bring on the give-back programs, and the outreach to the communities. So develop the later part of the mission, to support the Hilo Medical Center with programs that benefit the greater community. So that’s what we’re doing, and we have serval programs that are island-wide. We are the Big Island Area Health Education Center, so that’s the federal funds through the school of Medicine. So that gives us the medical students to filter through and to develop the health pathways, and they feed each other. So it fulfills the mission, so we’re just please and very happy to be up to do it. MR. ONISHI: Well keep up the great work, you know, with you and Jean over there. Thank you. And whatever the council can help support you guys, just let us know. Thank you. MS. RANZ: Appreciated, thank you. CHR. KANUHA: Thank you, Mr. Onishi. Any other discussion, Council Members? Just real briefly, you know, I’m so thankful to see this program move forward. I remember it coming about a while ago, and being part of some of this discussion a little bit. Because I understand directly how much an AED can impact somebody in a situation, such as cardiac arrest. If it wasn’t for an AED being close by, you know, in somebody’s car, you know, my father probably wouldn’t be here today as we speak. So an AED is really, really, really—do help those in need. I’m directly impacted myself, I know it directly impacts a lot of people having that AED close by when needed. I’m so glad to see this program go forward. Please let us know however we can help out with anything, as you know, how do we get information out, whatever. I’ll definitely be there to support you guys with whatever you guys need to do to move this thing forward. Thank you so much for working hard on bringing everybody together, and having that one goal. Again, mahalo, for all that you guys do. Council Members all in favor of the motion to approve 543-16 say “aye.” Vote on Res. 543-16: The motion to adopt Res. 543-16 was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. On to the next Resolution 544-16. Page 35 Hawaiʻi County Council-45 July 7, 2016 Res. 544-16: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR MAINTENANCE AGREEMENT FOR AUTOMATIC ELECTRONIC DEFIBRILLATORS (AEDs) FOR THE HAWAI‘I COUNTY POLICE DEPARTMENT Authorizes the Mayor to enter into a five-year maintenance agreement for 33 AEDs at a cost of approximately $150 each per year. Reference: Comm. 914 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 544-19. Seconded by Mr. Paleka. CHR. KANUHA: Ms. Eoff. MS. EOFF: I think we touched on this already, so I’m happy to see that you did think ahead we have a maintenance agreement plan. CHR. KANUHA: Thank you, Ms. Eoff. Council Members, any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Res. 544-16: The motion to adopt Res. 544-16 was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Thank you. Mr. Clerk, Resolution 545-16. Page 36 Hawaiʻi County Council-45 July 7, 2016 Res. 545-16: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE HILO MEDICAL CENTER, PURSUANT TO HAWAI‘I REVISED STATUTES SECTION 46-7, TO DONATE AN AMBULANCE TO THIS STATE-RUN ORGANIZATION Authorizes the donation of a decommissioned ambulance from the Fire Department for non-emergency transportation of patients from the hospital to locations of close proximity. Reference: Comm. 915 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 545-16. Seconded by Ms. David. CHR. KANUHA: Ms. Eoff. MS. EOFF: Thank you. I just wanted to thank Chief Uchida for staying here. Maybe just quickly, I mean we’re all going to support this I’m sure. But maybe just really quickly since you’re here, you can add a few comments. MR. UCHIDA: Again, it’s partnership with Hilo Medical Center, and it’s a give-back for them. They reached out to us, to ask if we had any old ambulances that we were planning on decommissioning. Just so happened we did. Their status with their apparatus is a 1988 Dodge, and basically the battery box fell out. That was the last thing. So they’ve been struggling with moving patients back and forth to different facilities, so we had one. We had a decommissioned ambulance since 1996. A Ford that we were planning to move out of service, so it was a perfect partnership and that’s it. MS. EOFF: Kind of reciprocal situation. CHR. KANUHA: Thank you, Ms. Eoff. Mr. Ilagan. MR. ILAGAN: Thank you, Mr. Chairman. I wanted to ask more out of curiosity, what are they going to use it for? MR. UCHIDA: I wish Hilo Medical Center was here to answer that. But I believe they move patients back and forth, like to Hale Anuenue right across the street. I’m not sure if to the Life Care Centers or not, but it’s moving people back and forth, some of their clients. MR. ILAGAN: Okay. Page 37 Hawaiʻi County Council-45 July 7, 2016 CHR. KANUHA: Thank you. Any other discussion, Council Members? Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Res. 545-16: The motion to adopt Res. 545-16 was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Mr. Clerk, can we do Resolution 542-16? Res. 542-16: AUTHORIZES THE OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT TO AWARD FUNDS TO HABITAT FOR HUMANITY WEST HAWAI‘I, INC. Grant funds in the amount of $336,000 would be used to supplement the construction of four homes for low income families at the Kamakoa Nui Affordable Workforce Housing Project in Waikoloa. Reference: Comm. 912 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 542-16. Seconded by Ms. Wille. CHR. KANUHA: Ms. Eoff, go right ahead. MS. EOFF: Thank you. This is in Ms. Wille’s district, so I’m going to yield to her at this time. CHR. KANUHA: Sorry. Ms. Wille. MS. WILLE: Thank you very much. Susan if you want to come forward in case there’s any questions. Basically these were projects that we were moving forward with mostly federal funds. Then problems came up about that in terms of whether the checkoffs on the ordinances and issues like that, so we’re sort of pending. We need to finish the buildings, and so we worked out a way to do the funding. And that’s what we’re doing, so I urge your approval. This is if there are any questions, but we’re just trying to make things happen and doing the best we can on the funding we have and addressing where there were issues that came up. Page 38 Hawaiʻi County Council-45 July 7, 2016 CHR. KANUHA: Thank you, Ms. Wille. Council Members, any discussion? We have director here, if there’s any questions. Mr. Paleka. MR. PALEKA: Nope. I met with the Housing Director. She explained the situation. I have to say disappointing with our federal level, in terms of not being able to assist. Well it goes deeper than that, but really it comes down to liability basically. And that’s why the county is being held with the bag this time. So I think it’s important we let our public know that we are covering things, basically what the Federal Government usually covers. But unfortunately because of procedural issues and liability concerns, we’re left holding the entire bag. I’m all good for that, if it’s for our homeless it’s a great project. Habitat for Humanity has done so much good work for us, I think it’s important for people to know. More or less what the circumstances were, Mr. Chair. I just wanted express. But again, thank you so much, Susan, for coming. You know, I support that. CHR. KANUHA: Thank you, Mr. Paleka. Any other discussion? Hearing or seeing none, all in favor of the motion to approve Resolution 542-16 say “aye.” Vote on Res. 542-16: The motion to adopt Res. 542-16 was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Thank you. On to the top of the agenda Mr. Clerk, Resolution 541-16. Return to Order The Chair directed the Council to return to the order of business. of Business: Page 39 Hawaiʻi County Council-45 July 7, 2016 Res. 541-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE DEPARTMENT OF PARKS AND RECREATION TO SEND STAFF TO THE 2016 HAWAI‘I RECREATION AND PARKS SOCIETY CONFERENCE Transfers $5,000 from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits to the Parks and Recreation, Recreation Division Other Current Expenses account ($3,000) and Subscription and Membership account ($2,000). Reference: Comm. 910 Intr. by: Ms. Poindexter Motion to Approve: Ms. Poindexter moved to adopt Res. 541-16. Seconded by Mr. Paleka. CHR. KANUHA: Ms. Poindexter. MS. POINDEXTER: I think it’s pretty self-explanatory, if you have any questions I can answer it. Just asking for your support. Aloha. CHR. KANUHA: Thank you, Ms. Poindexter. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Res. 541-16: The motion to adopt Res. 541-16 was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Mr. Clerk, Resolution 546-16. Page 40 Hawaiʻi County Council-45 July 7, 2016 Res. 546-16: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTI-FUNCTION COPY MACHINE FOR THE DEPARTMENT OF PARKS AND RECREATION Authorizes the Mayor to enter into a five-year lease agreement at a monthly cost of approximately $150.49. Reference: Comm. 916 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 546-16. Seconded by Ms. David. CHR. KANUHA: Any discussion? Mr. Ilagan. MR. ILAGAN: Mr. Chairman, these copy machines again. Just wanted to point that out. CHR. KANUHA: Thank you. Has to be done by resolution. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Res. 546-16: The motion to adopt Res. 546-16 was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Resolution 547-16. Res. 547-16: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR FOUR COPY MACHINES FOR THE HAWAI‘I COUNTY POLICE DEPARTMENT Authorizes the Mayor to enter into a five-year lease agreement at a total monthly cost of approximately $1,640. Reference: Comm. 917 Intr. by: Ms. Eoff Waived: FC Page 41 Hawaiʻi County Council-45 July 7, 2016 Vote on Res. 547-16: Ms. Eoff moved to adopt Res. 547-16. Seconded by (Adopted) Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Mr. Clerk, Resolution 550-16. Res. 550-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HAWAIʻI LGBT LEGACY FOUNDATION FOR A REIMBURSEMENT OF EXPENSES RELATED TO THE FOURTH ANNUAL LGBT PRIDE PARADE AND FESTIVAL Transfers $2,500 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 920 Intr. by: Mr. Ilagan Motion to Approve: Mr. Ilagan moved to adopt Res. 550-16. Seconded by Mr. Paleka. CHR. KANUHA: Go right ahead, Mr. Ilagan. MR. ILAGAN: Council Members, I ask for your support, for supporting the Pride Parade. Thank you. CHR. KANUHA: Thank you. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Vote on Res. 550-16: The motion to adopt Res. 550-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. Page 42 Hawaiʻi County Council-45 July 7, 2016 CHR. KANUHA: Motion passes. Mr. Clerk, Order of the Day, Second or Final Reading, Bill 208. BILL FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): (There were none.) ORDER OF The Chair directed the Council to proceed to the next order of business, Order of THE DAY the Day (Second and Final Reading). (SECOND OR FINAL READING): Bill 208: AMENDS SECTION 25-8-2 (NORTH AND SOUTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL – FIVE ACRES (A-5a) TO ND FAMILY AGRICULTURAL – TWO ACRES (FA-2a) AT KŪKI‘O 2 & MANINI‘ŌWALI, NORTH KONA, HAWAI‘I, COVERED BY TAX MAP KEY: 7-2-004:027 (Applicants: Carl and Christine Carlson) (Area: 5 acres) The Leeward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicants to subdivide the property into two parcels. The applicants state they would retain a three-acre lot and convey the remaining two-acre lot to their daughter. Reference: Comm. 887 Intr. by: Mr. Ilagan (B/R) First Reading: June 15, 2016 Motion to Approve: Mr. Ilagan moved to pass Bill 208 on second and final reading. Seconded by Ms. Eoff. CHR. KANUHA: Ms. Eoff. MS. EOFF: I’m still in support of this, we’ve discussed it in previous couple of meetings. Thank you. CHR. KANUHA: Thank you, Ms. Eoff. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say “aye.” Page 43 Hawaiʻi County Council-45 July 7, 2016 Vote on Bill 208: The motion to pass Bill 208 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Next item. Bill 209: AMENDS ORDINANCE NO. 03-115, WHICH RECLASSFIED LANDS FROM MULTIPLE FAMILY RESIDENTIAL – 1,000 SQUARE FEET (RM-1) TO VILLAGE COMMERCIAL – 7,500 SQUARE FEET (CV-7.5) AT HONUAULA, NORTH KONA, HAWAI‘I, COVERED BY TAX MAP KEY: 7- 5-022:040 (Applicant: Tante Urban) (Area: 7,500 square feet) The Leeward Planning Commission forwards its favorable recommendation for this five-year time extension to Condition C, time to complete construction. The new applicant states he intends to construct a six-unit, multiple-family apartment building with a commercial kitchen on the ground floor. Reference: Comm. 888 Intr. by: Mr. Ilagan (B/R) First Reading: June 15, 2016 Vote on Bill 209: Mr. Ilagan moved to pass Bill 209 on second and final reading. (Adopted) Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: Motion passes. Next item. Page 44 Hawaiʻi County Council-45 July 7, 2016 Bill 210: AMENDS ORDINANCE NO. 889 (FORMERLY KAMUELA ZONE MAP, CURRENTLY LALAMILO PUʻUKAPU ZONE MAP), WHICH RECLASSIFIED LANDS FROM AGRICULTURAL – FORTY ACRES (A-40a) TO AGRICULTURAL – FIVE ACRES (A-5a) AT PU‘UKAP HOMESTEADS, ND 2 SERIES, SOUTH KOHALA, HAWAI‘I, COVERED BY TAX MAP KEYS: 6-4-017:023, 064-067, AND 078 (FORMERLY 6-4-017:023) (Planning Director Initiated) The Leeward Planning Commission forwards its favorable recommendation for this amendment to the Zoning Code, which would delete Conditions C and H removing limiting agricultural use restrictions, and add a new condition to allow the full range of agricultural land uses. Reference: Comm. 889 Intr. by: Mr. Ilagan (B/R) First Reading: June 15, 2016 Motion to Approve: Mr. Ilagan moved to pass Bill 210 on second and final reading. Seconded by Mr. Paleka. CHR. KANUHA: Ms. Wille. MS. WILLE: Yeah, and I would like Mr. Arai to come forward. I voted in favor of this with reservations. I did have some serious questions to ask Mr. Arai, a few questions that when it came forward if he could address them. I just wanted to quickly point those out, I think they were highlighted by the testimony this morning, by Diane Kanealii. Sort of a major concern. This is Ag land. It would be under important Ag land designation. It’s also in a zone, the area in Waimea that has some of the only A-B classified soils in the county, highest yield. One question for me in particular going beyond that was, what is the status under terms of the South Kohala CDP (Community Development Plan)? What we have here currently, the land is very restricted to intensive crops, ranching. Just basically what you would think of, common sense, what is agriculture? Just like that. In terms