HomeMy WebLinkAboutMIN COUNCIL 2016/08/03 2014-2016 Hawaii County Council
471h Session
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii
August 3, 2016
INVOCATION: The Reverend Tag Taggart of the Center for Spiritual Living gave the morning's
invocation.
CALL TO The regular meeting of the Hawaii County Council was called to order at
ORDER: 9:05 a.m., in the Council Chambers, Hilo, by Mr. Dru 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 Eagan, Member
Mr. Dennis "Fresh" Onishi, Member (came in later)
Mr. Danny Paleka, Member
Ms. Margaret Wille, Member
PLEDGE OF The Chair directed the Council to the next order of business, Pledge of
ALLEGIANCE: Allegiance.
(At this time, Ms. Wille led the Council in the Pledge of Allegiance.)
PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions,
MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence.
CERTIFICATES
OF MERIT, AND (There were none.)
EXPRESSIONS OF
CONDOLENCE:
STATEMENTS The Chair directed the Council to the next order of business, Statements from the
FROM THE Public on Agenda Items.
PUBLIC ON
AGENDA ITEMS: The following individuals registered to speak and came forward when called by
the Chair.
Cory Harden: Res. 565-16 (Comm. 944), comment.
Lou Rhoades: Bill 217, Draft 2 (Comm. 908), in opposition.
Hawaii County Council-47 August 3, 2016
Curtis Tyler: Bill 216 (Comm. 911), comment.
Simmy McMichael: Bill 216 (Comm. 911), in opposition.
Pete Hendricks: Res. 553-16 (Comm. 925), in support.
(representing the Waimea Preservation
Association)
April K. Lee: Res. 565-16 (Comm. 944), in support.
Carol Ignacio: Res. 552-16 (Comm. 922), in support.
Lauren Zirbel: Res. 565-16 (Comm. 944), comment.
Josephine Keliipio: Bill 216 (Comm. 911), comment.
Janice Palma-Glenne: Res. 565-16 (Comm. 944); and
(representing Kona Kai Ea Bill 216 (Comm. 911); in opposition.
Surfrider Foundation)
J. William Sanborn: Res. 553-16 (Comm. 925), in support.
Dexter Yamada: Res. 565-16 (Comm. 944), comment.
(representing KYD Inc.)
Farrah-Marie Gomes: Res. 558-16 (Comm. 935), in support.
(representing Hawaii Island Women's
Leadership Forum)
Angeline Geldho£ Res. 557-16 (Comm. 933), in support.
Megan Lamson: Res. 565-16 (Comm. 944), comment.
(representing the Hawaii Wildlife Fund)
Marcia Kay: Res. 566-16 (Comm. 945), in support.
Joe Pierce: Res. 557-16 (Comm. 993);
Res. 558-16 (Comm. 935);
Res. 559-16 (Comm. 936);
Res. 560-16 (Comm. 937);
Res. 561-16 (Comm. 938);
Res. 562-16 (Comm. 939);
Res. 564-16 (Comm. 941);
Res. 566-16 (Comm. 945);
Res. 567-16 (Comm. 945); and
Bill 224 (Comm. 943); comment.
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Hawaii County Council-47 August 3, 2016
Joyce Alberta Folena: Res. 552-16 (Comm. 922);
Res. 560-16 (Comm. 937); and
Res. 565-16 (Comm. 944); in support.
Gregory T. Smith: Res. 552-16 (Comm. 922);
Res. 560-16 (Comm. 937); and
Res. 565-16 (Comm. 944); in support.
Recess: At 10:22 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 10:33 a.m.
APPROVAL The Chair directed the Council to proceed to the next order of business, Approval
OF MINUTES: of Minutes.
(There were none.)
COMMUNI- The Chair directed the Council to proceed to the next order of business,
CATIONS: Communications.
(There were none.)
ORDER OF The Chair directed the Council to proceed to the next order of business, Order of
RESOLUTIONS: Resolutions.
Res. 552-16: SUPPORTS THE NECESSARY INITIATIVES FOR THE COUNTY OF
HAWAII TO ACHIEVE CERTIFICATION AS A BLUE ZONES COMMUNITY
Urges the County to adopt policies that will apply towards certification as a Blue
Zones Community, with an emphasis on reducing tobacco use, increasing
production of and access to healthy foods, and implementation of complete Streets
projects.
Reference: Comm. 922
Intr. by: Ms. Poindexter
Approve: HSSSC-3
Motion to Approve: Ms. Poindexter moved to adopt Res. 552-16 and Human
Services and Social Services Committee Report No. 3.
Seconded by Ms. Wille.
CHR KANUHA: Ms. Poindexter.
MS. POINDEXTER: Yeah, I think we had a healthy discussion in Kona, and
from what Carol testified, too. How impressive to be in the National Geographic,
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Hawaii County Council-47 August 3, 2016
and that entire National Geographic is about Blue Zone. So I would encourage
everyone when it gets on island to get a copy to understand what it's about. But I
ask for your support. Okay, thank you. Aloha.
CHR KANUHA: Thank you, Ms. Poindexter. Ms. Wille.
MS. WILLE: Yeah, I agree that we did have a good discussion. I only want to
point out sort of what is the County's jurisdiction or area of authority with regard
to health. That's been generally considered a State issue. In fact, if you were to
look at our current General Plan, you don't see any section on health. That was
one thing in the bill that I brought forward to get a Charter amendment to sort of
give a better vision of what our General Plan should be. It particularly adds
health. Also environmental wellbeing, economic wellbeing, socio-cultural
wellbeing. But in terms of health, it's not like the State individuals, it's what can
we on a community basis, dealing with a community. Whether it's a community
ohana of the island, or the communities within our jurisdictions and looking at it
in that, who is the "us" that we're looking at and that we do have a responsibility
and role in terms of supporting and promoting better health. I think that we can
be actually very effective in that regard.
So again, we're back to our discussion in the previous time. Thank you, Carol,
for all your efforts. And last Sunday, or was it Saturday, great effort in North
Kohala. Again, thank you.
CHR KANUHA: Thank you, Ms. Wille. Mr. Eagan.
MR. ILAGAN: Thank you, Mr. Chairman. First of all, I just want to say thank
you, Ms. Poindexter, for introducing this. I definitely will support it. I wanted to
ask Ms. Ignacio a question. Is it okay to bring her up? Thank you.
(Note: At this time Blue Zones representative Carol Ignacio came forward
to address the members of the Council.)
MR. ILAGAN: Council Member Danny Paleka and I, we've been working on a
permaculture workshops throughout Puna, and I've been also wondering because
we haven't involved the Blue Zone regarding these workshops. They were
funded prior years, and now we're looking to start up the new series. How
would—because when I look at the Be It Further Resolved, "Increase demand for
production of and access to locally grown foods,"how would we involve the Blue
Zone with these series of workshops?
MS. IGNACIO: Well, one thing that we've done, you know, and the reso
references that, is working on policy with food, tobacco and built environment.
So one of the ways that we have initiated part of that process is, you know, when I
came on with Blue Zones, I took about two or three months to kind of, number
one, find out what's out there, who's out there, who's doing what. And born and
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Hawaii County Council-47 August 3, 2016
raised here, I thought I knew stuff I realized that I didn't. That there is just so
many organizations, stakeholders, kuleanas, working on food issues. Whether it
be sustainable ag, food access, you know, across the board.
So in January, Councilman Ragan, I convened, invited everybody that I could
think of that was involved in food policy issues, and we convened at NHERC
(North Hawaii Education and Research Center) I think we must have had like
30-some different organizations. It was really just to talk story and see, to answer
the question that you just asked, "What role can Blue Zones play in this kuleana?"
The consensus across the board, which was very, very interesting, was we're all in
silos. Magnificent work, we're all in silos. One doesn't know what the other one
is doing.
So long story short, what we did, and we meet bi-monthly, we formed the Hawaii
Island Food Alliance. Our role is simply that of convening and facilitating. What
has come out of—we've had three meetings, and the participation is just
phenomenal. I mean it consistently grows, and this is across the board, all the big
players, you know, Food Banks and all of that. Then we broke up into four
working groups. So to answer your question, our role is currently and will
continue to be the convening the facilitating of the stakeholders, and as issues
surface, whether it be on policy or programs, bringing our evidenced-based
research, or our resources, administrative whatever to the table. So we can
continue to do that, and we will with the alliance, but see how that can, you know,
coalesce with what you folks are doing.
MR. ILAGAN: Okay, well it sounds likeI'm having a meeting with you later
this month, so we'll work out the details and figure it out.
MS. IGNACIO: Right, on the 15'h.
MR. ILAGAN: Yes.
MS. IGNACIO: We'll see you. Okay, thank you.
MR. ILAGAN: Thank you. Thank you for the question.
CHR KANUHA: Thank you. Council Members, any other discussion before I
ask for the vote? Okay, hearing or seeing none, all in favor of the motion to
approve say "aye."
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Hawaii County Council-47 August 3, 2016
Vote on Res. 552-16: The motion to adopt Res. 552-16 and adopt Human
(Adopted) Services and Social Services Committee Report No. 3 was
carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ragan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha–9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Mr. Clerk, Resolution 553.
Res. 553-16: AUTHORIZES THE DIRECTOR OF FINANCE TO NEGOTIATE A
MULTI-YEAR LEASE OF REAL PROPERTY, OLD WAIMEA TAX OFFICE,
SITUATED AT WAIMEA, SOUTH KOHALA, COUNTY AND STATE OF
HAWAII, IDENTIFIED AS TAX MAP KEY: 6-7-002:025, TO THE
WAIMEA PRESERVATION ASSOCIATION
The property, consisting of 31,652 square feet, would be used by the Waimea
Preservation Association as a historical resource center.
Reference: Comm. 925
Intr. by: Ms. Eoff
Approve: FC-70
Motion to Approve: Ms. Eoff moved to adopt Res. 553-16 and adopt Finance
Committee Report No. 70. Seconded by Ms. David.
CHR KANUHA: Ms. Eoff, did you want to go first?
MS. EOFF: No, I'm going to yield to Ms. Wille.
CHR KANUHA: Ms. Wille.
MS. WILLE: I just want to first recognize the work that's been done by the
Waimea Preservation Association. And really taking on what was falling down
and could have just bulldozed away building, and making it happen. It's a very
small building there at the corner in Waimea, and they have—and it's available to
other groups. I know P.A.T.H. has used it, and Waimea Trails and Greenways
and County groups. So it's nice particularly where you just have a small group of
people and making it available.
So I urge that we pass this and enable them to have this lease available now that
it's available for use. Thank you.
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Hawaii County Council-47 August 3, 2016
CHR KANUHA: Thank you, Ms. Wille. Any other discussion? Hearing or
seeing none, all in favor of the motion to approve say "aye."
Vote on Res. 553-16: The motion to adopt Res. 553-16 and adopt Finance
(Adopted) Committee Report No. 70 was carried by the following
voice vote:
Ayes: Council Members Chung, David, Eoff,
Ragan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha–9.
Noes: None.
Absent: None.
Excused: None.
Res. 557-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PAY FOR A CROSSWALK AND FLASHING LIGHTS
FOR HAWAII MONTESSORI SCHOOL ON MANAWALE`A STREET, NORTH
KONA
Transfers $10,000 from the Clerk-Council Services –Contingency Relief account
(Council District 8); and credits to the Public Works, Transfer to Highway Fund
account.
Reference: Comm. 933
Intr. by: Ms. Eoff
Motion to Approve: Ms. Eoff moved to adopt Res. 557-16. Seconded by
Ms. David.
CHR KANUHA: Ms. Eoff
MS. EOFF: Thank you, Mr. Chair. I didn't plan it this way, but it worked out
really well, because the issue of kids and going back to school and safety isas
we know, school just started. So Kealakehe is—and Montessori school is part of
the Kealakehe School complex in the same area. So I'd like to ask Mr. Thiel to
come up and just explain what we're going to do there. I've been working with
him and Tina from P.A.T.H., who I see in Kona. Because of the safety issues
around, kind of low-income housing and playfields in this area. So I'm really
thankful to Mr. Thiel for helping me be able to do this at this time. Go ahead.
(Note: At this time, Traffic Division Chief Ron Thiel came forward to
address the members of the Committee.)
MR. THIEL: Ron Thiel, Chief of the Traffic Division. I've been working with
the Montessori for quite a few years trying to come up with something. We were
short of funds for several years, but we're getting some Safe Routes to Schools
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Hawaii County Council-47 August 3, 2016
funds now available, and also Council Member Eoff is helping to finance some of
the costs. So we'll be looking at addressing this. My goal is to address all 100
schools on this island. There's 60-some public, 30-some private, and 10-some
charter. There are maybe 10 or 12 so far, and it's a slow process, but this is a
continuation of the process addressing the school issues.
MS. EOFF: Thank you. I also wanted to thank you and others from the
Department of Public Works for reacting to some concerns earlier this week
around the same area. As kids went back to school, we found there were some
small safety concerns that needed to be acted on and I feel like we got immediate
response. The parents are really happy and thankful, so I just wanted to say that,
too.
MR. THIEL: Yes, you're talking about the school crossing flasher lights over by
the high school, and our batteries died.
MS. EOFF: Well thanks for getting on it and watching out for the keiki.
CHR KANUHA: Thank you, Ms. Eoff Any other discussion? Just real briefly,
I want to say thank you for Ms. Eoff This is in her district, but we use this route
all the time to get to work, and you can see the kids running across the street to
the small little charter school. So, you know,public safety is utmost importance,
and to make sure the keiki are well taken care of. That's great, so thanks,
Ms. Eoff, for doing that.
Any other discussion? Hearing or seeing none, all in favor of the motion to
approve, say "aye."
Vote on Res. 557-16: The motion to adopt Res. 557-16 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ragan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Mr. Clerk, if we could go to the sister bill,
Bill 223.
Change Order: As directed by the Chair and with no objection from Council Members, the
of Business: following item was taken out of order:
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Hawaii County Council-47 August 3, 2016
Bill 223: AMENDS ORDINANCE NO. 16-72, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2017
Increases revenues in the Transfer from General Fund account ($10,000); and
appropriates the same to the Signals and Street Lights account. Funds would be
used to install a crosswalk and flashing lights on Manawalea`a Street in North Kona.
Reference: Comm. 942
Intr. by: Ms. Eoff
Waived: FC
Motion to Approve: Ms. Eoff moved to pass Bill 223 on first reading.
Seconded by Ms. David.
CHR KANUHA: Ms. Eoff
MS. EOFF: Thank you. I don't have anything to add, except I'm glad I got
another opportunity just to thank P.A.T.H. and the people from Montessori
Schools, and all of the parents for bringing this to our attention. Mahalo.
