HomeMy WebLinkAboutMIN COUNCIL 2016/08/17 2014-2016 Hawaii County Council
48 I Session
West Hawaii Civic Center
74-5044 Ane Keohokalole Highway, Building A
Kailua-Kona, Hawaii
August 17, 2016
INVOCATION: Pastor Makana Delovio of New Hope Legacy gave the mornings invocation.
CALL TO The regular meeting of the Hawaii County Council was called to order at
ORDER: 9:04 a.m., in the Council Chambers, Kailua-Kona, by Mr. Dru Mamo Kanuha,
Chair.
ROLL CALL:
Present: Mr. Dru Mamo Kanuha, Chair
Ms. Valerie T. Poindexter, Vice Chair
Mr. Aaron S. Y. Chung, Member
Ms. Maile "Medeiros" David, Member
Ms. Karen Eoff, Member
Mr. Greggor Eagan, Member
Mr. Dennis "Fresh" Onishi, Member (came in later; videoconference in Hilo)
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, Mr. Paleka led the Council in the Pledge of
Allegiance.)
CHR KANUHA: Thank you, Mr. Paleka. Next up we have Certificates, I know
we have a few this morning, so we'll start with Ms. Poindexter.
PETITIONS, The Chair directed the Council to proceed to the next order of business,
MEMORIALS, Petitions, Memorials, Certificates of Merit, and Expressions of Condolence.
CERTIFICATES
OF MERIT, AND (Note: At this time, Council Member Poindexter presented a Certificate of
EXPRESSIONS OF Merit to Farrah-Marie Gomes in recognition of receiving the Pacific
CONDOLENCE: Business News 40 Under 40 Award in 2016.)
(Note: At this time, Council Member Kanuha presented a Certificate of
Merit to Kurt Chambers in recognition of setting two national records for
free diving.)
Hawaii County Council-48 August 17,2016
Recess: At 9:22 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 9:23 a.m.
STATEMENTS The Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public on Agenda Items.
PUBLIC ON
AGENDA ITEMS: The following individuals registered to speak and came forward when called by
the Chair:
Georjean L. Adams: Res. 565-16, Draft 2 (Comm. 944.13), in support.
Farrah-Marie Gomes: Res. 571-16 (Comm. 956);
(representing Hawaii Res. 573-16 (Comm. 958); and
Island Women's Res. 578-16 (Comm. 963); in support.
Leadership Forum)
Kelly Hart: Res. 565-16, Draft 2 (Comm. 944.14), in support.
Joan (Sadie) Young: Res. 565-16, Draft 2 (Comm. 944.14), in support.
Cory Harden: Res. 565-16, Draft 2 (Comm. 944.13), comment.
Dr. Norman Arancon: Res. 593-16 (Comm. 982); and
(representing the Res. 594-16 (Comm. 984); in support.
University of Hawaii)
Rene Siracusa: Res. 565-16, Draft 2 (Comm. 944.13); comment and
(representing Malama Res. 576-16 (Comm. 961); in support.
`O Puna)
Sarah Rafferty: Res. 565-16, Draft 2 (Comm. 944.13); comment.
Megan Lamson:
Susan Denman: Res. 565-16, Draft 2 (Comm. 944.14), in support.
Peter Denman: Res. 565-16, Draft 2 (Comm. 944.14), in support.
Lauren Zirbel: Res. 565-16, Draft 2 (Comm. 944.13), comment.
(representing Hawaii
Food Industry
Association)
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Hawaii County Council-48 August 17,2016
Dexter Yamada: Res. 565-16, Draft 2 (Comm. 944.13), comment.
(representing KYD)
G. Pytell: Res. 565-16, Draft 2 (Comm. 944.14), in support.
Coert Olmsted: Res. 565-16, Draft 2 (Comm. 944.14), in support.
Dr. Rodney C. Jubilado: Res. 593-16 (Comm. 982); and
(representing University Res. 594-16 (Comm. 984); in support.
of Hawaii—Filipino
Studies Program)
Dr. Celia Bardwell-Jones: Res. 593-16 (Comm. 982); and
(representing University Res. 594-16 (Comm. 984); in support.
of Hawaii)
Sharon Willeford: Res. 565-16, Draft 2 (Comm. 944.13), in support.
Clare Loprinzi: Res. 565-16, Draft 2 (Comm. 944.14); and
Res. 593-16 (Comm. 982); in support.
Lisa Andrews: Res. 565-16, Draft 2 (Comm. 944.14), in support.
Todd Andrews: Res. 565-16, Draft 2 (Comm. 944.14), in support.
Toby Hazel: Res. 565-16, Draft 2 (Comm. 944.13), comment.
Joy Cash: Res. 565-16, Draft 2 (Comm. 944.13);
Res. 569-16 (Comm. 954);
Res. 571-16 (Comm. 956);
Res. 572-16 (Comm. 957);
Res. 573-16 (Comm. 958);
Res. 574-16 (Comm. 959);
Res. 576-16 (Comm. 961);
Res. 578-16 (Comm. 963);
Res. 580-16 (Comm. 965);
Res. 584-16 (Comm. 969);
Res. 588-16 (Comm. 975);
Res. 589-16 (Comm. 976);
Res. 590-16 (Comm. 977);
Res. 591-16 (Comm. 978);
Bill 221 (Comm. 930);
Bill 222 (Comm. 934);
Bill 223 (Comm. 942);
Bill 224 (Comm. 943);
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Hawaii County Council-48 August 17,2016
Bill 225 (Comm. 973); and
Bill 226 (Comm. 974); comment.
Steve Ueda: Res. 565-16, Draft 2 (Comm. 944.13), in opposition.
(representing Suisan)
David Hauser: Res. 572-16 (Comm. 957), in support.
CHR KANUHA: Thank you. Mahalo for your testimony. Okay, is there
anybody else wishing to testify here in Kona or in the outer sites, please let me
know at this time. Hearing or seeing no other testifiers, I will close public
testimony and before we get into the agenda, I'm going to take a brief recess, but
when we come back, I'm going to first go with—we have Assistant Chief Honda
here. We do have two nominees and then I'll get into the Bill 565 for the task
force. So, that's kind of where we're going to go for the agenda. Okay, we will
be in recess for a few minutes. We are now in recess.
Recess: At 10:39 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 10:53 a.m.
CHR KANUHA: Okay, we are coming out of recess, calling all Council
Members. I think we have a quorum. Yes. Okay, as I stated before the recess,
we are going to take a few items out of order. If we could, Mr. Clerk, start with
Resolution 588.
COMMUNI- The Chair directed the Council to proceed to the next order of business,
CATIONS: Communications.
(There were none.)
Change Order As directed by the Chair and with no objection from the Council Members, the
of Business: following items were taken out of order.
Res. 588-16: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE
OF ONE FIRE APPARATUS (TANKER TRUCK) FOR THE HAWAII FIRE
DEPARTMENT
Authorizes the Mayor to enter into a five-year lease agreeement at an
approximate monthly cost of$8,000 for one tanker truck to be assigned to the
Waimea Fire Station.
Reference: Comm. 975
Intr. by: Ms. Eoff
Waived: FC
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Hawaii County Council-48 August 17,2016
Motion to Approve: Ms. Eoff moved to adopt Res. 588-16. Seconded by
Ms. Wille.
CHR KANUHA: As I've stated earlier, we do have Assistant Chief Honda here.
Ms. Eoff, if you have any
MS. EOFF: Sir, since you've been waiting all day, I'd like you to be able to say a
few words. Thank you.
(Note: At this time, Assistant Fire Chief Glen Honda came forward to
address the members of the Council.)
MR. HONDA: Good morning and thank you very much for moving us up in the
agenda. I'm Glen Honda, Assistant Fire Chief with the Hawaii Fire Department.
I'm really here to answer any questions you might have about 588 or any
discussion.
MS. EOFF: Okay. I would just like you say a few words about how this will be
used and what benefit it is to the County.
MR. HONDA: Sure. About a year and a half ago, Waimea Fire Station received
a new pumper, which is used for structural firefighting. Along with the pumper it
has an off-road tanker vehicle that is approximately 24 years old and is still the
work horse for that station and for that district. Waimea Station takes care or gets
called to all of the brush fires on 190, up in the Pohakuloa area, Waiki`i, and
down into Waikoloa and Kawaihae. So, having this unique vehicle will get them
set for response off-road with up to 2,000 gallons of water to attack wild land
interface and urban interface fires.
MS. EOFF: Thank you and thank you for everything that you and your crew
does.
MR. HONDA: Thank you, Council, for all of your support.
CHR KANUHA: Ms. Wille.
MS. WILLE: Thank you for being here. This item was not on our original
budget last year and with the help of—and the others in the Fire Department, we
fought and got it onto the supplemental budget, and it was really my priority
change on the budget. You know, one of the problems was that we've had two of
these four-by-four, off-road vehicles, one in the southern part of the County and
one up here. And just because of the way finances work and criteria, we were
able to get the one for the southern part of the State through. It's actually through
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Hawaii County Council-48 August 17,2016
a Housing Department funding, but we could not secure that. We were not able to
get that outside funding for this one and so we really had to fight. I really
appreciated that the administration did agree to put it on.
Our district in our area basically, both Karen, District 8 and District 9, we have
more than a fair share of off-road and brush fires. If you all recall, it was—one of
those came very close to just running right through Waikoloa, so I'm glad we
got the one that we have right now is currently sort of on its last leg and this will
take, I think it's about 10 months or eight months until we get or able to actually
have it here. It's being built. Is that correct?
MR. HONDA: That's correct.
MS. WILLE: So anyway, I was glad that we were able to work and get it into this
budget and not be here without that to help our Fire Department and our volunteer
Fire Department. I mean dealing with fires in my area is a really significant event
and responsibility as a County, so thank you.
CHR KANUHA: Thank you, Ms. Wille. Council Members, any other
discussion? Ms. David.
MS. DAVID: Mahalo, Chair. I just have one question, Assistant Chief. So, this
will be housed in Waimea at the Waimea Station, or down along Queen
Ka`ahumanu?
MR. HONDA: This will be at the Waimea Fire Station.
MS. DAVID: The Waimea Fire Station?
MR. HONDA: Correct.
MS. DAVID: Okay, thank you, and thank you for all your good work too.
Mahalo.
CHR KANUHA: Thank you, Ms. David, any other discussion? Okay, hearing
or seeing none, all in favor of the motion to approve say "aye."
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Hawaii County Council-48 August 17,2016
Vote on Res. 588-16: The motion to adopt Res. 588-16 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. Okay, Mr. Clerk, if we can go to reports, we
do have a few nominees here today that I want to get through. If we could start
with FC-71, Communication 950.
FC-71 NOMINATION OF HUGH Y. ONO TO THE SALARY COMMISSION
(Comm. 950):
Motion to Approve: Ms. Poindexter moved to adopt Finance Committee Report
(Adopted) No. 71. Seconded by Ms. David.
CHR KANUHA: We did hear from Mr. Ono the last committee meeting, but he
did want to come today and show his presence. So, if there's any questions,
Council Members, on his nomination—Mr. Eagan.
MR. ILAGAN: Thank you, Mr. Chairman. Again, Mr. Ono, you probably have
heard me speak the last time. I'm still going to advocate that the County Council,
especially the Council Members, need a bump in their salary. The reason why is
because they are hard-working individuals who really love their community, put
time and effort, day and night, weekends, with all the events that they have to go
to. They need that bump with the cost of living that we currently have on this
island. I just want to make sure that it's on your mind that you think about them
and take a look at reanalyzing their salary because ifI know they're not going to
speak up on it, so I want to just speak up for them. Thank you.
CHR KANUHA: Thank you, Mr. Eagan. Council Members, any other
discussion? Okay, hearing or seeing none, all in favor of the motion to approve
the nomination of Mr. Ono to the Salary Commission say "aye."
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Hawaii County Council-48 August 17,2016
Vote on FC-71: The motion to adopt Finance Committee Report No. 71 was
(Adopted) 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. Congratulations. Mr. Clerk, we also have
Carl Carlson here if we could do PSMTC-17.