of what this change would do is, it would make it open up to whatever is on the state—whatever is listed under, allowed in Ag land by the state, which could be anything from solid waste transfer stations, geothermal development—anyway, big processing energy systems. Anyway, a lot. My concern here, if you take it from the South Kohala CDP, is this area designated in terms of our plan for extensive and intensive farming and ranching, and should not be rezoned for urban or suburban type uses. Basically it remains agriculture, but it may not be considered quite as limited as to what’s in here. We’re basically opening it up to anything that’s on the state list. The recommendation here says that the request is consistent with the CDP, and that the property would continue to be used for agriculture as defined by the state and Page 45 Hawaiʻi County Council-45 July 7, 2016 county law. I don’t really agree with the way that’s represented there. Just sort of looking at it when we say how important Ag land is, we’re taking parcels that are like 40 acre parcels and splitting them up into five acres, it could then become, really be moved more and more. You know, further divided. Once you’re at five why not then we have another, more kids, families, another four. So it’s really just sort of looking at this on a big picture, let me say I don’t have something particular about this particular parcel. But again, everything is precedent and when you start looking at what we’re doing, let me say we do have in this area, there are places, say—there’s one place that is allowed for like farm dwellings. And they’ve got a special permit for an automobile or towing or equipment kind of thing that isn’t Ag that went through as a special permit. Mr. Arai, I sort of asked you those questions. And the second thing is, you know, we as a county are responsible to do something in terms of important Ag land. We have not done it. I have a little trouble moving ahead and eliminating lands that to me are like the highest level of important Ag land. And I know responses in the past have been that we haven’t had enough money, whether this was a state mandate to do the important Ag land stuff. But it came without money, but we’re the one county I think that has not ponied up. So those are my concerns, but I don’t know where you are, Mr. Arai. I respect what you have to say, and I do have people in my district that are concerned about this. One person testified. Just overall where are we going, and why wouldn’t we keep chopping all of these lots up. The important Ag land, the South Kohala CDP how should we handle that? (Note: At this time, Deputy Planning Director Darren Arai came forward to address the members of the Council.) MR. ARAI: Good afternoon, Darren Arai with the Hawaiʻi County Planning Department. As far as the CDP is concerned, you know, I appreciate your interpretation of it, and if it is to preserve important agricultural lands I can reassure you that is something we’re also looking at. However as it pertains to this particular request, while we are eliminating an existing restriction within the ordinance in order to line it up with what is now permitted under the state law, if you go out there right now, my recollection is you’re not going to see any intensive agriculture in any of the lots within the subdivision. Even though you may argue that the existing provision should promote that. There is a mandatory Ag, but it basically says this is what you can do on the lands. It doesn’t force an individual landowner to do it. As demonstrated now if you were to drive out there, with the amendment and lining it up with state law it will possibly provide greater opportunities for agriculture of many different types Page 46 Hawaiʻi County Council-45 July 7, 2016 verses the limited agriculture that was devised by the existing ordinance. So I would argue that accepting the amendment and allowing it to pass through, would be further promoting the use and preservation of important agriculture lands. MS. WILLE: You say sort of what are we opening it up to that’s important here. When you say there are other areas that if we basically moved it up to the CDP level will still not be permitted. MR. ARAI: Uses on some of the best of these is defined by the state land use law 205-4.5, right. That does identify all of those uses that the state feels is appropriate on some of the best agriculture lands that we have. So those are some of the uses that we also feel if state law defines it, then why shouldn’t that opportunity that’s afforded anyone else throughout the state also be available to residents in this subdivision, and the residents of this island. MS. WILLE: I’m going to make one more comment, and then I’ll yield. I certainly don’t agree that we should go along with what the state says, and I find a lot of these things are where I find the most powerful lobbyists