CHR KANUHA: Thank you, Ms. Eoff Any other discussion. Hearing or
seeing none, all in favor of the motion to approve, say "aye."
Vote on Bill 223: The motion to pass Bill 223 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ragan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Thank you.
Return to Order The Chair directed the Council to return to the order of business.
of Business:
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Hawaii County Council-47 August 3, 2016
Res. 558-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF
THE FUTURE FOR THE 2016 HAWAII ISLAND WOMEN'S LEADERSHIP
FORUM
Transfers $2,500 from the Clerk-Council Services –Contingency Relief account
(Council District 6); and credits to the Office of the Prosecuting Attorney, Kona
Other Current Expenses account.
Reference: Comm. 935
Intr. by: Ms. David
Motion to Approve: Ms. David moved to adopt Res. 558-16. Seconded by
Mr. Paleka.
CHR KANUHA: Ms. David, go right ahead.
MS. DAVID: Mahalo. I'd really like to thank Farrah-Marie Gomes for her
testimony and the reasoning behind this funding, because I really believe she gave
us an historical rendition of the struggles of women and how we need to really be
mindful of where we are today, and as we move through society as women to
improve our status. So thank you so much, and I just ask your support. Mahalo.
CHR KANUHA: Thank you, Ms. David. Mr. Eagan.
MR. ILAGAN: Thank you, Mr. Chairman. Ms. Gomes, can I ask you question
real quick?
(Note: At this time, Farrah-Marie Gomes of the Hawaii Island Women's
Leadership Forum came forward to address the members of the Council.)
MR. ILAGAN: I just want to say definitely support you and I put in my money
this year. But I wanted to ask you, Deb Lewis, was she in the first annual—what
was her role?
MS. GOMES: So Deb Lewis is one of our charter members. She was part of
about 35 women that we brought on board to be able to provide feedback and give
input in what became what became our first annual event. And based on her
involvement—we actually invited her to become part of our planning group. So
there's six members. Six of us who meet pretty regularly, every other week, to
ensure the success of the summit. We go out to about 30 other women
island-wide as a focus group. So this year Deb Lewis is actually part of our
planning group, but she is always recognized as one of our founding charter
member committee as well.
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Hawaii County Council-47 August 3, 2016
MR. ILAGAN: Oh, okay. That makes a lot of sense because I know last time she
approached me. I didn't have any money at that time, I had maxed out. Then the
whole Council stepped up and gave money, so that was awesome. At this time, I
have some money, so I was able to fortunately give you.
MS. GOMES: Yes, thank you for that.
MR. ILAGAN: But I do want to thank Ms. David for giving to the conference,
and wish the conference great success.
MS. GOMES: Thank you.
CHR KANUHA: Thank you, Mr. Eagan. Mr. Chung.
MR. CHUNG: Thank you. I guess this would be a question to some of you, or
Ms. Gomes. First of all, thank you very much for coming up. Second time, right,
you came. You're so articulate and I really enjoy listening.
MS. GOMES: Thank you.
MR. CHUNG: As you mentioned, some other members are going to be giving
money pretty soon, but I don't know what about—you know, I don't know about
the timing of this thing. So is it going to be more in the way of a reimbursement?
Does anybody know? Because if it comes up at the next Council meeting
because I just saw something for a reimbursement here on our agenda for
something else. I'm just wondering, does anybody have any ideas how this
should best be structured?
CHR KANUHA: The event is when?
MR. CHUNG: The 20'h, right?
MS. GOMES: August 26�h, and what we have is a conversation with Christie
Robin, who is our representative from the Hilton, and the way we operated last
year was we got a bill that was first payable 30 days after the date of the event,
which would extend us towards late September.
MR. CHUNG: Oh, okay.
MS. GOMES: And I know our representative over at the Prosecuting Attorney's
Office is out this week, so we wouldn't be able to look into those details.
MR. CHUNG: But they move it pretty quickly out there?
MS. GOMES: Yes.
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Hawaii County Council-47 August 3, 2016
MR. CHUNG: Okay. I don't know who else is going to be doing this, but I know
there are going to be at least a few.
MS. GOMES: Yes.
MR. CHUNG: I don't know if you want to come back again. It's always nice to
have you here, but I don't—unless you want to further promote it, I would say no
need.
MS. GOMES: Thank you.
MR. CHUNG: Thank you.
CHR KANUHA: Thank you, Mr. Chung. Ms. David.
MS. DAVID: Yes, thank you, Mr. Chung, for bringing that up, because I think
that was my question when I was contacted, the timing of it all. Then she, Farrah
explained that their billing cycle would make it possible for this. So thank you for
further checking though, with Prosecutor's. Mahalo.
CHR KANUHA: Thank you, Ms. David. Any other discussion? Hearing or
seeing none, all in favor of the motion to approve, say "aye."
Vote on Res. 558-16: The motion to adopt Res. 558-16 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ragan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha–9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Thank you. We can do the next item,
Mr. Clerk.
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Hawaii County Council-47 August 3, 2016
Res. 559-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HOSPICE
OF HILO TO ASSIST WITH EXPENSES RELATING TO PERSONNEL
TRAINING FOR END-OF-LIFE CARE
Transfers $3,000 from the Clerk-Council Services –Contingency Relief account
(Council District 4); and credits to the Research and Development, Hawaii
County Resource Center account.
Reference: Comm. 936
Intr. by: Mr. Eagan
Motion to Approve: Mr. Eagan moved to adopt Res. 559-16. Seconded by
Mr. Onishi.
CHR KANUHA: Mr. Eagan.
MR. ILAGAN: Thank you, Mr. Chairman. I just want to—I've been meaning to
also give to Hospice, but the last time I was out of money again. Hospice really
isI know it's stationed in Hilo, but people in Puna, especially on of my Aunties,
has been using it. It has definitely helped out a lot for the family, so I just want to
be able to give back. Thank you.
CHR KANUHA: Thank you, Mr. Eagan. Any other discussion? Okay, hearing
or seeing none, all those in favor of the motion to approve, say "aye."
Vote on Res. 559-15: The motion to adopt Res. 559-16 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.
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Hawaii County Council-47 August 3, 2016
Res. 560-16: 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
BIG ISLAND LIONS FOUNDATION FOR EDUCATIONAL PROJECTS AND
EVENTS TO RAISE AWARENESS ABOUT THE EFFECTS OF ALCOHOL
AND SUBSTANCE ABUSE IN FAMILY LIFE
Transfers $6,500 from the Clerk-Council Services –Contingency Relief account
(Council District 3); and credits to the Liquor Control, Public Programs account.
Reference: Comm. 937
Intr. by: Mr. Onishi
Motion to Approve: Mr. Onishi moved to adopt Res. 560-16. Seconded by
Ms. David.
CHR KANUHA: Mr. Onishi.
MR. ONISHL Just asking for support. This is like my third year—well, second
year to the Big Island Lions Foundation, but this is for the Family Violence
Interagency Committee. So that's where we have that summit that's out in Hilo,
East Hawaii. And this year we are having one more again, the 3rd Annual, which
is on September, I think it was 26�h, that's a Monday. So if anybody's—you
know, you guys are welcome to come. Discussion is going to be about, you
know, healthy families, family violence, being aware of like, they mentioned
about like alcohol and drugs and so forth.
Then also, there will be in October the Ohana Fun Day that's held at Pu`eo
Community Center. So we also this year too, with some of these funds are going
to be used to do this poster contest. So we're going to have like children from
kindergarten to maybe high school to come up with some drawings in regards to
what is a healthy family. So we'll have a contest on that, then make posters.
So hopefully, you know, things are going to work out, and I ask for your guys'
support. Thank you.
CHR KANUHA: Thank you, Mr. Onishi, any other discussion, Council
Members? Okay, hearing or seeing none, all in favor of the motion to approve,
say "aye."
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Hawaii County Council-47 August 3, 2016
Vote on Res. 560-16: The motion to adopt Res. 560-16 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ragan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. I'd like to just take a few of the second reading
bills, and then we can come back to Resolution 565. If we could, Mr. Clerk, go
down to Bill 214.
Change Order: As directed by the Chair and with no objection from Council Members, the
of Business: following items were taken out of order:
Bill 214: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL—THREE ACRES (A-3a) TO FAMILY AGRICULTURAL—
ONE ACRE (FA-la) AT WAIAKEA HOMESTEADS 2ND, WAIAKEA,
SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-4-034:044
(Applicant: Chris Brilhante) (Area: 3.5876 acres)
The Windward Planning Commission forwards its favorable recommendation for
this change of zone, which would allow the applicant to subdivide the property
into three lots. The applicant states that the lots will be conveyed to family
members.
Reference: Comm. 906
Intr. by: Mr. Eagan (B/R)
First Reading: July 19, 2016
Vote on Bill 214: Mr. Eagan moved to pass Bill 214 on second and final
(Adopted) reading. Seconded by Mr. Onishi and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. And if we could go to Bill 217.
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Hawaii County Council-47 August 3, 2016
Bill 217 AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8,
(Draft 2): CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO
NEIGHBORHOOD COMMERCIAL— 10,000 SQUARE FEET (CN-10) AT
WAIAKEA HOUSE LOTS 1sT, WAIAKEA, SOUTH HILO, HAWAII,
COVERED BY TAX MAP KEYS: 2-2-027:038, 039, AND 058
(Applicant: James Ishii) (Area: 58,500 square feet)
The Windward Planning Commission forwards its negative recommendation for
this change of zone, which would allow the applicant to consolidate three
contiguous lots on which the applicant's three existing dwellings would be
removed to develop a 14,000 square foot commercial building to be used as office
space with on-site parking provided.
Reference: Comm. 908.4
Intr. by: Mr. Eagan (B/R)
First Reading: July 19, 2016
Motion to Approve: Mr. Eagan moved to pass Bill 217, Draft 2, on second and
final reading. Seconded by Mr. Onishi.
CHR KANUHA: Council Members, any discussion? Ms. Poindexter.
MS. POINDEXTER: Is this the one that the testifier came up and talked about,
that lot? Is that this one here? Could you just explain why theI think the last
time they did, at the Committee level, explaining why the negative
recommendation came back. I don't think they had quorum, so I just want the
public to be aware of that.
MR. ONISHL No, they did have quorum, but the think was—they had a thing
like four members, there was like three-two, the vote. Three in favor of the
rezoning, two was against it. So I was just thinking about that just now, like I
think we've got to change that, or—you know, because to me, if you win
three-two, you win the rezoning. But it looks like they have to get like a super
majority maybe.
MS. POINDEXTER: So I just—thank you for that, because
MR. ONISHL Seven members. Oh, okay, so that's why. That's what happened.
MS. POINDEXTER: So I just wanted that, because the perception is when
people read the agenda that, wow, we're going against what the commission is
recommending. But thank you, Council Member Onishi, for that explanation.
That's all I had.
CHR KANUHA: Thanks, Ms. Poindexter. Ms. Eoff
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Hawaii County Council-47 August 3, 2016
MS. EOFF: But this is where the controversy keeps kind of coming back at us.
Whether this area should be commercial or residential, because it's Mixed-Use,
right? And some of the people feel that they expect it to stay Residential, and
others believe that the Mixed-Use is appropriate. I don't know what your
CHR KANUHA: Was that a question to Mr. Onishi?
MR. ONISHL Well, Mr. Kanuha is coming by, so that's great. But you know, if
you look at the General Plan, in the General Plan it states that the major
connectors, which is like Kekuanaoa, Manono, Kanoelehua, Lanikaula, and what
was the other one? There was another, but those are okay, or it's like in the
General Plan allowable to have Mixed-Commercial. But like in, say Hinano,
Laukapu Street, in the General Plan you're not supposed to have any
Mixed-Commercial. That's supposed to stay as Residential. So that's where I
guess people, you know, like I guess are looking at it like all the streets should
stay Residential, but then in the General Plan, it's allowable. Mr. Kanuha?
CHR KANUHA: Duane, yeah. If you could come up. We're currently talking
about Bill 217.
(Note: At this time, Planning Director Duane Kanuha came forward to
address the members of the Council.)
MS. EOFF: I guess just to clarify, we had some testifiers today and I think last
time who felt they bought into a Residential neighborhood and now we're
allowing zoning to be changed to Commercial, and I think we had an
understanding, and Mr. Onishi had mentioned it before, that this area is
appropriate for Mixed-Use. So I just wanted you to clarify that, and I'm not sure
how we're going to resolve this in the future, because it does seem like there's a
division among the residents with what is appropriate.
DIR. KANUHA: Duane Kanuha, Planning Director. Good morning, members of
the Council. The houselots area has always been in the General Plan as an area of
transition, you know, for future transition from Residential to Mixed-Use
Commercial. Primarily Mixed-Use, kind of Commercial, the way it's tending to
go towards now. One of the reasons for that was the adjacent Kanoelehua area,
you know, which started off as a relocated area for businesses that were displaced
because of the 1960 tsunami, like they got displaced over into Kanoelehua, but
those properties are all State leased. They're all leasehold properties. Over time,
a lot of those Light Industrial or Heavy Industrial related uses have kind of
transformed into Mixed-Commercial/Light Industrial kind of components.
So the opportunity for fee simple properties to be used for Commercial, even
Light Industrial purposes, the houselots area was looked at as an alternative area
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Hawaii County Council-47 August 3, 2016
for that. It's been carried in the General Plan as an area in transition between
Residential and medium density, you know, basically is what it is. So that's how
it's been as far as can recall from the early, early days of the General Plan.
MS. EOFF: Thank you for that historical information.
CHR KANUHA: Thank you, Ms. Eof£ Council Members, any other discussion
on this one? Ms. David.
MS. DAVID: Yeah, Director thank you. I'm looking at your transmittal.
Initially the Planning Director did submit a favorable recommendation, but due to
the vote, the negative recommendation was forwarded to us. So I think what the
issues that the testifier has spoken of, have those been mitigated as far as granting
of this request? While you're thinking, I think I see in the report that no
variances—if this is granted, no variances are anticipated, right?
DIR. KANUHA: Yes.
MS. DAVID: So they would just be held to what is contained and what they can
do with this zoning?
DIR KANUHA: Correct, what's allowed under the zoning. Yes, that's correct.
MS. DAVID: Okay, thank you very much. I think, I'm not sure, we are in a
predicament with this kind of changes and requests, but I think the explanation
about this being historically intended for a Mixed-Use, I think will satisfy at least
my, for now, in this application. We might have to revisit it if we start to get
more. So thank you very much.
CHR KANUHA: Okay, any other discussion? Hearing or seeing none, all in
favor of the motion to approve, say "aye."