PSMTC-17 NOMINATION OF CARL CARLSON, JR., TO THE POLICE COMMISSION
(Comm. 947):
Vote on PSMTC-17: Ms. Wille moved to adopt Public Safety and Mass Transit
(Adopted) Committee Report No. 17. Seconded by Ms. Poindexter
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.
Council Members spoke in favor of the appointment.
CHR KANUHA: Okay, thank you guys. Mahalo. Mr. Clerk, if we could go to
the top of the agenda to Resolution 565, Draft two.
Return to Order The Chair directed the Council to return to the order of business.
of Business:
ORDER OF The Chair directed the Council to proceed to the next order of
RESOLUTIONS: business, Order of Resolutions.
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Hawaii County Council-48 August 17,2016
Res. 565-16 ESTABLISHES A HAWAII ISLAND PACKAGING SUSTAINABILITY
(Draft 2): INITIATIVE(HIPSI) STAKEHOLDERS TASK FORCE
Task Force to include Federal, State, and County agencies and representatives of
the public and private sector who shall meet to seek legislative actions to prevent
the production of packaging waste and promote the use of packaging products
that can be reused, recycled, and recovered, as provided for in the County's
Integrated Resources and Solid Waste Management Plan.
Reference: Comm. 944.13
Intr. by: Mr. Paleka
Waived: EMC
Held Over: August 3, 2016 (Pursuant to
Council Rule 24(1)(e))
(Note: There is a motion by Mr. Paleka, seconded by Mr. Onishi, to approve
Res. 565-16, as amended.)
; and
Comm. 944.14: From Council Member Margaret Wille, dated August 10, 2016, transmitting a
proposed amendment to Res. 565-16, Draft 2.
CHR KANUHA: Thank you, Mr. Clerk. We currently have a motion on the
floor so I'll give the floor to Mr. Paleka.
MR. PALEKA: Thank you, Mr. Chair. You know, this task force that we've
been trying to put together is a work in progress. We kind of moved the
participants around. There have been concerns from both sides regarding the
composition, but I really believe that we should move ahead with this initiative.
You know, the Stakeholders Task Force is to gather information, and perhaps,
make a comparison of systems in currently, or products currently being used,
compare models that are used in different areas. We could also consider bans,
however, when we go to the Integrated Resource and Solid Waste Management
Plan, in Section 1.2, it specifically addresses "Sustainability - To ensure that
programs and actions meet the environmental, economic, and social equity needs
of the present without compromising the ability of future generations to meet their
own needs." And it goes on to say, you know, "Progress Toward Zero Waste,
Efficient and Affordable, Minimize Environmental Pollution, Litter free, Sound
Finances with Appropriate Incentives —To include financial incentives. . . . such
as pay-as-you-throw. . . ." The goals listed are intended to support all aspects of
plan implementation. It's part of that integrated approach, but what I was kind of
looking at it was more about explicitly packaging because everything that comes
to the islands comes in packaging, TV's, all our consumer items.
When I use the Green-Dot System or a comparison to that, or even maybe just
suggesting perhaps, something like that, it's because it was also included in our
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integrated resource plan and it fell under Section 3.59 to establish extended
producer responsibility policy. "As previously described, EPR (Extended
Producer Responsibility) is a policy tool that extends manufacturer's
responsibilities to include responsibility for life cycle costs of their products and
associated packaging."
So, this shift that occurred in Europe specifically went from municipality to the
producers themselves, to the businesses. Now, those businesses worked with
umweltschutz or environmental protection organizations and agencies of the
German government. The deutsch adualis system, or the German dual system, all
the producers pay license fees for their packaging and they base the criteria on
safety and recyclability. So, all the members take part and take responsibility for
producing that waste. So, this shift goes from the city or the municipality from
government to the actual producers taking responsibility and becoming
environmentally conscious members and producers.
Now, you know, the first EPR program that was placed in Germany, this was
back in 1991 with the advent of their packaging ordinance, then, it shifted to that
Green-Dot Program. The packaging ordinance resulted in the adualis system but
the result was a significant reduction in polystyrene. Why? Because they shifted
to superior, what they believed were superior materials and products for
packaging, because it went with their system of recycle, reuse compostability, and
they also burn. So, you know, this—and this is just an offering of a direction.
You know, to me, we should consider everything, but my main purpose of this is
to get the stakeholders, get the environmental organizations, and the
environmental department, to sit down with the producers and the distributors and
talk story. You know, really communicate with each other because you know, I
truly believe, we all have environmentally conscious spirits in all of us, and to
share information and to share mana`o amongst each other is the only way that we
can see where we might have some differences, but also where we have common
ground.
The task force can also address production or how we could see when we identify
criteria or look at the different types of materials and what their total footprint or
safety, you know, in going over different criteria, we can really identify the
materials that are superior in safety and all the important criteria. But not only
that, perhaps, and this is what I'm hopeful for, and this was specifically in
conversations with John Elkjer, is seeing what kind of development, business-
wise we could do here for real sustainability in Hawaii. We should produce here
and if it's compostable type of products, so be it, but we might come up with
something else. I mean the packaging that Germany has for candies, for
chocolate, I mean, you know, they grade it on measurable criteria for which one is
superior. In some sense, it might be superior in recyclability, but it might take
more resources, and that could be all part of this discussion.
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Hawaii County Council-48 August 17,2016
But basically, what I'm looking at is coming up with a solution for the long term,
and I guess I got to yield at this time, my time is up. But I want to thank all of, if
I may, Chair, please, I want to thank all the stakeholders that came here today,
and just hanging in there and listening to the certain ideas. I know there's been
some shifting around. I know people have asked to be on other organizations too,
but I said, "You know what? Enough already," I want to move forward and just
try and get the task force going because the information that can be gained from
this, and not only that, the interaction of the stakeholders I think is the most
important. Thank you. Sorry, Mr. Chair.
CHR KANUHA: Thank you, Mr. Paleka. Ms. Wille.
MS. WILLE: Thank you. I just want to quickly say why I think this issue is so
important. My Bill 140 focused on what I consider the extreme, most harmful,
environmentally, and I felt that was the first step. But Danny's statement, in
reading it, at least the way it's written, is basically a broader, whether it's
packaging for one take-out item or it's packaging in terms of shipments or
whatever. But,just looking at what I see, is the three criteria, you know, what is
our environmental well-being? This is probably what does—or the styrofoam in
particular, the small packages where you're getting the little beads out in our
marine environment is just devastating. I mean right now,just watching the
demise of the albatross based on that styrofoam.
The second is economic well-being. If you look at some of the costs of solid
waste and the amount of space, I think it was somewhat estimated that the
counties right now spending $900,000 a year for basically what styrofoam is in
the landfills. I don't know whether that was correct. That was the number that
was given but that—and others here have testified today and other times. Well,
but then there will be other things in the landfills and even if it's compostable, it
doesn't go away. But we now have our compost—and program to start up July
2018 and that would take all compostables out of the landfill.
And the third prong, I always look at is sort of socio-cultural, you know, and sort
of what is this statement that this island makes and where are we? And I look at
that it's malama `Hina, or aloha `Hina and that we should, you know, not be wimps
and be willing to move forward on this issue and make a statement, and if it
means helping to compensate some that are hurt because of it, who did things
right in the past, then we should do that. But, you know, our island does the most
harm up through the islands the way the water flows.
There were students at marine science in Hilo who studied it. The styrofoam
from this island, Hawaii has the most styrofoam going to the marine
environment. This island has the most in Hawaii, and yet, couldn't pass Bill 140.
I mean,just, to me, it wasanyway, very upsetting to me.
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Hawaii County Council-48 August 17,2016
We have policies, we have zero-waste policies, why do we bother having
policies? Why do we bother thinking about updates when we don't do these
things? It's just like, okay, well there's some opposition and da, da, da, da, da, we
can't do it. Well then, we address how to work on it.
Just in terms of mechanics, in terms of composition, I would consider it really
disrespectful if I was not on it. I would certainly consider Danny promoting it,
and I would expect the Chair to move and promote that I'd be on it. That's how I
feel. I mean this is all coming out of us following the conversation from my bill.
In terms of the administrativeI think maybe I ought to at this point, go in my
amendment, but there are administrative members on this and the last time we did
a task force, Lincoln Ashida said do not put members of the administration on
your task force. And he said we cannot discuss any of these subjects outside of
that forum and we delayed six months to get our task force started. So, you
know—and I think in terms of the other membership, I'm open. I think the one
last—well maybe I ought to go ahead and make a motion right now for myI'd
like to move to amend this bill with the contents of Communication 944.14.
Motion to Amend: Ms. Wille moved to amend Res. 565-16, Draft 2, with the
contents of Comm. 944.14. Seconded by Ms. Poindexter.
CHR KANUHA: Ms. Wille.
MS. WILLE: Okay, I just want to quicklyI put into this to amend Council
Member Paleka's bill that it includes at least consideration about prohibiting the
sale of polystyrofoam. That's where the momentum and the energy was. It's not
saying that's conclusive, it is packaging. I'm happy to have it be the larger
framework and go ahead on that.
I also try to get—add an educational whereas and make it so that's important. I
did put inI consider we're starting over
CHR KANUHA: Yeah, can you restart her time for the amendment?
MS. WILLE: Okay, and in terms of the administrative members, I felt they
should not be included. Just as the Finance Department assisted us and was a part
of that and participated, but it really disqualified them from their functioning in
their departments if they were then prohibited from any discussions that would
overlap with anything in the
And in terms of just when it can be black and white about issues—and I would
love for us to pass my Bill 140, it didn't pass. I mean it was tied and, you know,
then it was four, four, one. But I always believe in conversation and that
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conversation is important and it's really through conversation that we move
forward. And you can say why bother? Let's just wait to the next administration.
I think that if you all, if say myself and Danny are willing to do this, why not?
Why not allow for that conversation? Whatever we do, we're researching it. All
of these things were been in our integrated ways or plans and haven't been
pursued. Here we are talking, let's set up and spend tens of thousands to redo or,
you know, do a new—renew or whatever it is that integrated management plan.
And yet we haven't touched on any of this area, like the take back issues. I saw it
as step by step.
I did put in mine, there were a lot of whereas. Danny said "shall,"had a lot of
"shalls." This stakeholder task force shall do a lot of other things, identifies
superior production and labelling matters and sort of a—and I just sort of put
those in "mays." Obviously, if we're trying to do something, and get some
energy together and get some ideas going. Let's do it.
So, I think in terms of my amendment, I would urge that we move—if we pass
mine, or amendment and we move forward to Council, that we iron out like the
membership issue by the Council. I'm really open. I don't care whether everyone
there starts out against where I am. I mean I think it's an important conversation.
But I think sort of identifying those issues, it is going tolike the issue I brought
up yesterday in terms of we only have 36 more months approximately, which we
could extend probably for another two years, in my view, if we did a few things
right now, say with devolution materials and others that we're handling.
But, you know, our environmental management commission hardly gets to meet
at all and a lot of those issues really come through them. So, I would urge, you
know, passage of this. I would like to work with Danny. I think that we can work
together and get a conversation going. And maybe it's not a full conversation, but
it is moving the issue forward. And if we were to do one thing on this island that
would make a difference, it would be addressing environmentally, the styrofoam,
economically, in terms of the cost to our County, everything that we do, and just
as a cultural reality and cultural statement of who we are and what we stand for as
an island community. So, anyway, I yield.
MR. ONISHL Mr. Chair?
CHR KANUHA: Mr. Onishi.
MR. ONISHL Thank you.
CHR KANUHA: Go right ahead.
MR. ONISHL Yeah, I got toyou know, on the amendment, I do support having
Margaret on the task force, but if you guys look at the amount of people that's
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going to be put onto this task force, it's almost like close to like 26 members. I
don't know what the time line is going to be because if we do pass this
amendment, then we're going to have to hold it over because it's like the same
thing we did with when Danny made his amendment. So now, we're going to be
looking at going into September. Council Member Paleka and Wille are going to
be termed out, or not termed out, but will not be returning back after December
fifth, so timewise, I don't know if we're going to have, or they're going to have
enough time to come up with this research or this study.