are and do a good job getting it in. I certainly wouldn’t want a geothermal or a transfer station located in that location. I appreciate what you said, and I think this is something, whether we vote for it or against, I feel that we need to do more work in this area long term and more definition. CHR. KANUHA: Thank you, Ms. Wille. Ms. Poindexter. MS. POINDEXTER: You mentioned that right now there is no cultivation of crops and stuff going on their currently. And that moving it to the five acre you think that there would be more. MR. ARAI: My understanding is there’s no intensive, appreciable intensive agriculture uses. MS. POINDEXTER: Okay. So moving it to five, the commission, you guys believe that you’ll have more intensive? I mean, because who’s monitoring that and who will hold them accountable? Because right now, I mean in some of the discussions we’ve had listening to the testifier, you know, I’m tending to agree with her. Because we had these discussions before that, you know, who’s holding them accountable to Ag. Because you have a lot of these people who are paying very cheap property taxes, and really not doing intensive Ag. So here we’re going to limit the sizes of the lots, which the testifier states now. Really, what are we doing? Are we allowing them now to take out saying that they have to meet the farm dwelling kind of compliance, when now they can build these nice rich homes and put a tangerine tree or something on there, whatever? Page 47 Hawaiʻi County Council-45 July 7, 2016 In discussions I’ve heard we cannot hold people accountable to do that, because we don’t have enough inspectors, and things need to be fixed. I understand what Council Member Wille is saying, we’re moving all in this direction before we take care of correcting some of the things that need to be corrected when we’re talking about accessing Ag properly, holding people accountable to what they’re supposed to be doing. I’m going to rely on Council Member Wille, because this is in her district. When she talks about the CDP, their testimony, and we’ve always supported what—because she knows her people best. That is my concern on how do we ensure that, like what you said, we could get more crops going, you know, we could do more cultivation of crops, intensive, when it gets smaller. But how to ensure that? MR. ARAI: If I had all the answers, I probably wouldn’t be before you right now. But I guess in the end is that, and I’m not even sure if this will answer all of your questions, but in my mind, agriculture is not what it used to be. Not what it used to be in the 1980’s, 50’s, and 60’s, it’s changed. It’s changed dynamically, and I think the state law has changed as well to recognize the various type of uses. Just a few years ago things like agriculture base, commercial operations, agriculture tourism, was never in the mix, but that is all changing. I think by providing greater opportunities rather than legislating only a certain class of use on Ag land is not the right way. Because you can’t just simply legislate, especially when you have owners with different interests and abilities. MS. POINDEXTER: Thank you for that. Because I think some time ago, I would always talk about I don’t support real large kind of farming operations. I believe in the backyard small farming operations, and more working towards the self-reliant. Like how we did it back in the day, when we lived in those small communities. So if this is moving in that direction again, I’m going to rely on Council Member Wille and knowing her community, where they stand with this, so I can help support that. But you just made it a point saying that bigger stuff doesn’t always work, when we talk about self-reliant, sustainability, and when we talk about food. And that smaller portions can cultivate more crops, and smaller portions because people have different needs or talents or whatever to manage their crops. So again, I’m going to yield at this time, and rely on a lot of what Council Member Wille is stating. CHR. KANUHA: Council Members, any other discussion? Ms. Eoff. MS. EOFF: I do have a question. So actually this bill doesn’t change the lot sizes, right? It just changes the conditions that are associated with approval of the second increment that expands it to include any uses that are allowable under state law, rather than the restrictions that were put in this original ordinance. MR. ARAI: That is correct. Just wanted to add, five has already occurred, it’s been in place since the 80’s. So it is just to remove that restriction. Page 48 Hawaiʻi County Council-45 July 7, 2016 MS. EOFF: Right. So I’d like to ask Ms. Wille a question, because I too want to support her and the concerns raised. Because I see that she’s thinking way into the future now, about what could possibly happen after we undo these conditions. I’m just wondering if maybe we had more time to work on it, if