Vote on Bill 217; The motion to pass Bill 217, Draft 2, on second and final
Draft 2 reading was carried by the following voice vote:
(Adopted)
Ayes: Council Members Chung, David, Eoff,
Ragan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha–9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Mr. Clerk, can we also do Bill 216?
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Hawaii County Council-47 August 3, 2016
Bill 216: AMENDS ORDINANCE NO. 04-56, WHICH RECLASSIFIED LANDS
FROM AGRICULTURAL—FIVE ACRES (A-5a) TO SINGLE FAMILY
RESIDENTIAL—7,500 SQUARE FEET (RS-7.5) AT PUAPUA`A 2ND, NORTH
KONA, HAWAII, COVERED BY TAX MAP KEYS: 7-5-020:071 AND 072
(Applicant: Alii Palms, LLC) (Area: 10.142 acres)
The Leeward Planning Commission forwards its favorable recommendation for
amendments to Condition B (final subdivision approval) and Condition J
(construction of drainage improvements); and its unfavorable recommendation to
amend Condition V (fair share contributions). The proposed project has not
changed from that presented by the former applicant to develop a 58-unit, single-
family residential subdivision and related improvements.
Reference: Comm. 911
Intr. by: Mr. Eagan (B/R)
First Reading: July 19, 2016
Motion to Approve: Mr. Eagan moved to pass Bill 216 on second and final
reading. Seconded by Mr. Onishi.
CHR KANUHA: Council Members, discussion. Ms. Eoff
MS. EOFF: Thank you.
CHR KANUHA: And again, we do have the applicant here for questions.
MS. EOFF: So at the last reading, I expressed a lot of concerns. Some of them
have been talked about again today with testifiers. I've tried to go over this in my
mind quite a bit, and I understand that this is not a rezoning, it's just a time
extension, and even any action here to deny a time extension doesn't actually
change the zoning. My concerns are basically the traffic mitigation. Without
Alii Highway in the near future, we don't have a lot of solutions for Alii Drive
currently. But in speaking with the Public Works and Planning Director, I believe
that there will be mauka-makai roads that will be completed either—maybe not
exactly concurrently with this project, but the condition that the Planning
Department added in, I believe it's Condition D, requires an updated TIAR
(Traffic Impact Analysis Report), which if any level of service is found to be
below standard, certain mitigations would be required prior to occupancy.
I guess I'll ask the Planning Director to kind of confer if that's—if my
understanding is correct. Then maybe some of these mauka-makai roads, we
could see to it that the completion dates are speeded up so that we can have some
level of assurance that we won't be creating—because I don't feel like, me, I
don't want to be responsible. I also don't want to get the County into a bind by,
you know, trying to urge somebody not to approve a time extension, and any
ramifications that could come to us from that. So I just want to do the right thing,
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Hawaii County Council-47 August 3, 2016
but be responsible. So I'm hoping that this Condition D will satisfy some of the
concerns that I have, and then other in that community. Maybe you could just
elaborate on what that
MR. KANUHA: Elaborate on Condition D. Again, Duane Kanuha, Planning
Director. I believe that the last meeting or the meeting subsequent to that,
Condition D relates to a determination by the Department of Public Works, right,
that the TIAR does not exceed Level of Service D. And I believe a representative
of the Department of Public Works, Mr. Ron Thiel, I think he validated on behalf
of the Department of Public Works that in his analysis, based on the TIAR and
whatever other information they use to base their recommendation they use to
base their recommendations in a finding that he concurred that the level of
service, you know, for this project would not exceed Level of Service D.
You know, again it's our condition, but how it's reviewed and analyzed and
determined is not by us, but primarily the department of Public Works.
MS. EOFF: But if they found at the time when the new TIAR is analyzed that
there is a concern there, then you would impose this requirement where you
would deny occupancy until something is mitigated, correct?
DIR. KANUHA: Correct.
MS. EOFF: So I understand that there's a plan for I think it's Lako Street and
Nani Kailua extensions in the somewhat near future, and then a testifier today
referred to another road that was proposed at one time near Kahakai Estates as
another mauka-makai connector? Is there something we can do to facilitate any
or all of those to be completed in the near future?
DIR KANUHA: Those to roads are going to require participation by private
landowners. Lako Street, the landowner, or potential landowner involved in there
has taken that quite a ways in terms of determining right-of-ways, alignments,
things of that nature. But I think you've got to understand that for that section of
Lako Street to be implemented and constructed, that landowner is going to require
additional entitlements.
MS. EOFF: Right.
DIR KANUHA: It's not a free lunch, right? The other roadway, that alternative
has come up—actually it has come up in more recent discussions relative to
potential alternatives to move the Alii Parkway alignment along. The other
roadway that's been discussed has been looked at as another alternative to perhaps
shorten Alii Parkway and go up to Kuakini, because if you complete the rest of
the Alii Parkway alignment all the way to its end, then there's other significant
cost involved, and time and delay and all of that. So that's my understanding of
the status of two of those roadways.
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Hawaii County Council-47 August 3, 2016
MS. EOFF: I know that you've been in discussions with Mr. Kanuha and I, and
I'm sure—this is in Dru's district, but I'm sure as we move forward, knowing that
there's other projects that have been approved on Alii Drive, there's a way to
figure out those numbers of units that are already approved, that we would
hesitate in approving any further.
DIR. KANUHA: I think I've already gone on the record in saying that looks like
the alternative we have. It takes some timing for those projects
MS. EOFF: Right, until we have some—right. And at the same time, I think the
Kona CDP (Community Development Plan) and this Council or the next Council
should be prioritizing those mauka-makai potentials and whatever we're going to
do with the Alii Highway. If it's not going to be built as was originally
proposed, but if some kind of a road will be necessary, that we really, really need
to focus on these things so that we do not get ourselves into the kind of bind that
we see in Honolulu orI just came back from the mainland and it's tragic when
you completely spoil either the safety of a community or the quality of life of our
residents by not making sure our roads are built concurrently. So I think we
really, really have to focus our attention there. But I'm thankful that you've
noticed this and are going to help us to do that.
But for this particular project, I know we're on second reading. I've been
bringing up concerns and listening to testifiers, and I don't feel completely good
about not having a stronger condition in here, but I really don't know what else
we can do. But I really thank you for putting in this Condition D. I feel that if we
realistically look at that, when the time is right we'll have an answer. Mahalo.
CHR KANUHA: Thank you. Ms. Wille.
MS. WILLE: Yeah, I assume you can answer these questions. What is a "Loss of
Service DT' Just for the—we're talking here. You know, in other words that
there would be some additional requirement if this area falls below—as low as
Level of Service D. What is D and what does it take to be—so it's going to be
okay as long as it's D or better, right? So what is D, that we're saying it's okay?
DIR KANUHA: Again, we're not the one that's saying it's okay. That
determination is made by the Department of Public Works in consultation
MS. WILLE: Yeah, I just didn't see Ron sitting here, and are you familiar with
it?
DIR KANUHA: Well, I think the applicant has their traffic engineer present, so
perhaps he might be a more appropriate person to respond to that.
MS. WILLE: Okay, so maybe whoever it is that's the traffic engineer,just
explain to me. So as I read this, it's saying as long as it's at least a D, and that
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Hawaii County Council-47 August 3, 2016
we're good with a D, then it's okay. So what does a D mean for the average
driver, person living there concerned about emergencies, what are we telling you
when we say you're good as long as it's a D?
(Note: At this time, Mike Packard, Traffic Engineer with SSFM
International, came forward to address the members of the Council.)
MR. PACKARD: Council Member,just to answer your question regarding level
of service, it's a standard traffic engineering terminology to define the overall
operations of delay in seconds per vehicle that it would take when you come to an
intersection and stop. Vehicles traveling along the primary roadway that don't
have a stop sign would travel through with zero delay. No impact whatsoever
outside of potentially people stopping to turn in front of them. However, when
you come to a stop sign, the amount of time that it takes you to clear the
intersection, be it from cars that are queued up behind or traffic in the other
direction and finding a gap in that traffic, that contributes to this seconds of delay
that it would take you to get through the intersection.
So if you think about it and you pull up to an intersection that has no cars at it and
you stop and then you proceed after you legally come to a false stop, you didn't
roll through, that's still somewhere around a couple of seconds. Because it takes
a couple of seconds to stop and then go again. So the idea of seconds of delay is
not a bad thing always. Ron testified last time that he actually changed these
intersections to be all way stops to make sure that Alii Drive did not constantly
become this throughway. It was more of a stop-go situation so that people didn't
use it as an alternative to bypass traffic.
MS. WILLE: Okay, so what's the difference between a D and a
MR. PACKARD: I was just about to get there. I don't want you think about the
lines of D as being bad. It's not like in school where D is a bad
MS. WILLE: But that's the impression, so I want to clear this up.
MR. PACKARD: I know. Well we are traffic engineers and we are trying to
you know, they could have done red, yellow, green, blue. But D reflects, at a
stop-controlled intersection, the seconds of delay of 25 to 35 seconds of delay. So
if you come to a stop and you wait 25 seconds before you can go, that would be a
level of service D, and that is considered acceptable.
MS. WILLE: Okay, so we're saying sort of if you stop half a minute at each one,
we're good. So what is an E, what does it take to get to a—and that's considered
acceptable, right? You don't unacceptable until you hit an E and F, right?
MR. PACKARD: Absolutely, and that would be at 35 seconds.
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Hawaii County Council-47 August 3, 2016
MS. WILLE: Okay.
MR. PACKARD: So 35 seconds and greater at a stop-controlled intersection as
opposed to a traffic signal—they differentiate between the two—that would be
considered unacceptable.
MS. WILLE: Okay, so what is the current level of service right now? So, and
we're supposed to, you know, in terms of concurrency law, say no if it's going to
reach on unacceptable LOS within five years. So I just want to clarify this for
and what we're putting in is the condition and telling them, "You all can ahead,
provided you do a study before the final approval that it comes out to be D's or
better."
MR. PACKARD: Absolutely, I am "them," and I have completed that already.
So we have actually worked with Ron to satisfy the conditions of D, and that we
completed our full traffic analysis report that looked for the concurrency
requirements at five, ten and twenty years into the future. At existing conditions,
we found that of all of the movements, and each movement has its own delay
because as I mentioned they operate differently, the worst—all of the movements,
the worst one is Level of Service D. Everything else is A, B and C. There's one
movement that's D; everything else is A, B, and C. So, on the whole
MS. WILLE: And this is for the five-year projection, right?
MR. PACKARD: No, that was for existing.
MS. WILLE: Oh, that was for existing.
MR. PACKARD: Absolutely. So the five-year projection shows thatI can cut
to the answer, but it shows that everything is Level of Service D or better.
MS. WILLE: And how many D's at five—how many—you said right now,
current conditions, you're figuring just one D, right?
MR. PACKARD: Correct. With the project, we'll maintain one D. So to clarify
why that's the case, Ron kind of got into it last time. There's been a consistent
decrease in traffic volumes along Alii Drive for the past 10-plus years.
MS. WILLE: Right, and let me just ask you on that, you know there wasI don't
know whether you read the testimony that was submitted. There was a
clarification that Ron was speaking at one particular location, and the person's
testimony said it came across as if it was along Alii Drive, sort of the way you
phrased it right now, which what he's saying is that was not what he found, is that
he's only talking about that specific
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Hawaii County Council-47 August 3, 2016
MR. PACKARD: So Ron was reporting for what was in the traffic report that I
wrote, and in general when we do these traffic reports, we're looking at the
impacted area per the project. In this project, we looked at that segment of road.
And yes, Ron was reporting for what it said in here, and that traffic volumes have
decreased in that segment; however, I did take a step back and look it throughout
the entirety of Alii Drive, and from 2002 to 2014, six different segments of Alii
Drive have each decreased in traffic volumes since 2002.
MS. WILLE: From like E's to D's? Or from what's ?
MR. PACKARD: I'm talking decrease in traffic volume. So the number of
vehicles traveling
MS. WILLE: Okay, so now let me get to where I'm going. I brought this up at
the last meeting. We're working on all of this mass transit, and I see that's one
way that we can try to mitigate other than roads. And I brought up the option of
having a mass transit stop at this development. I'm just saying I would ask, I'm
not—whether it's formal or informalI think that there should be. It is going to
have a substantial impact, and it may not bring it down to the E's or the F's, but
you know, I feel that it is contributing to the problem, and whether it was
contributing something towards mass transit, something towards these roadways
going in. I know that like Palamanui, we're asking for money one way or the
other to help offset.
I would like to at least see, you know, that—and I think one of the things where
there's an emphasis—three out of the however many members really said just
deny it. I'm not in favor of denying the application, but I think I would have liked
to, almost where we're not doing it, if there wasn't time issues, I would send it
back and say let's look at what itif we're not going to say no, what other
additional mitigation. So I'm, you know, one of my things, I'm not going to hard
on it, but I would like to see some provision for mass transit that takes a little cut
off area, with a bus station, bus stop, and in that way contribute towards limiting,
you know, cutting back, mitigating the traffic.
So if you or Mr. Carr want to make any statement you can, but that's sort of my
pitch. I'd like to see some more contribution towards how to we mitigate it going
forward. Which I think would be an asset for your development as well.
MR. PACKARD: The Kona Community Development Plan actually addresses
the routes, the bus routes through the area, and it provides where the bus routes
will be, where the stops will be, and it actually provides where you have bike
routes and pedestrian routes, so this plays into that in that it's following those
requirements that were in that plan.
MS. WILLE: And how does that play into thisI mean they're doing it based on
current knowledge. I don't know where these people would go to catch the—you
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Hawaii County Council-47 August 3, 2016
know, the more you have it convenient, the more people use it. So where, if you
don't mind telling me, is the bus stop? Where is there a bus stop? And maybe
what I should just say is that making it available. Let the traffic people look at it,
and you know, I just think it's good—it should be a win-win situation. If you
said, "Margaret, it's right around the block, it's right around the corner." You
know, and it's right there versus at least making space available for people if
you're going to have this number of houses. I don't know, Mr. Carr, would you
like to just say something?
(Note: At this time, Stanford Carr of Stanford Carr Development,
applicant for Alii Palms, came forward to address the members of the
Council.)
MR. CARR: Council Woman Wille, we would support and encourage a bus stop,
working with the County. We are providing through the length of our property
along Alii Drive, a 10-foot wide widening improvement through the entire
frontage, Alii Drive frontage. We're also a big supporter—we're actually
O`ahu's first transit-oriented development that we have under construction right
now, and worked real hard to actually redesign the transit station so that it's
integrated within our project. So we have not only home ownership, but rental
housing as well as neighborhood retail.
MS. WILLE: Let me just take one last minute. I appreciate that. How long is the
expanse of your property that it runs along? What is the length? Approximate.