Second thing about this amendment is that, it's like Ms. Wille's kind of making a
focus of eliminating like the polystyrene foam food containers. It should be open,
it should be broad, it should have the task force deciding on what's, I guess, the
best for the island. But also for, you know we talk about the albatross, I don't
know how many albatrosses on this island are being affected. I mean it could be
on other islands and so what this is saying is that we, Hawaii County, is the
source of hurting all these seabirds, which I do not believe. And I always said it's
a litter problem because like that one testifier mentioned about D.C., but we were
told that their rivers, their waterways were being polluted by this litter. So, it was
a litter problem and not basically—the litter, which is being caused by human
beings and not being naturally.
The last thing on this amendment is that, you know, I just don't see how—and
then, it also talks about prohibiting the sale of polystyrene foam food containers
and service ware by all food vendors by July 1, 2018. Why would we put this in a
task force? This shouldn't be in this. I mean let the task force decide on whenI
mean let the Council decide on when this should take effect after they look at
what the study was about.
And the last thing I want to say, members, remember when, last term, we did
when we had that GMO (Genetically Modified Organisms) bill? We asked for a
task force but Ms. Wille, you didn't want to support that, and now, you want to
support a task force? To me, I would think you would be against a task force and
then come up with another bill. So, you know, you need to be consistent on how
you make your decisions. Thank you.
CHR KANUHA: Ms. David.
MS. DAVID: Mahalo, Chair. Speaking on the amendments, thank you,
Margaret, for bringing this forward, I support the fact that you should be one of
the task force members. In looking atI do have some questions and comments
regarding the provision that you have about the July 1, 2018. I just feel that
should not also be in this resolution, forming a task force. It restricts them or it
makes the focus of what they're going to be doing, in my opinion, if there's a
deadline to it. So, I do not agree with the deadline—references to the July 1, 2018
deadline in your amendments. So, in theI would eliminate all those.
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Hawaii County Council-48 August 17,2016
Also, I believe in your other whereas, going down on page two, "many food
service vendors support a ban . . .."I don't believe that sentence should also be in
this task force resolution. It should just start with the "stakeholders task force
shall identify," et cetera.
So, the next three or four whereas where you changed "shall" to "may also," I
think that's fine. And I'm not sure what the last whereas means and Chair, if I
can ask Ms. Wille.
CHR KANUHA: Yes, you may.
MS. DAVID: "Whereas, elimination of non-recyclable, non-reusable," that
paragraph. What does that mean? Or what is the intent of that paragraph?
MS. WILLE: Yeah, in terms of the big picture, it's where you do something for
the common good and there are individuals, say landowners or otherwise, that are
hurt. One should look at that harm. In this case, polystyrene was permissible and
legal, and like Dexter tried to do something where it was for—and I think we now
found, like say with DDT (Dichlorodiphenyltrichloroethane), it's bad. At the
same time you're looking at working for the common good, you should look at
ways that one could mitigate the harm to those who, individually, are harmed by
it. So, I just always try to think about what we're doing to individuals that were
not doing wrong, whether it was DDT or polystyrene.
MS. DAVID: I see.
MS. WILLE: And how one can assist, you know, assist them. Maybe the County
buys all this compostables from Mr. I don't know. But, I just want—it's an
awareness that I just wanted to bring in there.
MS. DAVID: And that goes along with what I'm thinking, as far as expanding
the scope of this task force and whether that would be something that would take
more than the time frame that we have left, I mean we have to work on this. And
thank you for explaining that.
And my last comment would be that the amount or the number of participants in
this task force is pretty large, and coordinating all of these people within a short
time frame is concerning. And also, the Marine Science Department of the
University of California at Santa Barbara, and also the Energy and Environment
in the District of Colombia, those participants will be here?
MS. WILLE: Available by phone.
MS. DAVID: I see.
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Hawaii County Council-48 August 17,2016
CHR KANUHA: Ms. Wille—sorry, did you answer that?
MS. DAVID: Okay, thank you. Well, then I really—my position would be that
the number of members seems very difficult to coordinate and work with in such
a short time frame. And my last question, I think—could I ask our Deputy
County Clerk a question?
CHR KANUHA: Yes.
MS. DAVID: Mr. Clerk, Bill 140 failed by a four, four vote, so when would it be
able to be brought back? Or when would some bill with that subject matter come
before the Council again?
MR. HENRICKS: A piece of legislation in substantially the same form would
have to wait until the next Council term. So, that would be at least through
December five. But, you know, we're not having it anyway, so December 2016 at
the earliest.
MS. DAVID: Thank you very much. And with that, I yield.
CHR KANUHA: Thank you. Mr. Chung.
MR. CHUNG: Thank you, Mr. Chairman. I'll be voting against this amendment.
Like Mr. Onishi said, I have no problem with Margaret being on this task force, if
it is at all formed. But, it seems to run counter to the intent of the introducer,
Mr. Paleka, who wanted a more open dialogue on all of this. You know, as
Ms. David pointed out, you know, it speaks ofbasically, Ms. Wille has
integrated her bill into this resolution, by her second whereas, you know,
"eliminating the sale or provision of polystyrene foam food containers and service
ware by all food vendors by July 1, 2018, . . .." And I think that really defeats the
purpose of Mr. Paleka's intentions, and I guess I'll reserve comment on the main
resolution later, but for those purposes, I have to vote against this. Thank you.
CHR KANUHA: Thank you. Ms. Poindexter.
MS. POINDEXTER: You know, with what has just been said by the Council
Members, I'm kind of agreeing withI was just saying that what Council
Member Maile David said and Council Member Onishi, and now Council
Member Chung, I'm in agreement with a lot of things that they said where
Council Member Onishi stated how large that group was and how difficult it
might be to bring everyone together. One thing I do agree, like what Council
Member Maile David said, that Council Member Wille should be on, and Council
Member Chung also said that.
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Hawaii County Council-48 August 17,2016
And then I am concerned that we added some other things that maybe should not
be there, that should be somewhat of a discussion amongst that task force. But
not, as how you put it in here, which should be in maybe a bill or something that
comes out of what the task force does. I would hope that—and like what Council
Member Onishi said, about postponing and working on it like we asked Council
Member Paleka to. But, if time is of the essence, that might be a problem too, so,
I'm going to yield at this time until I hear from Council Member Wille so that I
can—because I'm leaning towards supporting this, but are you willing tocan I
ask Council Member Wille what she's willing to do?
CHR KANUHA: Yes.
MS. WILLE: Yeah, I'm willingI sort of wanted to get the containers, the
styrofoam was in there, that it's not excluded. I don't have a problem if we don't
do that, if we were to add me into the original bill. There are a couple other
things that should be added in there, and I think those were two different issues. I
do think at some point I'll go on about the others who are on the committee when
we discuss or what Ianyway, in answer to your specific question, I'm not
wedded to doing it as my amendment if we were to do it—some changes in terms
of Danny's bill.
MS. POINDEXTER: Okay, thank you. So, I'll yield at this time and see what the
further discussion so that I can support something right now, but since we're on
the amendment, I'm going to yield at this time and wait for the resolution to come
up. Thanks.
CHR KANUHA: Mr. Paleka.
MR. PALEKA: Alright, so in regard to the amendment, you know what? I was
going to introduce my own amendment and this was to take care of some of the
concerns about the makeup of this task force. You know, we're taking out the
Department of Labor and Industrial Relations. At this point, the projection is for
18 participants, which 12 have already committed. Now, I think that's a big
thing, you know? If they just, you know, thinking about participating, I'm all
ecstatic. I just want to keep them there, you know? I don't want to keep on
making changes that's going to scare anyone off It took a lot of work to get these
people to even—they're still skeptical, you know? But, this is about—like
moving forward, I respectfully request,please give me the opportunity to take
these stakeholders and we'll discuss the things that we've brought up here, and
within the resolution, and to go specifically to some of the replacements where
we're removing Department of
MS. WILLE: Is this on the amendment?
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Hawaii County Council-48 August 17,2016
MR. PALEKA: Well,just to offer a four-year amendment because I know you
had concerns about composition.
MS. WILLE: Okay.
MR. PALEKA: Remove Department of Labor and Industrial Relations and we
have Department of Business and Economic Development and Tourism. In
regard to our Department of Research and Development, they selected Triple F
Distributing. Our DEM (Department of Environmental Management), yes, did
select Recycle Hawaii. So that there was some concern about balance and I'm
all good with that, you know? I really want to go into this where people are
comfortable. The participants, I want them to believe that we're moving ahead in
the right direction, and like you said, for consideration of bans, of course, it's
probably going to be on the table and be discussed amongst the individuals on the
task force. But, you know, I'm just requesting respectfully, please give me the
opportunity to do this.
Also, so we have Bobby Jean, Environmental Management, Paul Buklarewicz
from Recycle Hawaii, and we have Mr. DeFries here, I mean he could verify
that. we have Megan, we have Mr. Yamada, who've come here, we have Ms.
Larson, and I believe John is in Hilo, Elkjer.
MS. WILLE: I don't think somebody
MR. PALEKA: You know, they've come all this way to listen to us and see
where we're going to go with this thing.
CHR KANUHA: Mr. Paleka, we're still talking about the amendment.
MR. PALEKA: Yeah, I'm sorry. But, I think the amendment that I proposed will
take care of most of those concerns. I hope so.
MS. WILLE: We're not on your amendment. I haven't seen the amendment.
MR. PALEKA: Okay. I'll go get somebody to give you a copy. But,just to your
amendment, I had wanted to propose that amendment, but you did yours, so I just
wanted to say that some of your concerns are addressed in that amendment and of
course, I'm always willing toMargaret, I always listen to you. I'll hear your
concerns. I think you always believe me to be fair and listen. I always listen. I
try to, so I listen to many of your stuff
MS. WILLE: It's hard for me to hear you.
MR. PALEKA: I've listened to many of your proposals and measures, I just ask
that you allow me to do this, please. Thank you.
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Hawaii County Council-48 August 17,2016
CHR KANUHA: Ms. Eoff
MS. EOFF: Question. May I ask Mr. Paleka?
CHR KANUHA: Yes.
MS. EOFF: Danny, did you have that in writing yet?
MR. PALEKA: Nadia's making it right now.
MS. EOFF: Okay, so maybe we could either lay this on the table or somehow
MR. PALEKA: Maybe little bit discussion and then
CHR KANUHA: No, we're still on Margaret's amendment.
MS. EOFF: Right, so I'm saying maybe we should not act on it until we've had a
chance to see an alternative amendment that Mr. Paleka has.
MS. WILLE: I want to respond.
MS. POINDEXTER: Point of clarification. Since we're on this amendment, I
think we have to deal with this amendment until such time that Danny comes up
with an amendment. Whether this amendment goes through and we go back to
the resolution as amended, then can he make another amendment on top of that?
MS. EOFF: Yeah, but it would be really complicated because then the bill would
be different than what he's amending.
CHR KANUHA: Okay, we're going to be working on this amendment first.
Danny has a whole separate issue or a whole separate amendment that possibly
will come through, so we need to be just talking about this.
MS. EOFF: Okay, but I would have to decide whether to vote yes or no on
Ms. Wille's amendment without seeing Mr. Paleka's. Is that right?
CHR KANUHA: Ms. Eoff, if you'd like to make a motion to table this, you may
do so, but in the meantime
MS. EOFF: Well I would leave that to Ms. Wille, but otherwise, we'd have to
deal with this one and it looks like it would go down, I think. I'll yield.
CHR KANUHA: Okay, Council Members—Ms. Wille, I'll let you say
something. Go right ahead.
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Hawaii County Council-48 August 17,2016
MS. WILLE: Okay. I think if we were to split my—the key thing is I think I
should be on the task force, otherwise, I'm going to oppose the whole thing and I
would hope most of you would as well. So—and I don't see that coming from
Danny's amendment.
And let me just say in terms of where we have to move things forward because
there are substantial differences. I got this in writing and I put this in writing so
that we would have something in writing. I don't think there would be as much
problem if we were to say that we were moving it forward as we did the last time,
where there was nothing in writing to see where we were going.
So, I—you know, the main thing is I feel strongly that I should be on it. I would
like to have Molly come up and just, on the point of composition of the—where
he's added administration and in fact, added Molly Stebbins onto this. I think
that, at least accordingI went back and read what Lincoln Ashida said in our
real property task force, and he said that it was inappropriate that they should
work with the group but they should not be on the group. And why would this be
any different?