you could do that it would be some kind of preventative measure. So that the things that you’re afraid could happen, would still be restricted but maybe not to go to the extent that it was in the first place. Just as a solution. MS. WILLE: Yeah, that was my— CHR. KANUHA: Was that a question to Ms. Wille? MS. EOFF: Yeah, it was. CHR. KANUHA: Ms. Wille, do you want to respond? MS. WILLE: Yeah. That’s where I was going. I mean there’s what land is zoned and there’s how it’s used. Because its zoned agriculture, doesn’t mean everything on the state’s list we would call agriculture. I would not for example call a geothermal plant an agriculture, okay. So when we’re opening it up we’re not opening it up to necessarily wider Ag uses. We’re opening it up to whatever has been added to the list of what’s permitted on Ag zoned land. I’ll tell you I’m sort of in between whether we postpone it and try to restrict the items. Right now this land is limited in terms of restrictions to what we would call agriculture, including ranching. So it’s not just like intensive crops, including ranching. But would then open it up to all of the 20-something on the state list of whatever they’re going to allow you in an Ag zoned area. Or do we say, okay, we don’t have our act completely together here. We approve this and in the future, I would be inclined not to approve anything further that affects Ag land. Until we address how to deal with important Ag land, as we were in theory supposed to have done by now, and address how we look at this issue of agriculture. I think it’s bigger than this one case. I know this is being initiated by— CHR. KANUHA: Ms. Wille, I think you answered Ms. Eoff’s question. MS. WILLE: Okay. CHR. KANUHA: Thank you. Ms. Eoff MS. EOFF: So you’re saying that if we in the future would address what this county believes is appropriate use of Important Ag Lands, then you would want that to apply to this application too. So what would we do right now though, because this is in second reading. Yeah, I’m asking you again, because you thought about this more than we have probably. Page 49 Hawaiʻi County Council-45 July 7, 2016 CHR. KANUHA: Ms. Eoff, did you have a specific question about the— MS. EOFF: Well I’m not sure where she wants to go, because— CHR. KANUHA: Because Ms. Wille can state in her next round on what she wants to do. MS. EOFF: Okay, I can wait and listen to that. That’s true, okay. I’ll yield then. CHR. KANUHA: Thank you. Council Members, still on first round. Okay, second round. Ms. Wille. MS. WILLE: Okay. I can move to postpone and meet with Mr. Arai, and see if there’s something that we could do to at least addresses the issues that clearly I would say would be outside of the South Kohala CDP. And sort of look at it from the CDP angle and try to do that as quickly as possible, and that would be my preference. Again I think that there’s—I’m not trying to hold anybody up, I think that there are other uses on this land. I just don’t want things to be a precedence, so I’m going to move to postpone on this, and try to follow up and keep it somewhat simple, but not have it be where we’re saying it doesn’t matter that it’s important Ag land, it doesn’t matter what the CDP defines. Motion to Postpone: Ms. Wille moved to postpone Bill 210 to August 3, 2016. Seconded by Ms. Eoff. CHR. KANUHA: Council Members, any discussion? Just briefly, because this was Planning Director initiated, I want to make sure. I mean I know okay with the Council to postpone it. I know you might not say it’s all good, but I just want to make sure that there’s no deadlines. Okay. Council Members any other discussion on the postponement to August 3, council meeting? All in favor of the motion to postpone say “aye.” Vote on Motion to: The motion to postpone Bill 210 to August 3, 2016 was to Postpone: carried by the following voice vote: (Approved) Ayes: Council Members David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. CHR. KANUHA: Motion passes. Mr. Chung is excused. We got everything Mr. Clerk? Page 50 Hawai`i County Council-45 July 7, 2016 MR. MAEDA: Yes, we did. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. (There were none.) REFERRALS The Chair directed the Council to proceed to the next order of business, FOR EXECUTIVE Referrals for Executive Session. SESSION: (There were none.) OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There was none.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) CHR. KANUHA: May I have a motion to adjourn? ADJOURN- There being no other business, at 12:59 p.m., Mr. Onishi moved to adjourn MENT: the meeting. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Council Members David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha— 8. Noes: None. Absent: Council Member Chung— 1. Excused: None. CHR. KANUHA: We are adjourned. Council Approval: MAR 2 8 2018 11° t, ' C• t I TY CLERK SM/rk Page 51