MR. CARR: Quite a few hundred feet.
MS. WILLE: Okay anyway, you know, I think it would be great if you were to be
able to say that if it is appropriate for a bus stop there, that you would be able to
fit one in on that length of
MR. CARR: Definitely. Like you mentioned, we agree, it's an asset.
MS. WILLE: Okay, thank you.
MR. CARR: Thank you.
CHR KANUHA: Thank you, Ms. Wille. Mr. Chung.
MR. CHUNG: Thank you, Mr. Chairman. I wasn't going to really say anything,
because I think we had enough discussion last time we talked about this. But you
know, Ms. Wille brought up an interesting point, and I thought it was discussed at
our last meeting, too, when Mr. Carr, you know, he couldn't really give any
commitments, but he said he definitely would look into it because it's something
that might enhance that area. I just wanted to bring up, you know, I don't know if
it was I was listening to this Mayoral forum on the radio, or it's one that I took my
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Hawaii County Council-47 August 3, 2016
daughter for the League of Women Voters. But, and I said it before, but I heard it
again. Former Mayor Kim singled out Mr. Carr for being almost like a poster boy
for responsible development. You know, guys who follow through and actually
put in more than is asked of them. I don't know exactly what he was talking
about, but I guess it was something that Mr. Carr had donated to the County on a
particular development. I think it might have been a housing project or
something. And it's not necessary for him to answer, but you know, I just wanted
to say that on behalf of this developer. Because even a former Mayor, of all
people Harry Kim now, singling out a developer as being somebody who's going
to do a good and responsible job. And I just wanted to make that point.
So why don't you guys just go and discuss it with Mr. Carr and see what he can
do, and I think that's how it should be done. Thank you.
CHR KANUHA: Thank you, Mr. Chung. Ms. David.
MS. DAVID: Yes, thank you, Chair. I just have one question and I think maybe
it'll be the engineer. I'm looking at the map and I see the parcel. Now what kind
of turn in and turn out improvements are going to be along Alii Drive to address
the traffic situation, or the questions regarding traffic? Do you have a left turn
pocket, or ?
MR. PACKARD: Sure. Mike Packard, Traffic Engineer, SSFM. There are no
requirements. It does not meet any warrants that would necessitate putting in a
left or right turn pocket in. If I may, I understand and I truly appreciate
everyone's intent to make these more complete streets to accommodate all types
of modal traffic. However, I think there might be a little bit of give and take here,
and you can't do everything for everyone.
When we widen roads, we actually encourage more traffic. It's called induced
traffic. So when we put roads out there when the volumes don't exist, you're
actually encouraging people to drive along their distances to develop further out.
To drive as opposed to walls or bike. So putting in roads when they're not
warranted, even though there may be a perception of high volume, the facts and
the data show not data that I took, data that the State for FHWA (Federal
Highways Administration) took volumes are going down.
So the reality is that these roads are fine. They have the capacity to handle it.
When you put in left turn lanes, it's like pulling people out of the way so that cars
don't delay. Well delay is one word, but there's another word for delay and it's
called slowing cars down. When you have these unimpeded areas where you go
for blocks, half a mile to a mile without a stop sign, you often see speeding within
there. That's why Ron Thiel put in the stop signs throughout, to make sure Alii
Drive didn't become a throughway.
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Hawaii County Council-47 August 3, 2016
Left turn congestion can be a good thing. So trying to get the developer to do that
is not always in the best interest of the community.
MS. DAVID: Thank you for explaining that, because just looking at this and
listening to the people that have testified, had you not explained that, I wouldn't
have seen the logic in an entry in and out of this subdivision. So thank you very
much for that. Alright, that's all I have. Mahalo.
CHR KANUHA: Mr. Onishi.
MR. ONISHL Thank you, Mr. Chair. I just had a comment where, you know, to
me Ms. Wille should be talking to Ms. Eoff about this bus, about the services,
right? Because to me, it would be Ms. Eoff, your concern about your district, and
with this development.
CHR KANUHA: It's my district.
MR. ONISHL Oh, I'm sorry. Well, maybe you should be talking to Mr. Kanuha
about it. Because you know, if Mr. Kanuha is okay with the bussing, and like he
just mentioned, there's a bus stop around the corner. So there is, you know, a
shelter for them, but then maybe working with Mr. Kanuha or Mr. Kanuha
working with the developer in increasing something else, I can see that. But just
wanted to make that comment. Because I didn't hear anything from you or from
Ms. Eoff.
CHR KANUHA: Thank you, Mr. Onishi. Council Members, any discussion
more before I say something? Okay. Just briefly, you know, we have been
talking about this for a pretty good amount of time during Committee and Council
meetings. And you know, you did hear the concerns from the community and
voiced through our Council. You know, there is going to be impacts towards the
traffic of course. But you know, I did see a lot of the facts. The fact speaks for
itself that the traffic is going down. There were measures put in place years ago
to make sure that's a fact. Alii Drive isn't supposed to be a highway. You know,
people go there to visit families and to get onto the highway for the mauka-makai
connectors, which is why I have been emphasizing these mauka-makai
connectors. You know, the Alii Parkway isI'm never going to give up on that,
because I really do think that's such an integral part of where we get from South
Kona to North Kona and through these subdivisions into town or out of town. So
that's going to be extremely critical, not only now but in the future. So I hope we
don't ever give up on that possibility.
And we have been working with everybody on these complete streets type of
situation. We want people to live in town. We want people to walls to town. We
want people to bike to town. And working with Public Works on getting a lot of
these bike lanes on Alii Drive and to make sure that parking isn't taking away
from those experiences of these transit areas, is what we've been working on the
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Hawaii County Council-47 August 3, 2016
last I don't know how many years. But especially now when we have been
dealing a lot with these complete streets type of thing. So I'm, you know, like I
said, again the facts are the facts. There is less traffic on Alii Drive, and it
speaks—you know, these facts speak volumes for what we're dealing with now
and how we deal with these developments.
That's not taking away from this is a big concern for us, as you have heard from
all of us. So I'm in favor of granting this time extension. We're not rezoning
anything. The Planning Department did put conditions up on this time extension
to meet with what's happening now. But we do need to take a greater look at
Alii Drive and the developments coming forward, because it is a real big concern
for not only us, but this does impact districts. District-wide, several districts.
So I really appreciate it. Ms. Wille brought up the mass transit. That's extremely
important, especially in town. We do have a lot of retirees that would love to get
from place to place. They don't have cars so the mass transit is really, really
important. We have been working with Tiffany on several places where it would
be better enhanced for those bus things. So these are all kind of in the works at
the moment. It does take a lot of time and a lot of effort from all the different
departments to make sure we're all on the same page.
But I appreciate all the comments from every Council Member that had concerns
about this. But I think I'm okay. This is my district. I've lived there my entire
life, right down the street. My family has been there forever, on Alii Drive. So
if anybody understands the impacts on this stretch of road and in this area. But I
feel good about approving this time extension here. So I want to thank you guys
for coming. And saying that, I'd like to take the vote. All in favor of approving
this motion say "aye."
Vote on Bill 216: The motion to pass Bill 216 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ragan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha–9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Thank you, Council Members. Okay
Mr. Clerk, I think I said we would go to Resolution 565.
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Hawaii County Council-47 August 3, 2016
Res. 565-16: ESTABLISHES A HAWAII ISLAND PACKAGING SUSTAINABILITY
INITIATIVE(HIPSI) STAKEHOLDERS TASK FORCE
Task Force to include Federal, State, and County agencies and representatives of
the private sector who shall meet to seek legislative actions that will: (1) require
retailer and producer take-back of non-recyclable, non-reusable, and non-
compostable products and packaging; and (2)prevent the production of packaging
waste and promote the use of packaging products that can be reused, recycled, and
recovered.
Reference: Comm. 944
Intr. by: Mr. Paleka
Waived: EMC
Point of Order: MS. WILLE: Can I have a point of order?
CHR KANUHA: Before I ask for the motion?
MS. WILLE: Yes, before you ask for the motion.
CHR KANUHA: Sure.
MS. WILLE: In terms of this coming on to this agenda and being waived on to
this agenda as opposed toI know, you've lectured me numerous times when
some things should be at Committee where it's substantive and not be moved
forward. What is the justification for skipping the Committee level?
CHR KANUHA: So that was your point of order,just how usually a Council
Member asks for it to be waived and they go through a few of the—Mr. Onishi I
think was the Chair of the Committee, and I think it was asked by the introducer.
I don't know
MS. WILLE: Yeah, I was really referring to you, because you're the one that's
brought it up. You know, you're the one that waives, the Chair.
CHR KANUHA: The Committee Chair waives and then I have to approve the
waiver.
MS. WILLE: And then you approved it, and what was your basis for approving
this, as the Chair?
CHR KANUHA: Well, I think it was an importantI mean it's a resolution,
first of all, and I thought—Mr. Paleka asked it to be waived through Committee,
and he felt it was important to
MS. WILLE: It's urgent? This is something that couldn't go through our normal
processes and wasn't appropriate?
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Hawaii County Council-47 August 3, 2016
CHR KANUHA: This is part of our normal processes. We do this all the time.
MS. WILLE: Where there's—it's usually there's a statement of there's some
urgency of why it would come forward.
CHR KANUHA: It went through the process. There wasn't any backhand deals
about what happened. It went through the process and now it's on as Council. So
that's it. Mr. Paleka can explain when it's his turn about this bill and why it's
there. But that's the process it went through and that's it.
MS. WILLE: And you approved it as something urgent.
CHR KANUHA: I approved it after the Committee Chair approved it.
MS. WILLE: Okay, and then maybe I should ask Mr. Paleka in terms of
CHR KANUHA: No.
MS. WILLE: Okay. I think that it was inappropriate.
CHR KANUHA: Thank you. Mr. Paleka, may I have a motion to approve?
Motion to Approve: Mr. Paleka moved to adopt Res. 565-16. Seconded by
Mr. Onishi.
CHR KANUHA: Mr. Paleka, you have the floor.
MR. PALEKA: Thank you very much, Mr. Chair. This resolution was brought
forward to try and be in line with our Integrated Resources and Solid Waste
Management Plan. The timeliness of this is because we don't know what the
future may hold for us, so I wanted to at least get this task force up, going, and see
what could come of it.
Now the basic reason for having this stakeholder's task force is because I wanted
to bring the different perspectives together in one table. I thought it was the best
approach in letting different sides of an issue that not only covers polystyrene, but
about packaging and reuse and recycling for our Solid Waste Management Plan.
I can appreciate the skepticism, but I'm one that never gives up. And I spoke to
some of the stakeholders and I was so happy that they agreed to participate, and
that's the main thing, that they come to the table, listen to each other, hear—and I
believe that interaction itself is more than helpful in trying to resolve our issues
with Solid Waste Management. You know, we've watched as other nations and
America, we can be proud of some of our advances, especially our County. When
I looked at the—when I read through the plan, we've made a lot of advancement
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Hawaii County Council-47 August 3, 2016
in terms of our zero waste goal. But this is just one part of it. It's within the plan.
It's something that we're supposed to do. In fact, we're supposed to update the
plan every five years.
So you know, this is just hopeful. And I believe since we have a lot of good
people on the task force, I'm really optimistic in getting this thing brought
forward. I do have some of the participants here, so I would kind of want to bring
them up too, and see where they see this going. Because I kind of want to have a
scope of what direction this should go, and it's in line with what's in our plan, but
I'm always open to perspectives from our stakeholders, because this is not a
dictatorship and I think it's always good to listen to all sides of an issue.
I do want to thank all the stakeholders that I see a few of them here today. So I
really do want to give them a chance to chime in and see what their views are. I
know they have some skepticism too, and that's normal. But really, I want this to
be beneficial to our County, and hopefully we can follow some of the models, and
really, it's outlined in our plan, our Solid Waste Management Plan, the direction
we should go.
So I do want to propose and amendment if possible, with a communication that
was included. So at this time, I move that the Resolution 565 be amended with
Communication Number 944.1. Thank you.
Motion to Amend: Mr. Paleka moved to amend Res. 565-16 with the contents
of Comm. 944.1. Seconded by Mr. Onishi.
CHR KANUHA: Mr. Paleka.
MR. PALEKA: Okay. I hope all of the stakeholders had a chance to review this.
This might go a little long, so—and that's why I'm so glad that you put this
forward a little bit earlier, because I know these participants have jobs that they're
supposed to be at, and I appreciate them being here. But I hope we all got a
chance to read the amendments and also Megan in Kona. You got a chance to
read the amendment? Okay. So I'll leave it at that, and hope for your support,
and look forward to the discussion. And please bring up the participants. Thank
you.
CHR KANUHA: Okay, on the amendment. I know, Ms. Wille, you had your
light on first on the original, but did you want to talk on the amendment? I can
come back to you.
MS. WILLE: You can come back to me.
CHR KANUHA: Mr. Eagan, are you going to speak on the amendment?
MR. ILAGAN: No, I'll speak on the original.
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Hawaii County Council-47 August 3, 2016
CHR KANUHA: Okay, Council Members, on the amendment. Mr. Onishi.
MR. ONISHL Question to Mr. Paleka.
CHR KANUHA: Go right ahead.
MR. ONISHL Okay, so the people, I guess, that you're asking to be on the task
force, like you added on the Hawaii Food Industry Association, the Hawaii
Restaurant Association, sales rep. for Hawaii Paper Products. So all these
people, you got to talk to them and they're willing to be on this task force?
MR. PALEKA: To date, I believe so. Unless they walls out on me right now.
Let's hope they don't.
MR. ONISHL You know why, because well, what would have been great would
be to see the people here. The like, people from Hawaii Paper Products. Is
someone here from there?
MR. PALEKA: Yes. I believe I do have.
MR. ONISHL No, is someone here?
MR. PALEKA: Oh, no.
MR. ONISHL Yeah, so that's what I'm saying. It would be nice—like the
Hawaii Food Industry Association does? Oh, you're right there, okay. And then,
the Hawaii Restaurant Association?
MR. PALEKA: Hawaii Restaurant, I don't believe we have.
MR. ONISHL What about like the DBEDT (State Department of Business,
Economic Development and Tourism)-Business Development Support Division?
MR. PALEKA: I just have their confirmation that they are going to participate.
MR. ONISHL Okay, because that's a lot of people. To have their meetings to get
everybody together is going to be a task right there.
MR. PALEKA: We're going to use technology.
MR. ONISHL Well, no. Then that's good, but you know, sometimes how it is,
like because you've got so many people involved. Okay. Well good. The main
thing, everybody on this list is okay and they're willing to participate. I'll support
your amendment.
MR. PALEKA: Thank you.