(Note: At this time, Corporation Counsel Molly Stebbins came forward to
address the members of the Council.)
MS. STEBBINS: Good morning, Corporation Counsel, Molly Stebbins. So, are
you askingI'm not familiar with what the discussion was back when the real
property task force was being formed. Is your question about members of the
administration in general, or specifically, our Corporation Counsel's office?
MS. WILLE: It's all, at least—we formed the real property task force with
members on it and then we had to stop because Lincoln said it really—he had
checked with OIP (Office of Information Practices), or I don't know who, and
that it was a clear potential problem with the Sunshine Law because you would
not be able to discuss any of these types of subject matters outside of the task
force. And you wouldn't be able to be—and so we had to go back and
reformulate it and remove the members of the—like the Finance Committee and
whoever was on there and vote them off And they should not be on it where
they're then restricted to only be discussing those matters as being part of the task
force. So, you would not be able to be consulted. So, that's where we delayed for
six months because of his research on that and heanyway, he didn't force us, he
recommended we shouldn't do that, that they could—staff, if you remember
anyway, Nancy and Lisa, they all participated in but they were not on it so that it
wouldn't, he put it as, you know, under—harm the functioning of their roles,
they're executive roles outside of the task force.
MS. STEBBINS: Okay, well I can certainly go back and take a look at what the
specific question and analysis was in those circumstances. Right now, it seems
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Hawaii County Council-48 August 17,2016
like the function of the task force, this proposed task force, is still being
formulated, and that has a bearing on whether or not it's even subject to the
Sunshine Law. Because it's being formed by resolution, it actually doesn't come
within the definition of a board within the scope of Chapter 92, the Sunshine Law.
So, it may not be subject to the Sunshine Law, okay? There are situations where a
task force or, you know, a board or whatever it's called, is created by resolution.
And because it's given functions that are essentially delegating the functions of a
board that is covered by the Sunshine Law in order to comply with the spirit of
the Sunshine Law, then that task force is also complied with those restrictions.
But, right now, if this is sort of a fact-finding task force, I don't believe that it is
required to follow the Sunshine Law.
MS. WILLE: Okay, as long as she's good, I'm good. I don't have a—it's not
thatI just don't want next week it's that we have to disband this whole thing
because they're included on thein it. So, I don't
MS. STEBBINS: Well, and like I said, because with the language still in the
works, I'm not clear on what the specific functions are going to be. So, whether
or not the Sunshine Law needs to be followed, that's going to somewhat depend
on what functions are assigned to this task force.
MS. WILLE: Right. I think the other thing that needs to be clarified is just what
a quorum is and whether it needs to be clarified that it's a quorum of those
present. Is that the default? Or if not, if we would need to make that point just to
make sure it isn't the default position is that a majority of everyone on it.
Okay, I just know in working on say, democratic party platform, we have many
members, but it was always a majority of those present. So,just in terms of the
legalese, that would be my other question if we need to clarify that point, what is
thein order to make it clear that it's a quorum of those present, whether we need
to have that put in it or if we just make it clear here, that's good enough.
Anyway, that was my one other question for you.
MS. STEBBINS: And I think that's something that could be clarified in the
MS. WILLE: So, I'm open tolet me just say withdraw my amendment and
make itI think I can do what I want just to his bill directly, the key points for
me, if he doesn't have them in his draft amendment right there. So, I will
withdraw my communication since we haven't voted on it, unless there's a
problem with doing that.
Withdraw Comm. 944.14: Ms. Wille announced the withdrawal of Communication 944.14.
CHR KANUHA: Ms. Wille, you've withdrawn Communication 944.14.
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Hawaii County Council-48 August 17,2016
MS. POINDEXTER: Chair, I have a question of
CHR KANUHA: Yeah, I was going to give the floor to Ms. Poindexter here.
MS. WILLE: Okay, go ahead Ms. Poindexter.
CHR KANUHA: Ms. Poindexter.
MS. POINDEXTER: I have a question for our Corporation Counsel. Molly, does
this really have to go through our Counsel to be able to be formed? Can't they
just do a task force? Why does it have to come through Council and we're going
through all of this right now? Can't they just go meet and do a round table and
their own task force and all? Why does it have to come through the Council?
MS. STEBBINS: I mean certainly, there could be a group of people that decide
to meet and brainstorm on this, but my understanding is that Council Member
Paleka's intention is for this task force to be created as an act of the Council.
MS. POINDEXTER: Right, but it doesn't have to be an act of the Council, they
can still get together
MS. STEBBINS: Who is they?
MS. POINDEXTER: Well, whoever. Okay, so say I go into my community and
I call all these people together and we talk about this kind of stuff We put
recommendations to the Environmental Management or to whatever department
my community is talking about, whether, you know, it's something to do with
environmental management, whether it's something to do with roads, or you
know, we have a Hamakua Safety Council. We do road stuff and all that. We put
our proposals into DPW (Department of Public Works) and all. I'm just saying
that, you know, if—because this is real time restricted as well, so I'm saying that
they can create—they can go and do their own task force without having it be a
Council
MS. STEBBINS: Sure. I mean I think there's numerous ways that those types of
collaborative efforts could come about, and this particular effort is a Council
initiated task force. But, I don't disagree with what you're saying.
MS. POINDEXTER: And the reason why I'm bringing that up is because a lot of
times we're trying to crunch stuff and time is of the essence, and it really doesn't
have to be. So, that's my only point. Okay, thank you.
CHR KANUHA: Thank you, Ms. Poindexter. We're still on the main motion,
Council Members.
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Hawaii County Council-48 August 17,2016
MS. STEBBINS: Since I'm up here though, can I add something about the
membership? Because earlier, I wasn't sure if you were asking about members of
the administration in general or—but it is odd to have me as Corporation Counsel,
or anyone from my office, to actually be a member of the task force. If this is a
County—it was created as a County entity, so our role would generally be to
provide legal advice as necessary, rather than—being a member is odd. That
would be, I guess, we'd end up being—wearing two hats and not sure if the intent
was to have our legal support or to actually be a member, but I wanted to clarify.
I don't think it be appropriate for me to be a member.
CHR KANUHA: Thank you, Ms. Stebbins. Okay, Council Members, I'm trying
to figure out our next steps here. It seems like there's a lot of work still to be
done, and I meanI don't know if we're going to move on with the next
amendment or Mr. Eagan.
MR. ILAGAN: Thank you, Mr. Chairman. A quick question to Mr. Paleka.
Mr. Paleka, do you still want to do this?
MR. PALEKA: Yes.
MR. ILAGAN: Mr. Kanuha, I have a question for you too.
CHR KANUHA: Yes.
MR. ILAGAN: Do you want to do this?
CHR KANUHA: I was going to get there at the very end so, I mean, if it's okay
for me to say something.
MR. ILAGAN: Yeah.
CHR KANUHA: I mean, firstly, I respect Mr. Paleka for putting me on this task
force. It's just hard to hear, you know, everybody saying I shouldn't be on this
task force since I really do care about what's happening with this styrofoam bill as
well. And you know, to move on further, I can see the sense that I shouldn't be
on this task force, having respect for Ms. Wille, and I completely agree too. I'm
open to doing whatever the Council decides to do. So, instead ofI don't know
if I'm taking offense for me not being on the task force. It's fine though, because
I just want to move forward with something that we can all agree on, and you
know, I mean I don't want my name being slung around saying I shouldn't be on
this thing. But, not that was the intent, I don't think that was the intent though,
but I'm fine with whatever the Council decides. If Margaret should be on there,
that's great, you know, but we got to make a decision. I can't be coming back
again that I shouldn't be on this task force. Just make a decision, whether it's
Margaret to be on the task force, great. But obviously the next amendment
doesn't have Margaret on the task force, so where do we go from there?
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Hawaii County Council-48 August 17,2016
MR. ILAGAN: Okay, hold on. I'm so
CHR KANUHA: Mr. Eagan, go right ahead.
MR. ILAGAN: Okay, thank you, Mr. Kanuha, for sharing your thoughts and
insight. I wanted to ask Mr. Paleka one last time. After hearing that, Mr. Paleka,
were you thinking of keeping Mr. Kanuha, and would you still want to go
forward?
CHR KANUHA: Did you want to—that was the question for Mr. Paleka?
MR. ILAGAN: Yes.
CHR KANUHA: Mr. Paleka.
MR. PALEKA: I'll explain why I chose Dru and that's because he's going to
move on and carry this forward if we come up with anything. He becomes a
stakeholder himself in this. With all due respect to Margaret, I'm going to take
your input, Margaret, believe me, you know I'm going to do that. But, this is
going in a different direction than a ban at this point. We don't even know. We
need for the individuals, the stakeholders, to interact and talk with each other and
exchange information and ideas. They might not even like what we're trying to
do, but it's in our plan. The EPR (Extended Producer Responsibility) has pages
of it, you know, to be part of this. It's a recommendation for extended producer
responsibility. It works in another-250 organizations throughout the world.
MR. ILAGAN: Okay, Mr. Paleka. Okay, so you bring up actually, a good point
that I never even thought of. Right now, the task force actually, before I even
go there, yes, this is initiated by the Council. The fact that we're all going to vote
on this, this is going to be initiated by the Council, this task force, compared to
let's say, Council Member Dru and Council Member Paleka decide to meet on
their own and invite all the different organizations. I don't think that breaks any
Sunshine because of the fact that it's only those two. Once other Council
Members get involved, then you got violations, but that task force is only a two
Council Member initiated task force. There was no vote by the whole majority of
this Council. So, the reason why they're going through this way is to make it a
Council-initiated task force, having the voice of the whole island rather than
having the voice of two districts on this issue.
Now,just hearing what Council Member Paleka said about him leaving and then
Dru is going to stay for the next term, that does bring life to this task force.
Otherwise, if Wille and Paleka were to be in it, they're term will end of
December fifth and this past knowledge would carry on to them if the task force is
not finished, and if it wasn't submitted on record for the Council and accepted.
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Hawaii County Council-48 August 17,2016
Other than that, I am going to, which I trust both these Council Members,
Mr. Kanuha and Mr. Paleka, and I will support them on the main bill in keeping
them in the task force, and that's where my vote's going to lie. Thank you.
CHR KANUHA: Mr. Chung.
MR. CHUNG: This is on the main motion, right?
CHR KANUHA: Yes.
MR. CHUNG: And you know, I say this with all due respect to the maker, and
Ms. Wille, and whoever else. You know, if this discussion is any indication of
how this task force is going to operate, then no way they're going to finish by the
beginning of December. I don't know how come we're taking so long on this
discussion, quite frankly. But, at the same time, you know, if Mr. Paleka feels so
committed towards this, and you know, during the last go-around, he said that
he's never failed and he wants to be given the chance and certainly, I'm more than
happy to give him the chance. But, I got to tell you, I don't know how this thing
is going to turn out.
I mean first of all, I'd like to know how are we going to determine whether it was
a success or a failure? I have no idea. But if you guys want to go ahead and do it,
I shall give you guys my vote.
You know, I said earlier that I have no problem with Margaret being on this, and
I'm sure, based on what I've heard from the Chairman, you know, he's willing to
step aside as well. I'm kind of confused by the rationale, you know, that's been
offered by Mr. Paleka, with regard to why Mr. Kanuha was in there because this
membership line up was drafted prior to the election. So before that, nobody
knew who was going to be here and who wasn't going to be here. But, I'll vote
for this thing and all I do is I hope for the best. Thank you.
CHR KANUHA: Ms. Poindexter.
MS. POINDEXTER: As I said from the very beginning, I'm not going to support
this unless Council Member Wille is on it because she brought this subject and
this issue. I'm going to say this again, from the first time I've said it, I would
hope our Council Chair will have the decency to respect that and put Margaret
Wille on this and I believe that even if they're out of office, this is not the last that
you're going to see them on this Council. Ms. Wille has been very active with the
Hawaii County Council and all the things that we did, and not only at the Council
level, but even at commission levels, that I've been on a commission that she was
very active. So, she's a very strong force in her community. So, that's not going
to stop her from, you know, continuing her passion for this issue. So, that's
where I stand. I will not support it the way it is. Thank you.