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Hawaii County Council-47 August 3, 2016
CHR KANUHA: Ms. Poindexter.
MS. POINDEXTER: I would have loved to see on the amendment if—Council
Member Wille was taking lead on this effort. I would hope that our Council Chair
wouldn't mind stepping down because I believe that this is brought forward by
Council Member Paleka so he should definitely be on that task force, but I would
hope that our Council Chair would step down and allow Council Member Wille to
be listed on this task force.
So I will support it if we do put Council Member Wille on it. I don't think I'll
support it otherwise just because of that. Thank you.
CHR KANUHA: Ready? Ms. Wille.
MS. WILLE: Yeah, this is on the amendment. So I'm just going to speak on that.
I think if we do this amendment, then this is a substantial amendment, and it
should be deferred to the next meeting. One of the things that's in the amendment
is adding more people basically on the industry side and not if you recall, or the
testimony time that I recall, we had 49 members of the public and businesses
speak in favor of Bill 140, one opposed. So where we're—let me just say an
overall with respect to the amendment of the bill, I see it as an effort to sort of
hijack the Styrofoam issue and be controlled by those who opposed persons
who opposed Bill 140 and that Styrofoam effort, to address that problem.
I think just who's on the committee, I was going to hold that for really the main
number. But I do think that it would be appropriate to defer this, where we're
adding—you know, we're sort of reading through this sort of that industry effort.
Adding more people there—would want to give further consideration to who was
on the committee and who was not. So I urge you know, I think it's great to
have conversation and the input, but I think that especially where this is being
waived on to Council, should not be also being waived that we waive the rule of if
there's a substantial change that it be deferred to the next meeting.
So I'm just trying to contain my points to issues on the amendment itself.
CHR KANUHA: Thank you, Ms. Wille. Mr. Eagan.
MR. ILAGAN: Thank you, Mr. Chairman. I was going to speak on the bill, but
there were matters discussed on the amendment on changes. I want to just speak
on behalf of the existing Council Members that's going to be on this task force,
because I believe that when you look at balance, we have one Council Member,
which is Council Member Paleka, who voted in favor of the bill and against the
bill. And I believe he is the only one who voted in favor and opposed. The other
Council Members have either voted against it fully or supported it fully. Council
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Hawaii County Council-47 August 3, 2016
Member Paleka is on the east side, and Council Member Kanuha is on the west
side, and Council Member Kanuha is the only one who really, I feel in listening to
the discussion, is the most balanced and has been looking at it from both sides.
If you put Council Member Wille in there, that's a person who voted fully in
support of a legislation, and to balance that out, you need to put somebody who
went the other side,just to have that balance. Also, I believe that you need to find
a Council Member who really can bring people together. I've seen Council
Member Paleka do that. These are a lot of entities, agencies, individuals;
however, if this is a job that he wants to take on and tackle, I commend him for
doing that.
It's very important that we get as much information as we can when we make
decisions, and I can't believe that this is not something that, "Let's just get it
started, have them report." We're not making any decisions. This is a report of
their findings. So I just want to support the existing Council Members. I feel
there is balance in these two Council Members. If these Council Members were
to change, I believe we need to change not just one Council Member, but two.
And keep in mind that the reason why this is a task force is because it's only
limited to two Council Members. You can't have any more Council Members in
this task force. If you have any more, it would be an ad hoc, which this is not. So
we can't add in more Council Members. We can take away Council Members.
So there could be one individual leading this, but I think it would be very lonely
for that Council Member.
So I want to encourage the support ofI honestly believe it's balanced. You
have one Council Member who voted yes and no, and you have another Council
Member who also didn't vote yes or no, but voted one side then was not here and
also looked at it with—if you look back on the discussions, he definitely took a
step back and looked at both sides. So I just wanted to voice that out, and I hope
that you can support this amendment. Thank you.
CHR KANUHA: Mr. Chung, then I'll go back to Ms. Wille.
MR. CHUNG: Thank you, Mr. Chairman. You know, first I wanted to address
that initial issue brought up by Ms. Wille. You know, I fully support the
decisions of both the Committee Chair and you, Mr. Chairman, in waiving this
up, and bypassing the Environmental Management Committee, and I'll tell you
why. Given the timeframe that we have to work with, there is actually a need to
get this thing moving. But more importantly, this is not legislation. This has to
do with the operations of the Council. This is establishing a task force of the
Council. That doesn't need to go to the Environmental Management Committee,
it's our business. So, I just wanted to make that comment.
But now at the same time, I'm thinking we don't have enough time. August,
we'll probably form this thing in September, October, November—no more
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Hawaii County Council-47 August 3, 2016
enough time. I would say just postpone this until the next Council. That's my
thought anyway. I mean, I'd like to support it. I'm not a real big fan of task
forces, because you have basically two Council people working and getting all the
information, then they've got to come backI mean look what happened with the
ag tax task force. That's a little bit more daunting. This is a little bit more limited
in scope, I can see that. But I'd support it, but right now I don't think we have
enough time, quite frankly. That's my thoughts. Thank you.
CHR KANUHA: Thank you, Mr. Chung. Ms. Wille.
MS. WILLE: Yeah, I was trying on the amendment just to limit myself where the
differences were, but you know, clearly I disagree with Mr. Eagan in terms of
membership. Both regardless of how Mr. Paleka ended up voting at an earlier
vote, his final vote was the critical one that defeated the legislation, and at both
meetings he voiced opposition. And Mr. Kanuha also voted, I think it was
kanalua-no. That was his—so that was a negative vote, and he did voice his
concerns.
At the same time, I just want to say, sharing I have the same—and I'm taking a
little latitude because the others did just in terms of what this is. It's a task force.
We set up a task force, we're going to have to go through this whole Sunshine
thing like we did with the real property tax deal when Lincoln came in. We have
to have all this agendized, meetings and minutes, we have to have people there. I
also feel, you know, whether it's us and the Environmental Management
Commission. Now if you say technically we're now taking a position that this is
a resolution setting something—it's not a bill, but if you look at the scope and sort
of the responsibilities of the commission, it's not just, you know,
recommending—comments and recommendations on legislation, it's also to give
the commission—so provide its comments to the Council. And this is on matters
that affect Solid Waste and Waste Management. I mean if I was on that
commission, and here we are setting up another committee outside of the Council
when they now are—their scope. The terms of the members, "The Environmental
Management shall advise the department shall advise the department on solid
waste and wastewater programs," et cetera. Litter control, all of this.
So I think that we also are circumventing—and here we have a citizen board, you
know, that's already right there with representatives, and we should not be doing
that. So just one, I think that if we were to do this as, you know, an ad hoc—as a
task force, you can only do two people, and I would be very opposed to it being
two that had voted, their final votes that they did vote were both negative votes.
Regardless of this east-west, I thought we'd gotten past that stuff Second, in
terms of the roles, shouldn't we beI would go to the Environmental
Management Commission and start working on this, and they're supposed to be
involved in this type of thing.
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Hawaii County Council-47 August 3, 2016
I think again, I just see this as a way to hijack the whole Styrofoam issue. Vote
against what would be the most critical—and maybe you two have had an
epiphany. Maybe suddenly all of that discussion, you came around. And I
applaud that, you know. I wish I had all that trust,but I would like to see—you
know, I'm up for discussion. I think that's great. Basically, I see this, you know,
what do we do for containers, all of these people? But I think again, it's going to
be who selects the people. Who are we making, and then we're coming in and
this is the recommendation, and then we're going to fight about it some more.
So I think if you do have something to bring forward, I suggest talking to the
Environmental Management Commission first and I think that not doing this as a
rush job where you've got, you know, whatever; 15 people are supposed to meet
every three weeks. It's very hard to get—when we had five people, to get people
to come all meet. Then it's going to be at considerable expense to the County,
because everything that's subject—if it's the Sunshine Law, it's going to be a
whole costly endeavor. So anyway. I object to how this is being done and what
is really going on here.
CHR KANUHA: Ms. Poindexter.
MS. POINDEXTER: Yeah, in regards to the overall thought of the task force,
which I think is a great idea that Council Member had to bring a lot of people to
the table. That I have to definitely give him credit for, because we need to start
coming to the table. Regardless of how this vote turns out today, which I am
notI'm leaning towards not supporting this. I really feel that Council Member
Paleka still can take this upon his shoulders and work with the Department of
Health, where he already has the Deputy Director for Environmental Health
Administration on his side and on here committing to this, that they can still call
people to the round table and start discussing things.
Like how Mayor Billy Kenoi has a round table when we had the meth, that ice
initiative with the problem with substance abuse. We brought people to the table,
and he did it informally, and all the agencies. And I feel that Council Member
Paleka has that capability of bringing people together. So regardless, with no
disrespect to Council Member Paleka, that I will not be supporting this at this
moment. I am supporting his efforts that he continue to work with the
Department of Health to do his round tables, because it is a very, very important
issue. Thank you.
CHR KANUHA: Ms. David.
MS. DAVID: Mahalo, Chair. I'm not going to repeat everything that Council
Member Aaron Chung has said, and Ms. Poindexter, because I tend to agree. I
support the idea of task force, because I believe that's a very important tool that
we have as a body and in finding solutions to situations that we cannot make
informed decisions here as a complete body, where we need to reach out further
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Hawaii County Council-47 August 3, 2016
than ourselves. I cannotI really believe that a balanced task force would have
to include the proponent of the initial Bill 140, which is Margaret Wille. To have
her excluded from a task force to me—and I'm not sure what the thought process
was on selecting—but for me, I would have at least included Margaret in the
discussion, because it would have given a balanced approach.
Testifiers also suggested that we have more than the business industry on this task
force, and I think that makes sense. So with respect to the amendment, I would
support not proceeding at this time, because I really believe what Mr. Chung said,
given the process this will entail and the number of people and organizations
involved, the task force is going to be rushing an issue that should take a lot of
thoughtful discussions.
So my position would be that we do not have time to adequately discuss this
meaningfully, this important issue; and number two is that I would ask my
colleague, Mr. Paleka, consider if after the—you know, consider having, if he
wants to move forward on this, consider having Ms. Wille serve on this task
force. But I would support a postponement at this time. Thank you.
CHR KANUHA: Mr. Onishi.
MR. ONISHL Thank you, Mr. Chair. My first comment is going to be about
Ms. Wille mentioned, the testimony that we had received during that Bill 140.
She mentioned, I think, numbers. But she also forgot that we did get a lot of
emails or letters from the food industry. Right, the restaurants and the mom and
pops. And Mr. Chung read off all those names that were located in Hilo. So there
wasn't like one high volume of support and a low volume of not supporting.
Okay, so I just wanted to make that clear for the public.
I think we're losing focus on what is this task force for. Basically, this task force
is just to get information. Now any member on this Council can create their own
task force. We're lucky that Mr. Paleka right now is deciding to do one.
Ms. Wille could do one, any of you guys could do one in any subject that comes
to the Council or that came to the Council or is going to be coming to the Council.
Yes, you have to go by the Sunshine Law, right? You need to have an agenda.
Now, I don't know if Mr. Paleka had already contacted a department, like maybe
Environmental Management, and they're going to be the coordinators, like they're
going to be the ones taking the minutes and so forth. So can I ask him that
question?
CHR KANUHA: Sure.
MR. ONISHL Mr. Paleka, have you contacted a department that's going to be
taking the lead in doing that part of getting the agenda ready, posting it, getting
someone there to run the minutes?
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Hawaii County Council-47 August 3, 2016
MR. PALEKA: I don't believe that we made any department responsible for that,
but if they're willing to take up that
MR. ONISHL No, no. Excuse me. When you do a task force
MR. PALEKA: I understand, Mr. Onishi.
MR. ONISHL Yeah, so timewise now, we're looking at
MR. PALEKA: We would take that on, of course.
MR. ONISHL Well see
MR. PALEKA: No problem.
MR. ONISHL See, when we did the—like Ms. Wille mentioned about the
property tax, we had the Finance Department working with us, and that's how we
created the task force.
MR. PALEKA: I would be open to that recommendation, but I'm not going to
force or assume that a department would take that on.
MR. ONISHL Okay well, then you know, timewise because to me
MR. PALEKA: Have you seen me work before, man, and do one project? I get it
done.
MR. ONISHL No, I understand that. But the problem is to me—and I wanted to
tell Council Members, this is not for us for this term. Basically, this report is
going to be for the next Council Members coming in. So at least if we have some
idea, or the new members coming in have an idea, and they can read what this
task force had come up with, then at least they have a little bit more knowledge,
more being educated, right, on this whole thing.
But like I said, I don't know if you're going to have enough time to do it.
Because we met at least once a month, right, and it took us almost a year. About
a year of doing all this because there were so many different categories that we
had to go through. So timewise, it's going to be a challenge. Okay, I'm finished.
You can talk later. But I just wanted to mention that, and I'll yield. Thank you,
Mr. Chair.
CHR KANUHA: Thank you, Mr. Onishi. Mr. Eagan, you were next, and then
Mr. Paleka.
MR. ILAGAN: Thank you, Mr. Chairman. It definitelyI find it veryI guess I
can't find the right words for it. But first I just want to state that this task force
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Hawaii County Council-47 August 3, 2016
composed of Council Chair Kanuha; Council Member Paleka; Corporation
Counsel Molly Stebbins; Environmental Management Director Bobby Jean
Leithead Todd; Department of Research and Development (R&D) Director John
De Fries; representative from Hawaii State Department of Health; Department of
Labor and Industrial Relations; Department of Business, Economic Development,
and Tourism; Hawaii Wildlife Fund; Surfrider Foundation
—
I can keep on going, but I just want to voice out that the reason why I have read
those members is because Council Member Paleka can meet with them informally
or formally. Whatever way he does it, he's gathering facts from different
organizations and compiling this data. The hardest part of even having a task
force is compiling all the different perspectives from different points of views,
and putting it into one final report. Now, is time against him? Yes, time is
against him. He understands that. He understands the challenges. We as Council
Members have different challenges in our community. We don't just say, oh,
that's a challenge we can't do it because time is against us. We go forward.
What's the worst thing that can come out of this task force? That they failed to
come with a report? So you want to not encourage fact finding? That, to me, is
time as the reason of why we shouldn't encourage our fellow Council Member
who's willing to invest the time, and if now all of these agencies come, he's going
to put down the report. And when it comes to Sunshine, most of those Sunshine
Laws for minutes, agendas, those are just proper etiquette for having a meeting.
It's great to have an agenda to know what we're going to be discussing. It's great
to have minutes. It's great to understand that a meeting is going to be properly
run.
Everybody here knows that we are open to more information. That's what
Council Member Paleka is doing by introducing this task force. I just want to
encourage my fellow Council Members to support him on this. Let him try. Let
him take action. Because we can talk all we like right now, but somebody is
actually willing to do the action. He's actually willing to do the walls and create
this task force, and get it done with the timeframe that he has. But here we are
talking about how we can't do it. The last thing I would like to have is
representatives of any areas be discouraging possible fact finding and getting
information to the decision makers that would be making these decisions. We
need to do the right thing and support this task force, get information out there,
get it to us, get it to the public. Thank you.
CHR KANUHA: Mr. Paleka.
MR. PALEKA: You know, I've had many people in my lifetime tell me, "You no
can. No way. No can." I love that, because I've proven those all wrong. I'm
going to prove it wrong again. Why? Because it's the people that I asked to be
involved, that came here today. So I would like to bring up John. Please, if you
could?
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Hawaii County Council-47 August 3, 2016
(Note: At this time John Elkjer, owner, Sustainable Island Products, came
forward to address the members of the Council.)
MR. PALEKA: This is John Elkjer of Sustainable Island Products, who I've had
some conversations with about promoting sustainable production of products here
on the island.
MS. WILLE: And just staying on the amendment. I keep withholding comments
I'd make. This is on the amendment.
CHR KANUHA: I've been trying to do that with everybody. Everybody's kind
of been—you know. Mr. Paleka, I know you want to bring up everybody. If you
want to maybe ask you questions pertaining to the amendment and kind of keep it
towards there. I'd really appreciate it and I'm sure everybody else, so we can just
keep the, I guess momentum going. I agree with you, Ms. Wille.
MR. PALEKA: So if you look on page two, and we've had discussions,
Mr. Elkjer and myself, and also Mr. Yamada and Lauren, and Megan who's in
Kona thank you. And I'm glad to see Mr. De Fries, our R&D Director, and also
Bobby Jean who has come forward today.
Okay, if you look on the second page, first Whereas, "this stakeholder task force
shall identify safety performance measures of retailers' and producers' product
packaging; and Whereas, this stakeholder task force shall identify strategies to
increase economic opportunity and business development; and Whereas, this
stakeholder's task force shall identify superior production and labeling methods
and techniques with the goal of reducing depletion of viable resources; and
Whereas, this stakeholder task force shall address concerns and identify solutions
to waste recovery and litter management."
Now, I'm getting all these stakeholders here who have a definite stake in
packaging. Now for some it might be all about Styrofoam. It's not only about
Styrofoam. It's about packaging. If you look in this measure, it talks about
aligning with our zero waste management program, which in Section 3.35 allows
public partnerships with community-based organizations, and establishes an
extended producer responsibility policy similar to that of the Green Dot that I
mentioned. But you know, I want to let participants talk about the amendment
and what you see going into this. John?
CHR KANUHA: Have you had a chance to see the amendment?
MR. ELKJER: Oh yeah. Read it a couple of times.
CHR KANUHA: Just bring it up closer so we can hear you better and just restate
your name for the record.
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Hawaii County Council-47 August 3, 2016
MR. ELKJER: Yes, John Elkjer, Sustainable Island Products, Hilo, Hawaii. I've
read the amendment. We were involved in Bill 140 with testimony there, and
through that process, got to meet many if not all of you. I thank you for looking
at Bill 140.
For whatever reason, we're here today. So we've got an opportunity to do
something, whatever that is, that something. We've got a solid waste initiative
that is—we're behind on as a County and as a State. Quite frankly, I like the
timeframe, because I've been here since 9:00 o'clock this morning, and if you
don't set a timeframe on something, it doesn't seem like anything gets done. I'm
in business for myself, and if it took me that long to make decisions, I'd be out of
business. So that'sI'm for anything that will bring the parties to the table and
have a discussion. It needs to be balanced. I would agree with everyone here, it
needs to be balanced, but there needs to be agreement between all parties in order
for us to move forward. Otherwise, we're just going to keep this is going to go
on, and that's going to get all of us nowhere.
If no one here gets reelected, we'll have another group and we'll go through this
again. But I'm not going to stop trying. So—and Danny and I, we've talked
about this. He said he's not going to stop trying. I commend all of you,
especially Margaret. You started this whole thing with Bill 140. That's—let's
get the politics aside and go on with it.
CHR KANUHA: Mr. Paleka, you still have the floor. On the amendment.
MR. PALEKA: Thank you. You know, I'd like to get Megan.
(Note: At this time, Megan Lamson, Vice President, Hawaii Wildlife
Fund, came forward to address the members of the Council.)
MR. PALEKA: Hi, I know you've been waiting a long time, and I want to give
an opportunity to hear some of your feedback. Did you have a chance to review
the amendment?
MS. LAMSON: You know, I went through it briefly here, this morning. Not as
much as I would have like to, but I do want to say, and just echoing what my
testimony said earlier and a little bit what John and Council Member Paleka sort
of pointed on. You know, bringing people together, I'm all for having everyone
at the table, but it has to be a balanced representation. With all due respect, I
don't think if we only are allowed two Council Members on this platform and
both of whom were naysayers on this bill, you know, it doesn't seem like a
balance. And if you're looking at the list, the amendment seems to, if anything,
add more people who are adamantly against Bill 140, like the Hawaii Food
Industry Association for example.
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Hawaii County Council-47 August 3, 2016
So I do like the timeframe, I like that the task force is scheduled to end on
December 2 so we would be providing, ideally, actionable strategies that we could
then share with the next round of Council Members and hopefully move forward
with more successful initiatives to reduce packaging waste. But I do think, you
know, I hope those two extra members would come from—you know, we're
definitely lacking one from Recycle Hawaii here, and we're definitely lacking
any other Council Woman who voted for this bill. So that would be my two cents
on this. Thank you.
MR. PALEKA: Thank you, Megan. Just for clarification, we're replacing Toby
with the Hawaii Food Industry, because Toby had some concerns regarding just
KTA being represented and thought it would be a better idea to have the
association represent providers and retailers.
MS. LAMSON: Okay.
MR. PALEKA: Director Bobby Jean, if you'd like to chime in, please, on the
amendment.
MS. WILLE: I think we're skirting the way we're handling this amendment step.
CHR KANUHA: Again, if the questions can be pertained to the amendment so
that we can get through this. I think that would be really, really helpful.
(Note: At this time Environmental Management Director Bobby Jean
Leithead Todd came forward to address the members of the Committee.)
MS. LEITHEAD TODD: Bobby Jean Leithead Todd, Director of Environmental
Management. I really don't have anything to add on the amendments. I took a
look at them and they basically are justI didn't see them as substantially
substantive. They're just changing some of the wording around a little bit and
don't have anything to add to them.
CHR KANUHA: Okay.
MR. PALEKA: I'm willing to vote on the amendment. I'll call for the question.
CHR KANUHA: Before I get that second, I'd like to have Ms. Eoff go.
MS. EOFF: Thank you, Mr. Chair. I didn't get to chime in on this amendment,
but I wanted to say that for the most part the amendment is an improvement in
most of the Whereas', but I would agree that in the final—well not the final, but
the Be It Further Resolved where you list the members of the task force, I would
ask youI mean I could make the amendment but I think it would be more
meaningful of you would want to do it, Mr. Paleka but to add Recycle Hawaii
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Hawaii County Council-47 August 3, 2016
and Ms. Wille. And if that means Mr. Kanuha would have to step down, then I
guess we could involve him in this discussion. But to me, that would make this a
good amendment.
CHR KANUHA: Thank you, Ms. Eoff. Ms. Wille.
MS. WILLE: Yeah, and at the appropriate time, I would make that motion. I
just, you know, I think there's going to be, if you have two people as Council
Members that were on one side, the public's not going to trust whatever comes
out of it. I think that I want to also, in responding to Mr. Eagan, I want to be clear
I'm not opposed to a task force. I'm in favor of a fair task force. All of this and
this timeframe,just from our experience on the real property, it can easily goI
see it as you can set it up and it doesn't have to end in December. I mean, you
basically work, and we replaced people, and I would actuallyI mean probably
in terms of adding a couple more public members, if I was on it, you were on it,
it's maybe say that as we did, we each chose someone. Not have it be the two
department heads.
I think that's getting, again, into the bill. But I think that this is worthy of more
discussion. I again would urge that we, especially where there's a substantive
amendmentI didn't even—Recycle Hawaii. You know, I just haven't had time
to even digest the amendment and what it is. So you know, I don't mind voting
favorable or unfavorable for the amendment, I just think we need more
discussion. I want it to be very clear that I am not against having a task force. I
want it to be as fair where I feel the public would trust that. And I feel it's sort of
starting off on the wrong foot where you picked two people that took a negative
position on an issue that you say you're trying to promote.
So I think that one thing that happened,just let me say, in terms of amendments,
you know, the word"liter" is spelled wrong. There are a lot of things in this that
need to be cleaned up. It should also be a provision that if it continues from the
next, you know, to the next session, that you provide it so that we don't have new
legislation. There's a lot of things.
So I want to encourage. I'm overwhelmed with joy that Mr. Paleka has had an
epiphany, you know. And that he's going to be moving forward on this issue, you
know, and not voting against something that I think was even one step forward.
So again, I support it, and I think that getting voices—and in some ways I feel it's
important to have whoever is there on the committee, where it's not something
like we're looking at how many people are this and what the vote is. You know,
when people come forward, it's to have discussion, and bring that discussion
forward, and not say okay, the task force voted three to things. I think I've sort of
learned from our experience how to make things work better. I'll yield, but again,
I'm not going to make anyI just think let's move it forward, but let's move it
forward in a deliberate fashion.
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Hawaii County Council-47 August 3, 2016
CHR KANUHA: Thank you. Mr. Chung.
MS. POINDEXTER: Call for the question motion.
CHR KANUHA: Okay. I think everybody's done. So I think we can vote on it
already. You know, yeah, there are some things to clean up. I think I'll be voting
in favor of this amendment. But furthering we're going to discuss what we're
going to do afterwards. So that's the bigger part. So Mr. Clerk, can we just do a
roll call on the amendment?
Vote on Amendment: The motion to amend Res. 565-16 with the contents of
(Approved) Comm. 944.1 was carried by the following roll call vote:
Ayes: Council Members Chung, David, Eoff,
Ragan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Thank you. Resolution 565 has been amended with
Communication 944.1. Mr. Clerk, do we hold it over, or can we discuss this
now?
MR. HENRICKS: No, this was more than a typographical correction.
CHR KANUHA: So I think because it was a pretty serious amendment, it's
going to have to be held over before we do discussion, if I'm correct.
MR. HENRICKS: That seems reasonable to me.
Holdover for CHR KANUHA: Yeah, and I think it's reasonable to the public as well, that now
Substantive that this has been amended substantially, that we hold it over for more discussion
Amendment: and for more input from the public on what has been amended and what needs to
(Council Rule 24) be looked at. So I think that's the best course, and what we need to do at this
point.
Okay, I don't need a motion for that, Mr. Clerk, right? So we will holdover
Resolution 565, as amended, to the next Council meeting, which is August 17'h.
Council Members, that's okay? Everybody in the public understand what's going
on? Okay, thank you very much, Mr. Paleka and everybody's comments on the
amendment and what we need to do.
Okay, I think let's just go through the agenda if you guys are okay with that.
Mr. Clerk, if we could start at the top.
Page 44
Hawaii County Council-47 August 3, 2016
Return to Order The Chair directed the Council to return to the order of business.
of Business:
Res. 561-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FIRST
ASSEMBLY OF GOD FOR THE CONVOY OF HOPE BIG ISLAND
COMMUNITY EVENT
Transfers $2,000 from the Clerk-Council Services –Contingency Relief account
(Council District 3); and credits to the Parks and Recreation, Administration Other
Current Expenses account.
Reference: Comm. 938
Intr. by: Mr. Onishi
Motion to Approve: Mr. Onishi moved to adopt Res. 561-16. Seconded by
Ms. David.
CHR KANUHA: Mr. Onishi.
MR. ONISHL I just wanted to make a comment on one of the testifier's
mentioned that this money was going to go to this church. The church is just a
nonprofit group that is going to be turning over the money to the Convey of Hope.
This event was held, I think it was like July 10 if I'm not mistaken, and that was
in Hilo. So the funds are going to be used to purchase backpacks and school
supplies for all the participants, for all the children, that came to the event. So
this is something where the event already happened, and they're going to get
reimbursed now. So I'm just asking for your support. Thanks.
CHR KANUHA: Ms. Poindexter.
MS. POINDEXTER: I want to say thank you for doing this, because I was
always led to believe that we couldn't give to a religious entity. Because I've
tried once with the Peace Day Parade. So thank you for bringing this forward,
because we do pass this I'm going to go back to the Hongwanji. I know your
brother is President of Hilo Hongwanji, but I just called our Honoka`a one who
has a 501(c)(3) also, and they do the whole Peace Day event for the entire public.
So the last time, it wasn't during this—during Molly's time, but I did get a letter
from Corp. Counsel which, that's why I couldn't do it. But then I talked with
Molly and sheI think it seems to be okay.
So I want to make sure that I can—can you come forward, because I just want to
make sure that I can do it; that I don't get shut down the next one. So I want to
thank Council Member Onishi for bringing the forward, because my hands felt
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Hawaii County Council-47 August 3, 2016
tied. Even when they came to me, I told them I couldn't give to a religious
organization, which I should have been able to. So can you explain? I had talked
with you earlier today about giving to a religious organization.
(Note: At this time, Corporation Counsel Molly Stebbins came forward to
address the members of the Council.)
MS. STEBBINS: Sure. Good morning, Chair Kanuha, Council Members. Molly
Stebbins, Corporation Counsel. The discussion that we had was basically, is it
permissible to give County funds to a faith-based organization. And the
eligibility criteria for receiving a contingency fund grant is set forth in the Code.
Being a faith-based organization does not automatically make an organization
ineligible. But really, the question is what is the underlying activity that's being
funded, and that needs to serve a public purpose, which would mean it should be
generally open to the wider public, not geared towards any particular segment of
the population. But in the case the activity that Mr. Onishi is funding, it's
something that's of benefit and open to the wider public.
MS. POINDEXTER: Yeah. And thank you for putting that on record. Because
the one that I did for the Peace Day Parade was for the public, and things we're
having for all—the entire island or wherever they came from. It didn't have to be
on-island. So I think maybe this was—well, I'll send you what Corp. Counsel
had sent me before you were in office. But thank you for this, and thank you,
Council Member Onishi, for doing this, because now I can go forward and do it
this year. Thank you.
CHR KANUHA: Ms. Wille.