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Hawaii County Council-48 August 17,2016
CHR KANUHA: Ms. Wille.
MR. ONISHL Mr. Chair?
MS. WILLE: I think I'm next.
CHR KANUHA: Okay, I think we've had enough discussion on the main
motion.
MS. WILLE: I haven't had a chance to speak.
CHR KANUHA: You were one of the first people to speak on the main motion,
Ms. Wille.
MS. WILLE: Well, I should be able to answer.
CHR KANUHA: Okay, it's twelve o'clock, I think it's time to take a recess and
we can discuss this in an hour.
MR. ONISHL Mr. Chair?
CHR KANUHA: Mr. Onishi, I will come back in an hour. We've had some
it's twelve o'clock.
MR. ONISHL You know why? I wanted to call for the question on the main
motion.
MS. WILLE: I asked to speak before that.
CHR KANUHA: I'm going to take a recess. We'll come back at one o'clock, so
we are now in recess.
Recess: At 12:08 p.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 1:10 p.m.
CHR KANUHA: Okay, we are coming out of recess, and currently, for
everyone's information, we are on the main motion, which is 565-16, draft two. I
want to thank you guys all for being patient,just needed a little time to reassess
what's going on and how to move forward. So, I think how weI'm not going to
ask the Council how to move forward, but I think one of the better ideas of how
we move forward is, you know, to really recommend that Ms. Wille be on the task
force, if that's where we're going forward. I think from there, we can assess all
the differences in where this resolution—what needs to be on the task force. I
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Hawaii County Council-48 August 17,2016
think that's, to me, I think that's the best way to handle how to move forward.
I'm not going to urge you guys to do that, I just feel that's the best way. So, from
there, I'll open it up on the floor.
I know we've had a lot of discussion about what should and what shouldn't be on
there, what can and what can't be on there. I think this is a task force that is
bringing the melting of the minds together. I think that's a great thing, and
Council Members, I respect all of you guys' decisions on how we move forward,
but I think for myself, I feel that if this thing will go forward, that Ms. Wille
should be on the task force. So, I'm going to say that. That's my point.
Point of Order: MS. WILLE: Point of order. How would we best implement that? Do I do an
oral—what's the simplest fashion?
CHR KANUHA: I don't know. Mr. Clerk, if there's any way of how we can
move forward with this. I do want to hear from yourself, Ms. Wille, and
Mr. Paleka on the statement that I just said. I know you already stated your
position on that, maybe I can ask Mr. Paleka to speak on that behalf. I don't
know exactly how we move forward on the amendments to take
MS. WILLE: If you want to ask him first, but I think I should be able to say
something.
CHR KANUHA: Yeah.
MS. WILLE: Okay, go ahead.
CHR KANUHA: Ms. Wille. Mr. Paleka. Okay, did you have anything to say?
Ms. Wille.
MS. WILLE: Yeah, I do. I agree that I should be on it. This was basically the
whole issue that I brought forward and otherwise, both of the two of you voted
opposition and spoke in opposition on Bill 140 at one point or another, and I think
it's appropriate. So, I appreciate that you're recommending this and I'd like to
make an oral motion just to strike your name and put in my name for whatever.
Either way it's appropriate, but I think that it's clear. It doesn't need to be written
out to make—change those two words, so I make that motion at this time.
CHR KANUHA: Ms. Wille, it's a pretty substantial change to the main motion.
I mean I think as the Clerk goes, and as the process moves forward, I know it's
pretty easy,just change the name out, Dru to Ms. Wille, but I think we've
because it's not just a typographical error, it might need to be in writing.
MS. WILLE: We do this all the time where it's clear cut.
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Hawaii County Council-48 August 17,2016
CHR KANUHA: Mr. Clerk, can I have an opinion please?
MR. HENRICKS: Yeah, the rules are clear. Anything more than an obvious
typographical error, if there's to be aexcuse me?
MS. WILLE: We put in writing?
MR. HENRICKS: Correct.
MS. WILLE: Okay, so we'll put it in writing.
MS. POINDEXTER: I second the motion.
CHR KANUHA: Well, that's not a motion.
MR. ONISHL There's no motion. Mr. Chair?
CHR KANUHA: Mr. Onishi.
MR. ONISHL Yeah, you know, I had asked to talk before we went to lunch.
CHR KANUHA: Yeah.
MR. ONISHL Okay, so, you know
CHR KANUHA: Go right ahead, Mr. Onishi.
MR. ONISHL Thank you, Mr. Chair. You know, we got to stop talking about,
oh yeah, that the vote was this. This task force is the one that's going to make it,
what's the best for this island and it doesn't matter who's on the task force. The
main thing is we have the different parties at the table to discuss what's the future
of plastic bags or plastic containers, or styrofoam containers, or whatever. It
doesn't matter who's there.
Like, you know, Mr. Paleka had mentioned earlier, like if Mr. Kanuha is on there,
then this looks like—as Mr. Chung had mentioned, look how long we, as a nine-
member Council, took to make a decision, and we're not even finished yet. This
is going to have to go to next month again. And so, if you have this task force of
like, I don't know, 18 people, you think they're going to be able to do things
within two months? This is going to be prolonged, so if we have a Council
Member who's going to be here next term, at least we're going to have someone
who can guide this task force to continue on. Or, if the task force does finish
before December, the legislation will be taken upon in the next Council, and so,
with Mr. Kanuha there, at least he will have information for the new members and
being on the task force, have all this information.
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Hawaii County Council-48 August 17,2016
So, to me, we just keep it the same because we have to move forward. We got to
get this done if we want to meet the deadlines. But if you guys are not worried
about the deadline and just want to be on there for show, then continue your
discussion. I yield.
CHR KANUHA: Ms. Wille.
MS. WILLE: I think that Mr. Paleka has another amendment and go through and
if he does that, I can half draft it up to make this change and we can suspend the
rules so that it goes forward. I think everybody can understand what the
difference is between having my name and Dru's name enough to have itI think
everything else is basically the other changes that are being made by
Mr. Paleka are more refining who's on it and not really substantive issues.
Anyway, so on that point, if there's another fuller discussion on the bill and
whether we do it or not, I would like to be able to speak to that, but I'll yield and
just sort of stay on this point that we move forward.
CHR KANUHA: Mr. Chung.
MR. CHUNG: Thank you. Yeah, I agree with Ms. Wille. Actually, I think we
can suspend the rules, have her name inserted in place of you, Mr. Chairman, if
you don't mind, and then we can move this thing along as fast as possible.
You know, I wanted to make a comment why I think it's good to have Ms. Wille
in there, and I certainly understand and respect the statements of the introducer,
Mr. Paleka, but let's look at this thing realistically. If we don't do anything right
now, if I just use my own common sense and you know, whatever political
wisdom I may or may not have, Bill 140 has a really good chance of passing next
term. A very good chance, okay? Ms. Wille might not be here, but I think, you
know, when I just kind of add things up, it looks like it has a chance. So, if
Ms. Wille is on this task force—and you know, Ms. Wille has proven over time,
to be able to listen to concerns. If she, as the champion of Bill 140, is able to
listen now to the pleas of many of the food vendors, and is able to now frame
something maybe a little less onerous than what Bill 140 had provided, that would
be a strong statement going forward. That's why I think it's not where she's
going to be kind of clashing with everyone. I think, you know, I'm against this
ban, right? I think it's valuable to have her in there quite frankly. That's my
position so I'm going to support this. Thank you.
CHR KANUHA: Ms. Poindexter.
MS. POINDEXTER: Yeah, and her being on there, I really believe is not for
show. This is basically having balance and equality on that task force, and the
public's perception is everything, a lot of times. And the way it stands now, it is
perceived to be a little bit heavy on one side, so, you know, with no disrespect to
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Hawaii County Council-48 August 17,2016
Council Member Onishi, I don't think it's for show. So, as long as Council
Member Wille is on there, like I said, I will then support the resolution. Thank
you.
CHR KANUHA: Mr. Eagan.
MR. ILAGAN: Thank you, Mr. Chairman. I disagree with some of the
comments regarding it being balanced, but I do understand that this is not going to
go anywhere if we're trying to figure out who's going to be on the task force.
I've heard what Council Member Kanuha said and I respect his decision in that
sense. I will support Ms. Wille on this task force because I want to see something
moving, and I know that this—the reason for this task force is to really look into
our waste management, because styrofoam is one of many wastes that are out
there. There's a whole bunch of other things that we need to make sure gets done.
So, I'm glad that you two are wanting to take this on, and I wish you guys the best
of luck, and I support the suspension of the rules. I believe we can suspend the
rules and make a verbal amendment, and that should suffice, and you got my
support. Thank you.
CHR KANUHA: Ms. David.
MS. DAVID: Mahalo, Chair. And likewise, I would just want to express my
support for having Margaret's name placed on this task force and I fully support
that. Thank you.
CHR KANUHA: Mr. Paleka.
MR. PALEKA: I thought I was speaking loud enough this time. But anyway,
okay, Mr. Yamada, please, if you will.
(Note: At this time, Dexter Yamada came forward to address the
members of the Council.)
CHR KANUHA: You may ask some questions and you can introduce yourself.
MR. PALEKA: Yeah, please introduce yourself for the record.
MR. YAMADA: I'm Dexter Yamada, with KYD (K. Yamada Distributors).
MR. PALEKA: Again, Mr. Yamada, thank you for being here today. I just have
one simple question. You know, I'm really not opposed to Margaret being on the
task force. My view was that someone should have been on that can take it
forward, but, you know, if I guess we have enough information that they can—or
perhaps give updates to our colleagues. But, if Margaret is on the task force,
would that be a deal breaker for yourself, or can we do it?
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Hawaii County Council-48 August 17,2016
MR. YAMADA: Well, I don't feel that, you know, her presence on what she
knows, I mean it's vital that what she has learned, but then again, when we talk
about styrofoam and polystyrene, and that it's toxic and all this kind of stuff, I
know that it's not true. So, you know, I mean, where are you going with this?
You're telling me we're making products in our plant that are toxic? I wouldn't
let our workers, you know, be exposed to that. So, you know, the thought of her
being straight forward and going to help the task force, I don't think that's a
positive.
MR. PALEKA: I don't know what kind of reassurances I can make, being that I
would be the Chair. I know where I would like to see the conversation, but really,
it's part of the task force too, yeah? You know, the unfortunate thing is I don't
want this thing to die because of selection. I finally have all the stakeholders at
the table. I did a lot of work on this thing to get them to come together. I can
appreciate Margaret's concerns and wanting to be a part of it, but, you know, it's
kind of going in a different direction. But like I said, I'm not opposed to it.
Mr. Yamada, can we work together? I mean having Margaret on there.
MR. YAMADA: Well, you know, the feeling that I have is she wants to push the
ban through and I'm fully against the ban.
MR. PALEKA: Yeah, I mean that—of course it's going to be, I believe it's going
to be part of the conversation, but also waste to energy. Not accepting
recyclables, you know, in the landfill, that's all part of the plan and I don't want it
to dominate the conversation, a ban, because there'sI mean, when you look at
the ban, it's solely on one part, ban single use disposable products from public
events and festivals, and as many other places as possible. And that's only for
single use.
What I first seen with this task force is a broader scope where we can also attach
this initiative to how we had discussions, to the insulation, to all the providers, to
all the materials, to all our packaging materials. I mean, I wish you didn't smirk
because then it doesn't—it's an honest effort on my part. I've seen it happen in
Germany. I used to sortas part of it, you know?
I don't want to lose any of my stakeholders, but if I can reassure you,
Mr. Yamada, I will try and keep this in a direction that I believe all the
stakeholders will want to go, to environmental, to the agencies, and the producers,
because I believe we need to address this. So please, I hope if we have to include
Ms. Wille, I hope you still participate. Please.
MR. YAMADA: Well, I'm going to participate regardless.
MR. PALEKA: Thank you. Okay.
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Hawaii County Council-48 August 17,2016
CHR KANUHA: Mr. Paleka, did you want to introduce your amendment and
then we can go from there and put Ms. Wille on the ?
MR. ONISHL Mr. Chair, before we
CHR KANUHA: Did you have a point of order, Mr. Onishi?
MR. ONISHL Before we do a motion, can I talk about the main motion? Before
we do the amendment?
CHR KANUHA: Okay, I'm just trying to move it forward because we have been
talking about this for a long time and we can see the differences. The main
differences I see is just who's going to be on the task force. But I will say, you
know, I'll go through one more round of the main motion but we really need to
move this forward. So, I'll go throughI got you on the last, this previous,
Mr. Onishi, we have a couple of members who haven't spoken yet on the first
round. So, I'll come back to you, okay?
MR. ONISHL Okay.
CHR KANUHA: Thank you. Ms. Eoff
MS. EOFF: Thank you. Of course, I do support adding Margaret Wille.
Ms. Stebbins also mentioned that Corporation Counsel should not be there, so I'm
assuming that one will come off I'm not sure if all the rest of the changes in the
first Communication 944.15 are pretty set, but you know, I'll support the task
force with these changes however, I'm kind of not feeling that positive about it. I
know it's a passionate plea from Mr. Paleka to go forward with it, and I think the
ideals of it are sound and important to discuss, but I'm just wondering, I mean,
December second is going to come up really quick and then I guess there's a
provision for extending it for another year. So, I guess after that, maybe the task
force would have to reassess if the membership will have to be adjusted or there
may not be a Council Member on it for theirI don't if that would be a problem.
But yeah, it's such a broad agenda that's mentioned in the resolution now. It does
change from the original intent of Bill 140 as a simple, one step this island could
take in the direction of lessening its impact on the environment. But, now it's
changing to a differentI mean this task force changes that initiative into a much
broader look at all packaging, and like you just mentioned, insulation, everything.
I mean, you know, you're—and I know that's what you had stated during a
discussion too, at one of the Council meetings, that why don't we just ban
everything styrofoam from coming in here. I think I said at that time that would
nice if we could do something, but that's just not really logical or doable, so that's
why I was supporting the one step that was contained in Bill 140.
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Hawaii County Council-48 August 17,2016
So, I mean I want to support you, Danny, and I want to support this task force.
I'm sure there will be great discussion to come out of it, and I hope that can
provide insight on what our island will be able to do moving forward. At the
same time, I think it's going to be important when we do start to meet that things
really come into focus, otherwise, you'll be all over the place. I think, there's so
many different things to think about here. So, I guess I just wanted to state that
and thank you for considering adding Margaret and taking Ms. Stebbins out so
that we can at least have that taken care of.
CHR KANUHA: Point of order, Ms. Wille?
MS. WILLE: I can have Dave do an amendment immediately, take five minutes
to the current draft, or if we could do it orally or Danny does it as part of his
amendment. I just want to know. Dave said he can have it ready in five minutes,
but I didn't know whether we were amending the main motion or I would be
amending. If we hurry up and go ahead with Paleka's draft, get that through, then
I would just amend his draft number three. So, I just want to knowI don't want
to tell Dave something and then
CHR KANUHA: Thank you, I'm just trying to see what's in the works right
now, if there is an amendment being proposed, different from what Mr. Paleka
has on the table that hasn't been introduced yet. But if we do go through with
Mr. Paleka's amendment, we can, you know, what's it called? Amend that
through a rule
MS. WILLE: By the time we get that done, I think Dave will have it in writing if
you want it in writing.
CHR KANUHA: Okay, I don't know, Mr. Paleka, if you have anything in mind.
MR. PALEKA: I mean this is my measure, right? Okay, thank you.
MS. WILLE: Right, so that's why I'm asking.
MR. PALEKA: So, it's already being done. I'm going to be withdrawing the
first amendment.
CHR KANUHA: Well, this isn't on the table at the moment, so we're still on the
main motion.
MR. PALEKA: Okay, so on the main motion, I would request that you move
forward. We've made the changes, maybe we can table this item for now, you
could take a look at the draft, the second or third or fourth draft to appease our
detractors and then we can go from there. How's that?
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Hawaii County Council-48 August 17,2016
CHR KANUHA: Okay, I think, Council Members, we're waiting on proposed
amendments to the main motion with Ms. Wille on there, with Ms. Stebbins out
of there, I think that's what I'm hearing. The proposals that haven't been brought
forward but we do have on our desk, that will be coming shortly, so we're still on
the main motion. I know there's a few more members that wanted to talk, so I'll
let them talk and we can wait several minutes on those and keep moving forward.
So, the next person was Ms. Poindexter. Mr. Onishi.
MR. ONISHL Thank you, Mr. Chair. Can I ask a question to Mr. Paleka?
CHR KANUHA: Yes, go right ahead.
MR. ONISHL Mr. Paleka?
MR. PALEKA: Yes, sir.
MR. ONISHL Would you consider just doing this task force on your own and not
being a Council initiative?
MR. PALEKA: You know
MR. ONISHL You have everybody together like you said, right?
MR. PALEKA: Yeah. You know, we've gone through this exercise. I just want
to move forward. I think we made—we negotiated something that's a
compromise for everyone. I have the stakeholders still hanging on, so you know,
Fresh, I think I want to move forward with this, please.
MR. ONISHL Okay, so maybe part of your amendment should be talked about.
You guys should talk about our composting because in this resolution, in the
whereas, there's nothing mentioned about the composting. So to me, that should
be put in so that—because we are investing over $10 million for a composting
facility. So that should be part of the discussion.
MR. PALEKA: Can I answer?
CHR KANUHA: Mr. Onishi, was that a question or a statement?
MR. ONISHL It could be a question because I don't see it in this draft two.
MR. PALEKA: You could have it in the first whereas, the "reuse, recycle, and
recovery of packaging products . . .... Actually, it's part of that composting part in
section three, and recyclability, reusable, returnable, compostable products in the
fifth whereas.
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Hawaii County Council-48 August 17,2016
MR. ONISHL Okay, well hopefully, all the task force members know all that, or
if you folks are going to also brief them before you folks start your meetings on
everything like you mentioned. So, that way, everything is out on the table.
MR. PALEKA: I hear you and you know, we've had discussions regarding that
and all those things can be considered, even the waste to energy because that's
another part of—if it's not recyclable or not recoverable, then that's another
option to be considered. I mean these are experts in the field. That's what they
do, you know? So, when we talk about the materials, these guys do it every day
and they know what the materials take to convert or burn or reuse. For
compostables, I'm sure John Elkjer has a lot of ideas too. When I spoke to him
on compostables and, you know, the
MR. ONISHL Okay, I yield. Thank you.
MR. PALEKA: Thank you.
CHR KANUHA: Thank you, Mr. Onishi. Okay, we are waiting on the
amendment to this, so I think we're going to have to table this to move forward
with the agenda.
Vote on Motion to Ms. David moved to table Res. 565-16, Draft 2 to the end
Table: of the agenda. Seconded by Ms. Poindexter and 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: Resolution 565 has been tabled. Okay, Mr. Clerk, if we could,
go to the fourth item on thesorry, the second item on the agenda.
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Hawaii County Council-48 August 17,2016
Res. 569-16: 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
HAWAII LGBT LEGACY FOUNDATION FOR REIMBURSEMENT OF
EXPENSES RELATED TO THE 4TH ANNUAL LGBT PRIDE PARADE AND
FESTIVAL
Transfers $1,280 from the Clerk-Council Services —Contingency Relief account
(Council District 5); and credits to the Parks and Recreation, Administration
Other Current Expenses account.
Reference: Comm. 954
Intr. by: Mr. Paleka
Motion to Approve: Mr. Paleka moved to adopt Res. 569-16. Seconded by
Ms. David.
CHR KANUHA: Mr. Paleka.
MR. PALEKA: You know, this is one of the organizations that I like to support
and I know they can use it. They had a great time. Unfortunately, I wasn't able
to attend, but I've seen some of the videos of the event and it looked like fun, and
I wish I did go. But anyway, I just ask for your support. Mahalo.
CHR KANUHA: Thank you, Mr. Paleka. Is there any other discussion? Okay,
hearing or seeing none, all in favor of the motion to approve say "aye."
Vote on Res. 569-16: The motion to adopt Res. 569-16 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: Mr. Clerk, next item.
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Hawaii County Council-48 August 17,2016
Res. 571-16: 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 SUMMIT
Transfers $1,000 from the Clerk-Council Services —Contingency Relief account
(Council District 2); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 956
Intr. by: Mr. Chung
Motion to Approve: Mr. Chung moved to adopt Res. 571-16. Seconded by
Ms. David.
CHR KANUHA: Mr. Chung.
MR. CHUNG: I'm actually the last guy, I think, providing funds for this. First
Ms. Eoff has something. You know,just for the sake of full disclosure, this is a
real minor point, but I just found out my wife is going to attend this thing. It's no
conflict, right? Okay, thank you.
CHR KANUHA: Thank you, Mr. Chung. Is there any other discussion? Hearing
or seeing none, all in favor of the motion to approve say "aye."
Vote on Res. 571-16: The motion to adopt Res. 571-16 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-48 August 17,2016
Res. 572-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT FOR MATERIALS AND SUPPLIES TO
BUILD AN ENCLOSED DOG PARK AT KAMAKOA NUI PARK IN
WAIKOLOA VILLAGE
Transfers $6,500 from the Clerk-Council Services —Contingency Relief account
(Council District 9); and credits to the Parks and Recreation, Maintenance Other
Current Expenses account.
Reference: Comm. 957
Intr. by: Ms. Wille
Motion to Approve: Ms. Wille moved to adopt Res. 572-16. Seconded by
Mr. Paleka.
CHR KANUHA: Ms. Wille, go right ahead.
MS. WILLE: Okay, I think you heard David Houser comment. There's a lot of
people in the community that are happy and there's a lot of people that play ball
that are very happy because now they're fenced-in ball park is not going to be
taken up by sometimes dogs go in there. Anyway, I urge your support.
CHR KANUHA: Thank you, Ms. Wille. Council Members, any other
discussion? Okay, hearing or seeing none, all in favor of the motion to approve
say "aye."
Vote on Res. 572-16: The motion to adopt Res. 572-16 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 see we did get the amendment. I'm
assuming that everyone has read it so I think it's safe to say that we can take this
off the table.
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Hawaii County Council-48 August 17,2016
Vote on Motion to Ms. David moved to remove Res. 565-16, Draft 2 from the
Remove from Table: table. Seconded by Mr. Paleka and carried by the following
(Approved) 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: So now, Council Members, we're currently on Res. 565-16,
Draft two. I will give the floor to Mr. Paleka.
Motion to Amend: Mr. Paleka moved to amend Res. 565-16, Draft 2,with the
contents of Comm. 944.16. Seconded by Ms. Wille.
CHR KANUHA: Mr. Paleka.
MR. PALEKA: I just ask for your approval.
CHR KANUHA: Ms. Wille.
MS. WILLE: I just want to say that I see this as a bigger subject than just sort of
the ban on polystyrene, and that's why I agreed I was taking that out. There's a
lot more to do, so I just wanted to be clear. I continue to support it, but I'm not,
you know, hung up on like that's the focus. I see this focus is bigger. Thank
you.
CHR KANUHA: Mr. Onishi.
MR. ONISHL Thank you, Mr. Chair. You know, can I get ? Is Molly there?
CHR KANUHA: Yeah, she's coming up to the table.
MR. ONISHL Okay, thank you.
(Note: At this time, Corporation Counsel Molly Stebbins came forward
to address the members of the Council.)
MS. STEBBINS: Good afternoon, Corporation Counsel Molly Stebbins.
MR. ONISHL Hi Molly, good afternoon. You know, I kind of got to echo what
Ms. Wille had mentioned earlier because when we did the property tax task
force, if I'm not mistaken, like what Ms. Wille had mentioned, the department
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Hawaii County Council-48 August 17,2016
heads couldn't be on the task force because of the reason that she stated. They
wouldn't be able to do comments or something like that but so, it's stillso my
question is, if we pass this and there's Bobby Jean and there's also John, and
then you, as Corporation Counsel, find out that they're not supposed to be on it,
what happens?