MS. WILLE: Yeah, I think for me the key words are what Corporation Counsel
Molly Stebbins said, what is the underlying purpose. We're not funding a
religious service or religious event, we're doing something basically for
education. In Ms. Poindexter's case, it's for the Peace Parade. I think that it's
important so the public knows, it doesn't mean okay, that we're here gotten the go
ahead if we want to fund a church service or something like that. We're looking at
the underlying event.
I do want to say this whole school supplies issue is really big. I know I've been
spending most of my—can Mr. Paleka and Ms. Poindexter, it's just hard for me to
concentrate when you're talking right now
MS. POINDEXTER: Yeah, sorry, you've had side conversations too.
CHR KANUHA: Thank you. Thank you, thank you.
MS. WILLE: Yeah, and how we deal with this, where the kids have these long
lists. I mean we've been doing it with the senior clubs in North Kohala and South
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Hawaii County Council-47 August 3, 2016
Kohala. But it's really a major financial deal, and helping to provide kids that
then they go to school the first day and on the form it says make sure you have all
of these supplies on day one. Back when I was in school, if you got a backpack or
something, but it wasn't bringing—you know, you bring your tissue, bring your
paper towel, bring all of these things—and your Crayolas, and it's a really
expensive list. I mean, I was looking for toilet paper. I mean, it just—and what is
happening here—so I know in our district we've been trying to mobilize, but it
justa lot of kids get left out and where are their supplies, and it's something that
I really say, okay, education is a State issue, but it's the kids that then come into
our offices, and what can I do.
So I just encourage, appreciate what you're doing here, and encourage that we do
discuss, figure out, you know, maybe there's some more better way to organize all
of this, because it's really—when nothing happens, the teachers themselves go out
and buy supplies to the best of their abilities. Anyway, thanks a lot.
CHR KANUHA: Mr. Onishi.
MR. ONISHL Thank you, Mr. Chair. I just wanted to add on that, you know, I
wanted to thank Pastor Rene and also Ms. Mauga who were the coordinators and
that came to meet me. So I just, you know, wanted to mention that this was an
island-wide event, and I'm hoping that, you know, the Council for next year will
give some contingency funds for them for the next coming event. Thank you.
CHR KANUHA: Any other discussion? Okay, hearing or seeing none, all in
favor of the motion to approve, say "aye."
Vote on Res. 561-16: The motion to adopt Res. 561-16 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ragan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha–9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Next item.
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Hawaii County Council-47 August 3, 2016
Res. 562-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO PAHOA
SCHOOLS SUPPORT FOUNDATION FOR REIMBURSEMENT OF
EXPENSES RELATED TO THE 2016 PAHOA HIGH SCHOOL PROJECT
GRAD NIGHT
Transfers $2,000 from the Clerk-Council Services —Contingency Relief account
(Council District 5); and credits to the Liquor Control, Public Programs account.
Reference: Comm. 939
Intr. by: Mr. Paleka
Motion to Approve: Mr. Paleka moved to adopt Res. 562-16. Seconded by
Mr. Onishi.
CHR KANUHA: Mr. Paleka.
MR. PALEKA: Yes, I am just asking for your support for this graduation night.
It is a good drug free event for our graduation seniors. So thank you very much.
CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all
in favor of the motion to approve, say "aye."
Vote on Res. 562-16: The motion to adopt Res. 562-16 was carried by the
(Adopted) followed by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ragan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Next item.
Res. 563-16: 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 KEA`AU
COUGARS ATHLETIC BOOSTER CLUB FOR REIMBURSEMENT OF
EXPENSES RELATED TO THE 2016 KEA`AU HIGH SCHOOL PROJECT
GRAD NIGHT
Transfers $2,500 from the Clerk-Council Services —Contingency Relief account
(Council District 5); and credits to the Liquor Control, Public Programs account.
Reference: Comm. 940
Intr. by: Mr. Paleka
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Hawaii County Council-47 August 3, 2016
Motion to Approve: Mr. Paleka moved to adopt Res. 563-16. Seconded by
Mr. Onishi.
CHR KANUHA: Mr. Paleka.
MR. PALEKA: Yes, this is another grad night resolution for our Kea`au High
School. I'm just asking for your support.
CHR KANUHA: Any other discussion? Hearing or seeing none, all in favor of
the motion to approve, say "aye."
Vote on Res. 563-16: The motion to adopt Res. 563-16 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ragan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Next item.
Res. 564-16: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR
AGREEMENT FOR ANTI-VIRUS SOFTWARE
Authorizes the Mayor to enter into a two-year agreement with Threat Track. The
subscription is for 100-249 licenses, which will cover all users at the Office of the
Prosecuting Attorney.
Reference: Comm. 941
Intr. by: Ms. Eoff
Waived: FC
Vote on Res. 564-16: Ms. Eoff moved to adopt Res. 564-16. Seconded by
(Adopted) Mr. Paleka and carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ragan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—9.
Noes: None.
Absent: None.
Excused: None.
Page 49
Hawaii County Council-47 August 3, 2016
Res. 566-16: AUTHORIZES THE EMPLOYMENT OF A PRIVATE ATTORNEY AS PART
OF AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF
HAWAII, THE CITY AND COUNTY OF HONOLULU, THE COUNTY OF
KAUAI, AND THE COUNTY OF MAUI TO REPRESENT THE PUBLIC
EMPLOYER IN COLLECTIVE BARGAINING MATTERS RELATING TO
LITIGATION OF UNION PROPOSALS
Authorizes the retention of special counsel, at a cost not to exceed $25,000, to
represent the County in proceedings before the Labor Relations Board relating to
Bargaining Unit 11 contract negotiations (firefighters).
Note: Requires 2/3 vote of the entire
membership, pursuant to Section 6-5.5,
Hawaii County Charter
and
Res. 567-16: AUTHORIZES THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT WITH THE STATE OF HAWAII, THE CITY AND COUNTY
OF HONOLULU, THE COUNTY OF KAUAI, AND THE COUNTY OF MAUI
FOR COST SHARING IN THE SERVICES OF A PRIVATE ATTORNEY TO
REPRESENT THE PUBLIC EMPLOYER IN MATTERS RELATING TO
LITIGATION OF UNION PROPOSALS
Would allow the County, pursuant to Section 46-7 of the Hawaii Revised
Statutes, to enter into an intergovernmental agreement to share costs and services
for a private attorney in proceedings before the Labor Relations Board relating to
Bargaining Unit 11 contract negotiations (firefighters).
Reference: Comm. 945
Intr. by: Ms. Eoff
Waived: FC
Motion to Approve: Ms. Eoff moved to adopt Res. 566-16. Seconded by
Ms. David
CHR KANUHA: Ms. Eoff
MS. EOFF: No, I think we should ask Ms. Stebbins to come forward.
(Note: At this time, Corporation Counsel Molly Stebbins came forward to
address the members of the Committee.)
MS. STEBBINS: Thank you. Again, Molly Stebbins, Corporation Counsel. The
County of Hawaii, along with the other counties and the State are currently in the
process of negotiating new collective bargaining agreements for those that are to
expire in 2017. As part of the negotiations with the firefighters' union, the
employer group is anticipating certain matters being litigated before the Hawaii
Labor Relations Board. The employer group, which again comprises the various
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Hawaii County Council-47 August 3, 2016
counties and the State, have determined that there's benefit in having unified
representation there. That's really the reason for this request. The various
employers are seeking approval from their legislative bodies to engage the
services of special counsel so that there is one representative before the Hawaii
Labor Relations Board.
That's just one segment of the whole contract negotiation process, but I'm
seeking your approval of our request, and happy to answer any questions you may
have.
MS. EOFF: Thank you, Ms. Stebbins. The only question I would have is there
was a note on your transmittal that we may need an executive session on this. Is
that still necessary or can we go ahead?
MS. STEBBINS: I think it depends on what matters the Council wants to discuss.
It there are—we can have the discussion in open session, but if you had questions
that may pertain to I guess litigation strategy, then we should go into executive
session for that. Or, and I guess as is stated in the resolution, we're seeking
authorization just for up to $25,000.
MS. EOFF: Okay thank you. I'll yield.
Relinquish Chair: At this time, Chair Kanuha relinquished the chair to Vice Chair Poindexter.
ACTING CHR. POINDEXTER: Let the record show that I've assumed the
Chair. Council Chair Dru Kanuha just stepped away for a moment. Council
Member Chung.
MR. CHUNG: So Molly, what? Everybody kicks in $25,000?
MS. STEBBINS: Yes. Actually, the other counties are contemplating using
special counsel for the entire proceeding. You know, anticipating that this
contract negotiation process is going to go to interest arbitration. They're actually
looking to retain special counsel for representation there. Our county at this
point, our office would be handling the interest arbitration portion. So we're just
seeking approval for $25,000 for specific proceedings that might be litigated at
the labor relations board. But I believe the other counties are actually looking
expending more money for broader services of special counsel.
MR. CHUNG: Okay, so they're going to do their own thing, you guys are going
to represent us at one proceeding, but then we go together with them on another
proceeding, labor relations board?
MS. STEBBINS: The other counties are sort of doing their own thing. Well
actually, this is sort of all in flux, so I'm not sure what has been decided, but the
other counties were looking at having special counsel, and the County of Hawaii
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Hawaii County Council-47 August 3, 2016
was asked about this as well, having special counsel represent the employer group
as a whole at interest arbitration. We felt that our office could handle that;
however, the employer group felt that there are benefits specifically for matters
before the Labor Relations Board.
MR. CHUNG: So we're not too sure right now then? It's in the event that we do
decide to go.
MS. STEBBINS: Yes.
MR. CHUNG: And who's going to be selecting the special counsel? It's a
collective decision or is someone going to drive it, do you think?
MS. STEBBINS: Yeah, that's been delegated to Maui County, who would do the
procurement and selection process.
MR. CHUNG: Okay. This is only going to be in the event we do litigate, right?
MS. STEBBINS: In the event certain matters are litigated before the Labor
Relations Board. That's the extent of our request today.
MR. CHUNG: Okay, and at the same time, you guys still have the option of
opting out and representing us separately from their
MS. STEBBINS: And we willright, well this just authorizes the potential
expenditure of up to $25,000. At this point we are, because this contract
negotiation process, it does look like it will go all the way to interest arbitration,
and it's our intent for our office to represent the County in those proceedings.
MR. CHUNG: Alright. Okay, thank you.
Relinquish Chair: At this time, Acting Chair Poindexter relinquished the chair to Chair Kanuha.
CHR KANUHA: Mr. Paleka.
MR. PALEKA: Good afternoon.
MS. STEBBINS: Good afternoon.
MR. PALEKA: Molly, who's representing the bargaining unit for FFA (Hawai`i
Fire Fighters Association)?
MS. STEBBINS: Who is the attorney for HFFA? You know, I'm not sure.
Yeah, it's primarily, at this point, it's really been the employer group and the
attorneys haven't been so involved.
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Hawaii County Council-47 August 3, 2016
MR. PALEKA: So we don't know who the chump is.
MS. STEBBINS: I've heard maybe Herb Takahashi.
MR. PALEKA: But I never like—settle. Shucks. Thanks for that, Molly. That's
a difficult one. Plus, we have—who sits on the board now? Nominations for I
think, Danny, and—well anyway, doesn't look good, gang. I wish you guys well.
I know it's going to be a tough one if we're facing Herb, so shucks.
Okay, I cannot get into the issue here about what's the hold up for the bargain.
Because this is interest arbitration, right? I mean,just fine points of the contract.
MS. STEBBINS: There's been various proposals submitted by both sides. The
parties engaged in negotiations, an impasse was declared, the parties went to
mediation, that was unsuccessful, and now the next step is, now we're on track to
proceed to interest arbitration. But there are matters where the issue is whether or
not they are in fact negotiable. That may be what's presented to the Labor
Relations Board.
MR. PALEKA: Okay, so we're going to try to push employers' rights. Okay,
we've got a right to manage, Section 9. Okay, too bad it wasn't an arbitrator, but
this is in front of the Labor Relations Board. You know what, I'll yield for now.
CHR KANUHA: Ms. Wille.
MS. WILLE: Yeah, there's two items here, 566 and 567. 566 focuses on that our
Corporation Counsel basically doesn't have the resources to handle these matters,
litigation of the union proposals. I know we had discussion way back when we
got that we're doing special counsel for workers comp issues generally, and I
thought there was some discussion that we—and I'm just asking question specific
to 566 to better understand it—that we were going to be looking at retaining more
counsel that would be able torather than using outside counsel. Has anything
did anything for that?
MS. STEBBINS: When you said that we were going to be looking at retaining
more counsel, you were talking about our office hiring? Yeah, we're actually
actively recruiting. It's a difficult time to hire new attorneys, because all of our
attorneys, including ourselves, were coterminous with the Mayor, so it's just a
challenging time to recruit. But we are actively recruiting.
I think that—you know, I know it does say in this resolution that part of the
justification is because of the resources of our office and I wouldn't say that we
don't have the resources to handle this. Our resources are limited, but really more
of the justification is the benefit in having one unified representative for the entire
employer group.
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Hawaii County Council-47 August 3, 2016
MS. WILLE: So then moving on to 567 where basically we—you know,
basically this is a litigation against some of our own people. In other words, it's
the County versus County employees that are involved in this.
MS. STEBBINS: Well, that's the Collective Bargaining process.
MS. WILLE: You have fire fighters, where it's a legal proceeding relating to
Unit 11 Fire Fighters is currently before the board, correct?
MS. STEBBINS: Right, that's the Collective Bargaining process. You have the
two parties are the employer group and the union.
MS. WILLE: Right, so you know, I think that it's appropriate. I'm not sure that I
particularly care to have somebody statewide rather than our having our own
person that we're hiring on this island. I'm not sure about this all getting in there
and having Maui select the person. I know there have been cases where people
then felt, okay, there's all these different layers between side A and side B.
Anyway, I have some reservations on that.
I do,just want to—going back to the resources of your department, you know, I
keep hearing. Are all of the attorneys coterminous, every attorney in your
Corporation Counsel, they all end in November, or whatever it is, December?
MS. STEBBINS: December 5�h, yes.
MS. WILLE: December 5�h. So unless that new Mayor comes in and appoints
them or appoints a Corporation Counsel that picks them. Because I was
wondering. I was hearing that a lot of people have been leaving, and I'm trying to
figure out why that is. Maybe that's something that we should change somewhat.
I mean, that's going aside, but it has relevant to that resolution, is we want to have
resources and not having to hire out, because it's another one of these election
issues. Every time when you come up for election, that—you know, the cost of
having people be here and leaving and re-hiring. Anyway, you bring it up in here
so I see that as a bigger problem, but exemplified by this.
So that concerns me, and I'm notI see you want to enter into this agreement
with all of the other counties. I'm just saying I still have some reservation where
it's going in and having it be all the counties together rather than maybe having
outside counsel where they're'just directly, you know, working on our County
level.