MS. STEBBINS: Okay, I'm not sure what you mean if I find out they're not
supposed to be on it.
MR. ONISHL Well, getting information like what we were you know, and I
think what Ms. Wille was correct is that when we organized the task force for the
property tax, like the Finance Director, the Property Tax Manager, they all
couldn't be, but that's why we had, what was? Three members from the public,
and Ms. Wille and myself, but the department was there to help guide us or to
give us information, and maybe Ms. Wille can add on to that. Was that correct,
Ms. Wille?
MS. WILLE: Yes, it is. I think though, what Ms. Stebbins is saying is she
doesn't feel that this is technically a board under the Charter and therefore, we
can slide on this one in this case. And otherwise, I think they just drop off, you
know? Big deal, we move forward. We're not measuring who's on what side,
we're getting information and sharing information so they resign. You know,
bad things happen.
MR. ONISHL You know why I ask? And thank you, Ms. Wille. I say that too
is because to me, environmental management would be one of the key
components to, I guess, moving this information that the task force comes up
with for the Hawaii County. So, I don't know, you know, how this can be
worked out. So, Molly, were you going to do some research, like you mentioned
you were going to do some research on what Lincoln had made comments about,
right? Or his opinion.
MS. STEBBINS: Yeah, I mean I can look at that. I don't, you know, we're
talking about two different task forces with different functions. And Iin
looking at what this task force is created to do, I think it's more of a fact-finding
body that, in my interpretation, this does not come within the definition of a
board or commission as defined under the Sunshine Law, because it's created
just by Council resolution. So, although the task force could opt to do so, I don't
believe it's technically subject to the Sunshine Law.
MR. ONISHL Okay, so you're saying that task force will not have to abide by
the Sunshine Law?
MS. STEBBINS: That's what I'm saying, yes.
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Hawaii County Council-48 August 17,2016
MR. ONISHL When we did the property tax one, the task force, we had to abide
by the Sunshine Law.
MS. STEBBINS: Okay.
MR. ONISHL So, what would be the difference? Because at the property tax
one, the Council created that task force.
MS. STEBBINS: Okay, well the Sunshine Law defines a board as a body that's
created by constitutions, statute, executive order. It specifically excludes created
by legislative action like a resolution. So, this task force does not fall within the
definition of a board under the Sunshine Law. I don't know the specific reason
why the real property tax task force was determined to be subject to the Sunshine
Law.
MR. ONISHL Okay, Mr. Chair, I yield. Thank you.
CHR KANUHA: Thank you, Mr. Onishi. Anybody else on the amendment?
Okay, I think we can vote on this right now. All in favor of the motion to
approve amending 565, Draft two, with the contents of Communication 944.16
say "aye."
Vote on Motion to The motion to amend Res. 565-16, Draft 2, with the
Amend: contents of Comm. 944.16 was carried by the following
(Approved) 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. So, Mr. Clerk, we're now on the main motion
as amended. At this point, is it automatically held over to the next Council
meeting? Yes, unless there is a rule suspension?
Motion to Suspend Mr. Paleka moved to suspend Council Rule 24 to waive the
Council Rules: holdover for the amendment of Res. 565-16, Draft 3. Seconded
by Ms. David.
MR. ONISHI: Mr.
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Hawaii County Council-48 August 17,2016
CHR KANUHA: Mr. Onishi, there's no discussion on the motion to suspend the
rules, so sorry, I can't let you speak, but we can talk about this afterwards so that
we can—this is just on the rule suspension.
MR. ONISHL Okay.
CHR KANUHA: Thank you. All in favor of the motion to suspend the rules, so
that we can vote and debate about this today say "aye."
Vote on Motion to The motion to suspend Council Rule 24 to waive the
Suspend Council holdover for the amendment of Res. 565-16, Draft 3 was
Rules: carried by the following voice vote:
(Approved)
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. So now,just for the public's information,
usually when we make significant amendments to anything on Council, and if it's
last reading, we'd have to hold this bill or this resolution over to the next Council
meeting. To hear it today and to debate about it today, we had to suspend our
rules so that we can talk about it today. So,just for the information, if anybody's
confused about what's going on, that's what we're doing right now. Okay, on the
main motion as amended. Mr. Paleka.
MR. PALEKA: I just would hope for your support. I look forward to working on
this with Margaret and our stakeholders, and let's do it. Thank you very much.
CHR KANUHA: Thank you. Mr. Onishi, I'll come back to you, I'm going to
give it to Ms. Wille really quickly.
MS. WILLE: Yeah, I urge your support and the one question I just want to bring
up to Molly, that if we need clarification moving this forward, is asked to quorum,
if we need to put in—make it clear that quorum is based on the number of
members present at a meeting, whether it's by phone or videoconferencing, and if
that isn't necessarily clear, I'd like to know that so we can make an amendment at
the Council level.
MS. STEBBINS: I think that's probably something that the task force can clarify,
if they're going to adopt rules of practice and procedure, they can put the quorum
matter in there.
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Hawaii County Council-48 August 17,2016
MS. WILLE: Okay, that's allI just want to make sure we don't have anything
that's—slows us down on this and I think that one thing that's good is there are
things right in our integrated management policy that we can get out to people
who are on it and educate—and I also want to say that I was one of the chairs of
some of the democratic party platforms and we had like 38 members and we
handled it really well. And it was a really short time frame. So, if you have
people who are motivated, if there's more than one thing there, we might have to
limit it down, but I don't—you know, I think time is just what level of
commitment you make to do it. So, there's no harm in moving the conversation
forward. How far we get? We'll see about that. So, thank you and thank you,
Danny, for putting it on yours and thank you, Dru, for deferring to me.
CHR KANUHA: Thank you, Ms. Wille. Mr. Onishi.
MR. ONISHL You know, I just want to say that when we heard this the last time
and we had that substantial amendment, we were told that we needed to hold it
over and now, today, we do another one, and now we're saying we can suspend
the rules. So, you know, we could have suspended the rules the last meeting and
got this done already and then moving it forward,but I guess we need to be more
consistent on options that we have. So, I just wanted to mention that. Thank you.
CHR KANUHA: Thank you, Mr. Onishi. Yeah, we did, you know, Council
Members did have the option to suspend the rules if they wanted to, but I
appreciate what you're saying, Mr. Onishi. Council Members, any other
discussion on the main motion as amended? Okay, I'll just briefly say that I'm
glad we got through this. I appreciate everybody's concern and I'm glad we can
all make this come to a compromise and I do appreciate you both being on the
task force. I'm looking forward to seeing what can come out of it. So, thank you
everyone for being patient. I think we can go to the vote now, Mr. Clerk. All in
favor of the motion to approve Resolution 565, Draft two as amended say "aye."
Vote on Res. 565-16: The motion to adopt Res. 565-16, as amended to Draft 3,
Draft 3 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: Okay, thank you. Mr. Clerk, if we can go down the agenda to
the next resolution.
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Hawaii County Council-48 August 17,2016
Res. 573-16: 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 $2,000 from the Clerk-Council Services —Contingency Relief account
(Council District 8); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 958
Intr. by: Ms. Eoff
Motion to Approve: Ms. Eoff moved to adopt Res. 573-16. Seconded by
Ms. David.
CHR KANUHA: Ms. Eoff
MS. EOFF: I'm happy to lend my support to the Women's Leadership Summit
along with everybody else it. I attended, or I hope to be able to attend, and I just
urge your support.
CHR KANUHA: Thank you, any other discussion? Hearing or seeing none, all
in favor of the motion to approve say "aye."
Vote on Res. 573-16: The motion to adopt Res. 573-16 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-48 August 17,2016
Res. 574-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BOYS AND
GIRLS CLUB OF THE BIG ISLAND FOR OPERATING EXPENSES AT THE
PAHOA CLUBHOUSE
Transfers $7,500 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. 959
Intr. by: Mr. Eagan
Motion to Approve: Mr. Eagan moved to adopt Res. 574-16. Seconded by
Mr. Paleka.
CHR KANUHA: Mr. Eagan.
MR. ILAGAN: Thank you, Mr. Chairman, I just ask for your support, Council, in
passing this contingency fund. Thank you.
CHR KANUHA: Thank you, Mr. Eagan. Any other discussion? Hearing or
seeing none, all in favor of the motion to approve say "aye."
Vote on Res. 574-16: The motion to adopt Res. 574-16 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha—9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Next item.
Page 45
Hawaii County Council-48 August 17,2016
Res. 575-16: 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
HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL TO
PURCHASE CITRIC ACID TO HELP CONTROL COQUI FROGS IN
COUNCIL DISTRICT 2
Transfers $3,500 from the Clerk-Council Services —Contingency Relief account
(Council District 2); and credits to the Research and Development, Agriculture
Other Current Expenses account.
Reference: Comm. 960
Intr. by: Mr. Chung
Motion to Approve: Mr. Chung moved to adopt Res. 575-16. Seconded by
Ms. David.
CHR KANUHA: Mr. Chung.
MR. CHUNG: Yeah, you know, this was a program initiated by my predecessor,
J Yoshimoto, and I just wanted to continue it. It's proven successful, we've
gotten a lot of community involvement, and although I paired the amount down
from $5,000 to $3,500 this year,just based on historic data. So, I ask for your
support. Thank you.
CHR KANUHA: Thank you, Mr. Chung, any other discussion? Hearing or
seeing none, all in favor of the motion to approve say "aye."
Vote on Res. 575-16: The motion to adopt Res. 575-16 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-48 August 17,2016
Res. 576-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO
MALAMA O PUNA FOR THE PAHOA VILLAGE BEAUTIFICATION
PROJECT
Transfers $5,000 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. 961
Intr. by: Mr. Eagan
Motion to Approve: Mr. Eagan moved to adopt Res. 576-16. Seconded by
Mr. Paleka.
CHR KANUHA: Mr. Eagan.
MR. ILAGAN: Thank you, Mr. Chairman. Again, Council, I ask for your
support for passage of Resolution 576, thank you.
CHR KANUHA: Thank you very much, any other discussion? Hearing or
seeing none, all in favor of the motion to approve say "aye."
Vote on Res. 576-16: The motion to adopt Res. 576-16 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha—9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Next item.
Page 47
Hawaii County Council-48 August 17,2016
Res. 577-16: 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
HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR THE
PURCHASE OF CITRIC ACID TO CONTROL COQUI FROGS IN COUNCIL
DISTRICT 7
Transfers $3,500 from the Clerk-Council Services —Contingency Relief account
(Council District 7); and credits to the Research and Development, Agriculture
Other Current Expenses account.
Reference: Comm. 962
Intr. by: Mr. Kanuha
Motion to Approve: Ms. Eoff moved to adopt Res. 577-16. Seconded by
Mr. Paleka.
CHR KANUHA: Is there any discussion? Just briefly, this is District seven
contingency funds,just again, putting money for vouchers, as Mr. Chung said.
This gets the community involved in helping out the coqui frog infestation, not
only in Kona, but around the island. So, I'm glad to be able to support that.
Okay, all in favor of the motion to approve say "aye."
Vote on Res. 577-16: The motion to adopt Res. 577-16 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. 578-16: 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 $1,000 from the Clerk-Council Services —Contingency Relief account
(Council District 5); and credits to the Office of the Prosecuting Attorney,
Committee on Status of Women account.
Reference: Comm. 963
Intr. by: Mr. Paleka
Page 48
Hawaii County Council-48 August 17,2016
Motion to Approve: Mr. Paleka moved to adopt Res. 578-16. Seconded by
Ms. David.
CHR KANUHA: Mr. Paleka.
MR. PALEKA: Just asking for your support. Thank you.
CHR KANUHA: Thank you, any other discussion? Hearing or seeing none, all
in favor of the motion to approve say "aye."
Vote on Res. 578-16: The motion to adopt Res. 578-16 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. 579-16: 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
HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL TO ASSIST
WITH CITRIC ACID VOUCHERS FOR COQUI FROG CONTROL
Transfers $1,000 from the Clerk-Council Services —Contingency Relief account
(Council District 4); and credits to the Research and Development, Agriculture
Other Current Expenses account.
Reference: Comm. 964
Intr. by: Mr. Eagan
Motion to Approve: Mr. Eagan moved to adopt Res. 579-16. Seconded by
Mr. Paleka.