CHR KANUHA: Thank you. Mr. Onishi.
MR. ONISHL Thank you, Mr. Chair. Molly, maybe if you can explain to the
public, because not too often this happens, where a union will go to the Labor
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Hawaii County Council-47 August 3, 2016
Board. Because usually it's arbitration and then usually, it's settled at that time,
correct? Because for me on the Council, I don't think I approved too many of
these requests, that's why.
MS. STEBBINS: Okay, yeah. The Hawaii Labor Relations Board, the State
entity that I guess oversees and interprets Collective Bargaining law, Chapter 89,
and resolves various disputes or complaints relating to prohibited practices that
may be filed by either the employer or the union, so they're sort of involved
throughout this contract negotiation process, which as you mentioned has, I think
historically, the parties don't come to complete agreement on the contracts
through just negotiations and they do proceed to what's called interest arbitration.
Along the way there may be matters that rather than being presented to the
arbitrator, at interest arbitration are matters which the Hawaii Labor Relations
Board is asked to resolve.
MR. ONISHL Okay, because when I just glanced at it, I thought it was about
other things we talked about in the past, about, you know, what's been happening
within Hawaii County, right, with the BC's (bargaining contracts) and so forth.
So that's what I was thinking what was happening. But then, it's totally different,
it's a negotiation of their contract for the next term, right, or the next years?
MS. STEBBINS: That's correct, yes.
MR. ONISHL Okay. Is it possible to ask you what are they requesting?
MS. STEBBINS: What is ?
MR. ONISHL Like what are they? Like pay raises, benefits?
MS. STEBBINS: Oh, I think there's a number of different proposals that the
employer group and the union have been going back and forth on. And you
know, again, it's really been the—at this point, it's primarily the HR (Human
Resources) representatives who have been participating in the process. So you
know, it's all—it's an ongoing process, nothing's been deciding on. There's
numerous proposals going back and forth on both sides.
MR. ONISHL Okay, yeah. In fact, that's what I was going to mention too, you
know, usually HR does take care of that. Right? Sharon and
MS. STEBBINS: And Sharon Toriano was conveniently away from the office
today. She could probably answer a lot of these questions better than I could, but
she's not in.
MR. ONISHL Okay. Thank you, Mr. Chair.
CHR KANUHA: Mr. Chung.
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Hawaii County Council-47 August 3, 2016
MR. CHUNG: You know Molly, I'm wondering what's the relationship between
these two resolutions and why did they come up together? I mean, they're there
and it says "and."
MS. STEBBINS: Right, it's sort of a two-part request. The first-566-16 is
seeking authorization for special counsel which requires a 2/3 vote per the
Charter. There's a State statute, HRS (Hawai`i Revised Statutes) 46-7, that
requires the Council to approve intergovernmental agreements. You see this a lot.
It's very broad. Whenever there's an agreement being entered into between the
County and the State or the County and the federal government, in this case, it
would be amongst the various counties and the State. So because the request for
special counsel also involves this request that we enter into a cost sharing
agreement, that's why the two requests.
MR. CHUNG: Okay. So they go hand-in-hand, right?
MS. STEBBINS: They do go hand-in-hand.
MR. CHUNG: Okay. So now, at first we were talking about anticipated
litigation. It's still anticipated, or we're differentiating between these proceedings
that have been initiated before the Hawaii Labor Relations Board? Is that a
different thing? Now we've got to get educated on this.
MS. STEBBINS: That is actually not this reference to proceedings that have
been before the Labor Relations Board, at this point the board has declared that
the parties are at an impasse, and appointed a mediator, and there may be potential
additional proceedings brought before the Labor Relations Board.
MR. CHUNG: Okay. So finally, it says here in this recital, the instant legal
proceedings involve complex issues of law and fact pertaining to management's
rights and require specialized legal, legal knowledge and expertise in those areas.
Are you at liberty to tell us what those issues are?
MS. STEBBINS: The parties have a disagreement regarding whether some of the
proposals submitted by the union are matters subject to negotiation as opposed to
being matters that are reserved to management's rights.
MR. CHUNG: Okay, and that's where you guys are at odds?
MS. STEBBINS: Yes.
MR. CHUNG: Okay, thank you.
CHR KANUHA: Mr. Paleka.
MR. PALEKA: Specifically to that, Molly, are they arguing past practice?
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Hawaii County Council-47 August 3, 2016
MS. STEBBINS: I'm not aware of that, if they're arguing that of not.
MR. PALEKA: Okay, thank you.
CHR KANUHA: Thank you. Council Members, any other discussion? Okay, I
think we're okay to vote. All in favor of the motion to approve Resolution 566,
say "aye."
Vote on Res. 566-16: The motion to adopt Res. 566-16 was carried by the
(Adopted): following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ragan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Ms. Eoff, may I have a motion to approve
Res. 567?
Vote on Res. 567-16: Ms. Eoff moved to adopt Res. 567-16. Seconded by
(Adopted) Mr. Onishi and carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ragan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Mr. Clerk, I think we're on Bill 224.
BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for
ORDINANCES Ordinances (First Reading).
(FIRST READING):
(Note: Bill 223 was taken up previously, out of order.)
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Hawaii County Council-47 August 3, 2016
Bill 224: AMENDS ORDINANCE NO. 16-72, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2017
Increases revenues in the Federal Grants –High Intensity Impact Grant account
($40,425); and appropriates the same to the High Intensity Impact Grant account.
Funds would be used to combat the methamphetamine drug problem by conducting
sting operations and training officers in the enforcement of these drug related cases.
Reference: Comm. 943
Intr. by: Ms. Eoff
Waived: FC
Motion to Approve: Ms. Eoff moved to pass Bill 224 on first reading.
Seconded by Mr. Paleka.
CHR KANUHA: Ms. Eoff
MS. EOFF: No, this is a serious, serious problem in our community, so I'm glad
we're—this is just adding additional money to an already funded account. 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 Bill 224: The motion to pass Bill 224 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ragan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha–9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Bill 206.
ORDER OF The Chair directed the Council to proceed to the next order of business, Order of
THE DAY: the Day (Second or Final Reading).
SECOND OR
FINAL READING: (Note: Items in this category were taken up previously, out of order.)
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Hawaii County Council-47 August 3, 2016
Bill 206 AMENDS SECTION 25-8-26 (PAHOA ZONE MAP), ARTICLE 8,
(Draft 2): CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO
VILLAGE COMMERCIAL—10,000 SQUARE FEET (CV-10) AT NANAWALE
HOMESTEADS, PAHOA, PUNA, HAWAII, COVERED BY TAX MAP KEY:
1-5-011:008 AND 1-5-011:009
(Applicants: David and Charlene Ewing) (Area: Approx. 17,994 square feet)
The Windward Planning Commission forwards its favorable recommendation for
this change of zone, which would allow the applicants to develop a 2,400 square-
foot commercial building into an internet coffee shop and retail business complex
on Pahoa Village Road in downtown Pahoa.
Reference: Comm. 876.5
Intr. by: Mr. Eagan
Referred to the Planning
Department: June 3, 2016
First Reading: July 19, 2016
Vote on Bill 206: Mr. Eagan moved to pass Bill 206, Draft 2, on second and
Draft 2 final reading. Seconded by Mr. Paleka.
(Adopted)
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Next item.
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Hawaii County Council-47 August 3, 2016
Bill 210: AMENDS ORDINANCE NO. 889 (FORMERLY KAMUELA ZONE MAP,
CURRENTLY LALAMILO PU`UKAPU ZONE MAP), WHICH
RECLASSIFIED LANDS FROM AGRICULTURAL–FORTY ACRES (A-40a)
TO AGRICULTURAL–FIVE ACRES (A-5a) AT PU`UKAPU HOMESTEADS,
2ND SERIES, SOUTH KOHALA, HAWAII, 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. Eagan (B/R)
First Reading: June 15, 2016
Postponed: July 7, 2016
(Note: There is a motion by Mr. Ilagan, seconded by Mr. Paleka, to approve
Bill 210.)
CHR KANUHA: Discussion, Council Members? There's a current motion on
the floor for approval. Ms. Wille.
MS. WILLE: Just to bring the public up toI think I had this is where were
removing conditions, restrictions, that allowed basically agricultural crops to be
used, and the CDP limits this area basically to agriculture, which would be both
intensive and extensive. And the State law is much wide opened so that it allows,
like, geothermal and—are you finished? I was just waiting for you to finish. I
apologize, I shouldn't maybe be easily distracted. But just concentrating.
So what was in here, restriction was to very much just straight agriculture,
ranching, that we would of, and the CDP sort of is wider. But the State level is
wide open to many other activities. And this change is removing conditions that
not just opens it up to a broader agriculture, such as what's permitted or looked at
in the CDP's, but to the full what would be allowed under State law for
agricultural zone.
I am going to support this. I don't think the intent is to be bringing in biodiesel or
any of the other things, but I just want toa red flag, I think that we ought to be
looking at this where in my mind we are going against the CDP to some extent,
and we ought to clarify this and look at this in terms of a bigger picture at some
point. So I support this, I think that the intent here isn't really to go through what
I consider the State definition loopholes, but in the future, I would certainly like to
look at something so that we are not just equating the State's definition of
agriculture which tends to have additions that whatever—you know, the big
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Hawaii County Council-47 August 3, 2016
lobbyists come in and want to have in that area. So raise that point, but at the
same time, I think that's not the intent here and I will be supporting it. It is in my
district.
CHR KANUHA: Thank you, Ms. Wille. Council Members, any other
discussion? Yeah, I think we've been talking about this for a pretty good long
time. Okay, hearing or seeing none, all in favor of the motion to approve, say
Ic aye.
Vote on Bill 210: The motion to pass Bill 210 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ragan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Next item.
Bill 213: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 2, OF THE HAWAII
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
MOVING VEHICLES
Adds a portion of Old Mamalahoa Highway to Section 24-265, Schedule 13 (Yield
locations), subsection (b), North Hilo, to limit traffic to one vehicle at a time over
the Hakalau Stream Bridge.
Reference: Comm. 905
Intr. by: Ms. Poindexter
First Reading: July 19, 2016
Vote on Bill 213: Ms. Poindexter moved to pass Bill 213 on second and final
(Adopted) reading. Seconded by Ms. David and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ragan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Next item.
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Hawaii County Council-47 August 3, 2016
Bill 215: AMENDS ORDINANCE NO. 06-114, WHICH RECLASSIFIED LANDS FROM
SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO
GENERAL COMMERCIAL—20,000 SQUARE FEET (CG-20) AT WAIAKEA
HOUSE LOTS, HAWAII, COVERED BY TAX MAP KEYS: 2-2-034:066, 078,
AND 079 (Applicant: Big Island Candies, Inc.) (Area: Approx. 45,450 square feet)
The Windward Planning Commission forwards its favorable recommendation for
an eight-year time extension to Condition C (time to complete construction) as
well as Conditions D, E, and F (roadway infrastructure improvements). The
applicant states it intends to construct an additional two-story, 25,000 square foot
production/storage facility and open visitor rest area.
Reference: Comm. 907
Intr. by: Mr. Eagan (B/R)
First Reading: July 19, 2016
Vote on Bill 215: Mr. Eagan moved to pass Bill 215 on second and final
(Adopted) reading. Seconded by Mr. Paleka and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. I think we're on Bill 220.
Bill 220: AMENDS ORDINANCE NO. 16-73, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2016, TO JUNE 30, 2017
Adds the Parks and Recreation Hilo Bayfront Trails - Federal project for $165,667
to the Capital Budget. Funds for this project shall be provided from Federal
Grants Receivable ($165,667). Funds would be used to construct a paved multi-
purpose pathway along Hilo Bayfront.
Reference: Comm. 928
Intr. by: Ms. Eoff
First Reading: July 19, 2016
Note: Requires 2/3 vote of the entire membership
to amend, pursuant to Section 10-6(e),
Hawaii County Charter
Motion to Approve: Ms. Eoff moved to pass Bill 220 on second and final
reading. Seconded by Ms. David.
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Hawaii County Council-47 August 3, 2016
CHR KANUHA: Ms. Eoff
MS. EOFF: Before I yield, I just wanted to say it's always so impressive when
we come to Hilo. There's a lot of people that walk through these areas and the
trails, and run and jog. This addition is going to be really important to continue
those pathways.
CHR KANUHA: Thank you. Any other discussion? Mr. Onishi.
MR. ONISHL Just to add to that is that when we have our cruise ships come in,
and they'll have like a nice walkway from the pier all the way to Banyan Drive
with the new reconstruction of Kalanianaole with sidewalks. That's going to be
connecting to this trail. So it's all everybody working together. 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 Bill 220: The motion to pass Bill 220 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ragan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Bill 221.
Bill 221: REPEALS ORDINANCE NO. 15-81, WHICH INITIATED AN AMENDMENT
TO ARTICLE VI, CHAPTER 3, SECTION 6-3.4, OF THE HAWAII COUNTY
CHARTER (2014), RELATING TO COUNTY BANDS
Reference: Comm. 930
Intr. by: Mr. Eagan
First Reading: July 19, 2016
2/3 Vote: Second of three required readings
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Hawaii County Council-47 August 3, 2016
Vote on Bill 221: Mr. Eagan moved to pass Bill 221 on second and final
(Adopted) reading. Seconded by Mr. Onishi and carried by the
following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Mr. Clerk, got it all?
REPORTS: The Chair directed the Council to proceed to the next order of business, Reports.
(There were none.)
REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals
EXECUTIVE for Executive Session.
SESSION:
(There were none.)
OTHER The Chair directed the Council to proceed to the next order of business, Other
BUSINESS: Business.
(There was none.)
ANNOUNCE- The Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
MR. CHUNG: I wanted to make a comment?
CHR KANUHA: Yeah, before we go to the motion to adjourn, Mr. Chung.
MR. CHUNG: Ten more days before election. I wanted to wish all of you
because everyone here is actually running for something, right? I wanted to wish
all of you guys and myself good luck. Ms. Poindexter only needs one vote. I'm
sure you're going to get way more than that. But good luck everybody.
CHR KANUHA: Thanks, Aaron. Ditto that comment. Good luck to everybody.
Okay, now can I have a motion to adjourn?
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Hawai`i County Council-47 August 3, 2016
ADJOURN- There being no further business, at 1:09 p.m., Mr. Onishi moved that the
MENT: meeting be adjourned. Seconded by Ms. Eoff and carried by the following
voice vote:
Ayes: Council Members Chung, David, Eoff,
Ilagan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: We are adjourned.
Council Approval: AUG 2 2 2018
` if
Stewart Maeda
COUNTY CLERK
SM/j a
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