CHR KANUHA: Mr. Eagan.
MR. ILAGAN: Thank you, Mr. Chairman. As you previously said about the
coquis and also Council Member Chung, I also ask for your support in the
passage of this resolution. Thank you.
CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all
in favor of the motion to approve say "aye."
Page 49
Hawaii County Council-48 August 17,2016
Vote on Res. 579-16: The motion to adopt Res. 579-16 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. 580-16: 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 REIMBURSEMENT OF EXPENSES
ASSOCIATED WITH THE CONVOY OF HOPE BIG ISLAND COMMUNITY
EVENT
Transfers $2,000 from the Clerk-Council Services —Contingency Relief account
(Council District 5); and credits to the Parks and Recreation, Administration
Other Current Expenses account.
Reference: Comm. 965
Intr. by: Mr. Paleka
Motion to Approve: Mr. Paleka moved to adopt Res. 580-16. Seconded by
Ms. David.
CHR KANUHA: Mr. Paleka.
MR. PALEKA: You now, this was a great event. I know a lot of us were aware
of that--occur on July ninth and I just hope for your approval of this. They did
spend a lot of money for this event and it was a great turnout, great event, so I ask
for your support.
CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all
in favor of the motion to approve say "aye."
Page 50
Hawaii County Council-48 August 17,2016
Vote on Res. 580-16: The motion to adopt Res. 580-16 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. 581-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII
COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR THE PURCHASE
OF CITRIC ACID TO CONTROL THE COQUI FROG INFESTATION
Transfers $6,000 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Research and Development, Agriculture
Other Current Expenses account.
Reference: Comm. 966
Intr. by: Ms. David
Motion to Approve: Ms. David moved to adopt Res. 581-16. Seconded by
Mr. Paleka.
CHR KANUHA: Ms. David.
MS. DAVID: Yes, this is very important, especially in my district. Coqui, the
infestation has really grown, so I've grown my contribution in contingencies also.
I just ask for your support and I also wanted to actually say Mahalo nui to Ace
Hardware who's going to be the pickup point for our citrus. So thank you for their
efforts and helping with this. Thank you.
CHR KANUHA: Thank you, Ms. David. Any other discussion? Hearing or
seeing none, all in favor of the motion to approve say "aye."
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Hawaii County Council-48 August 17,2016
Vote on Res. 581-16: The motion to adopt Res. 581-16 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. 582-16: 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
HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR THE
PURCHASE OF CITRIC ACID TO CONTROL COQUI FROGS IN COUNCIL
DISTRICT 8
Transfers $3,500 from the Clerk-Council Services —Contingency Relief account
(Council District 8); and credits to the Research and Development, Agriculture
Other Current Expenses account.
Reference: Comm. 967
Intr. by: Ms. Eoff
Motion to Approve: Ms. Eoff moved to adopt Res. 582-16. Seconded by
Mr. Paleka.
CHR KANUHA: Ms. Eoff
MS. EOFF: Thank you. I won't repeat what everybody else has said about the
coqui frog voucher program except to say that we also should thank our staff,
because the community members come into our office and there's been a lot of
coordination and help from both Scott and, well not only Scott, but all of our staff
Even to coordinate the pickup sites, so thank you everybody and it's a good
program that we're doing.
CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all
in favor of the motion to approve say "aye."
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Hawaii County Council-48 August 17,2016
Vote on Res. 582-16: The motion to adopt Res. 582-16 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. 583-16: 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
HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR THE
PURCHASE OF CITRIC ACID TO HELP CONTROL THE COQUI FROG
INFESTATION IN COUNCIL DISTRICT 1
Transfers $2,500 from the Clerk-Council Services —Contingency Relief account
(Council District 1); and credits to the Research and Development, Agriculture
Other Current Expenses account.
Reference: Comm. 968
Intr. by: Ms. Poindexter
Motion to Approve: Ms. Poindexter moved to adopt Res. 583-16. Seconded by
Mr. Paleka.
CHR KANUHA: Ms. Poindexter.
MS. POINDEXTER: I just ask for your support. Thanks.
CHR KANUHA: Is there any other discussion? Hearing or seeing none, all in
favor of the motion to approve say "aye."
Vote on Res. 583-16: The motion to adopt Res. 583-16 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.
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Hawaii County Council-48 August 17,2016
CHR KANUHA: Motion passes. Next item.
Res. 584-16: 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
KEAUKAHA COMMUNITY ASSOCIATION FOR THE KEAUKAHA
ELEMENTARY SCHOOL'S PRESCHOOL PROGRAM
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. 969
Intr. by: Mr. Onishi
Motion to Approve: Mr. Onishi moved to adopt Res. 584-16. Seconded by
Mr. Paleka.
CHR KANUHA: Go right ahead, Mr. Onishi.
MR. ONISHI: Just asking for your support. Thank you.
CHR KANUHA: Thank you. Is there any other discussion, Council Members?
Hearing or seeing none, all in favor of the motion to approve say "aye."
Vote on Res. 584-16: The motion to adopt Res. 584-16 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-48 August 17,2016
Res. 585-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO ASSIST IN EXPENSES RELATED
TO THE 2016 FOURTH OF JULY FESTIVITIES IN HILO
Transfers $1,000 from the Clerk-Council Services —Contingency Relief account
(Council District 5); and credits to the Parks and Recreation, Culture and
Education Other Current Expenses account.
Reference: Comm. 970
Intr. by: Mr. Paleka
Motion to Approve: Mr. Paleka moved to adopt Res. 585-16. Seconded by
Ms. David.
CHR KANUHA: Mr. Paleka.
MR. PALEKA: Just asking for your support and that was a pretty good fireworks
display, I got to say. Thank you.
CHR KANUHA: Thank you, Mr. Paleka. Any other discussion? Hearing or
seeing none, all in favor of the motion to approve say "aye."
Vote on Res. 585-16: The motion to adopt Res. 585-16 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. 586-16: 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 A REIMBURSEMENT OF EXPENSES FOR
THE CONVOY OF HOPE BIG ISLAND COMMUNITY EVENT
Transfers $2,000 from the Clerk-Council Services —Contingency Relief account
(Council District 4); and credits to the Parks and Recreation, Administration
Other Current Expenses account.
Reference: Comm. 971
Intr. by: Mr. Eagan
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Hawaii County Council-48 August 17,2016
Motion to Approve: Mr. Eagan moved to adopt Res. 586-16. Seconded by
Mr. Paleka.
CHR KANUHA: Mr. Eagan.
MR. ILAGAN: Thank you, Mr. Chairman. I just ask for your support for the
Convoy of Hope. I know this is to set off some of their expenses. Thank you.
CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all
in favor of the motion to approve say "aye."
Vote on Res. 586-16: The motion to adopt Res. 586-16 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha—9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Next item.
Res. 587-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO ASSIST WITH EXPENSES RELATED
TO THE KAMEHAMEHA SCHOOLS WATER POLO TEAM'S CULTURAL
EXCHANGE IN HONG KONG
Transfers $500 from the Clerk-Council Services —Contingency Relief account
(Council District 5); and credits to the Parks and Recreation, Culture and
Education Other Current Expenses account.
Reference: Comm. 972
Intr. by: Mr. Paleka
CHR KANUHA: Mr. Paleka.
MR. PALEKA: With all due respect, Mr. Chair, I will be withdrawing this
resolution and redoing it. There are concerns. Thank you.
Withdraw Res. 587-16: Mr. Paleka announced the withdrawal of Res. 587-16.
CHR KANUHA: Okay, Resolution 587 has been withdrawn. Mr. Clerk,
Resolution 589.
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Hawaii County Council-48 August 17,2016
Res. 589-16: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR
SUBSCRIPTION AGREEMENT WITH THOMPSON REUTERS FOR
WESTLAW NEXT
Authorizes the Mayor to enter into a five-year subscription agreeement with
Thompson Reuters for the Westlaw Next online legal research application to be
used by the Office of the Prosecuting Attorney for trial preparation.
Reference: Comm. 976
Intr. by: Ms. Eoff
Waived: FC
Motion to Approve: Ms. Eoff moved to adopt Res. 589-16. Seconded by
Mr. Paleka.
CHR KANUHA: Ms. Eoff
MS. EOFF: I think it's pretty self-explanatory.
CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all
in favor of the motion to approve say "aye."
Vote on Res. 589-16: The motion to adopt Res. 589-16 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. 590-16: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF
$2,000 TO THE HAWAII COUNTY POLICE DEPARTMENT
Donated by Monte Gonzales. Funds would be used for child victim sexual
assault training for the Department's Hilo Juvenile Aid Section.
Reference: Comm. 977
Intr. by: Ms. Eoff
Waived: FC
Motion to Approve: Ms. Eoff moved to adopt Res. 590-16. Seconded by
Mr. Paleka.
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Hawaii County Council-48 August 17,2016
CHR KANUHA: Ms. Eoff
MS. EOFF: I'd like to say thank you for this donation from Mr. Gonzales.
CHR KANUHA: Thank you, Ms. Eoff
MS. WILLE: Would you mind just saying a word or two a little bit about
MS. EOFF: It's just a monetary donation for our victim sexual assault training in
the Hilo Juvenile Aid Section. I don't know too much more about it.
CHR KANUHA: Thank you, Ms. Eoff Any other discussion, Ms. Wille?
MS. WILLE: No.
CHR KANUHA: Okay, hearing or seeing no other discussion, all in favor of the
motion to approve say "aye."
Vote on Res. 590-16: The motion to adopt Res. 590-16 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. 591-16: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR
AGREEMENT FOR A CASHIERING SYSTEM
Authorizes the Mayor to enter into a five-year agreement that would improve the
Finance Department's Vehicle Registration and Licensing division's cash
handling procedures and allow for improved auditing controls to be
implemented.
Reference: Comm. 978
Intr. by: Ms. Eoff
Waived: FC
Motion to Approve: Ms. Eoff moved to adopt Res. 591-16. Seconded by
Ms. David.
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Hawaii County Council-48 August 17,2016
CHR KANUHA: Ms. Eoff
MS. EOFF: This was requested that we waive because the need to expedite the
expenditures. But it's alreadyI believe it's already budgeted, so I was just
asked to waive it. I don't know if anyone from Finance is here.
CHR KANUHA: Yeah, we do have Deanna Sako and Lisa Miura in Hilo if
there's any questions.
MS. EOFF: Okay, thank you. I don't know if they would like to add something
at this time.
(Note: At this time, Finance Director Deanna Sako came forward to
address the members of the Council.)
MS. SAKO: Good afternoon, Deanna Sako, Director of Finance. No, we're just
very excited to finally be working our way towards a cashiering system and I'm
happy to answer any questions you might have.
MS. EOFF: Okay, thank you.
CHR KANUHA: Thank you, Ms. Eoff Mr. Paleka.
MR. PALEKA: Hi Deanna. Director Sako. So, this new software and cashiering
system is going to improve our
MS. EOFF: It's primarily for our Motor Vehicle Registration and Licensing
Division. We have driver's licensing and vehicle registration and it should make
it much easier for the cashiers to reconcile, so they'll have more time on the line
to help our customers.
MR. PALEKA: Terrific. Yeah, I see it's going to reduce the manual record
keeping drastically. All right. Cool. Thank you.
CHR KANUHA: Thank you, Mr. Paleka. Council Members, any other
discussion? Okay, hearing or seeing no other discussion, all in favor of the
motion to approve say "aye."
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Hawaii County Council-48 August 17,2016
Vote on Res. 591-16: The motion to adopt Res. 591-16 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff, Ragan,
Onishi, Paleka, Poindexter, and Chair Kanuha–8.
Noes: None.
Absent: Council Member Wille– 1.
Excused: None.
CHR KANUHA: Motion passes. Next item.
Res. 593-16: 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
COVO FOUNDATION FOR EXPENSES RELATING TO THE 2016
FILIPINO AMERICAN HERITAGE MONTH CELEBRATION
Transfers $2,500 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. 982
Intr. by: Mr. Eagan
Motion to Approve: Mr. Eagan moved to adopt Res. 593-16. Seconded by
Mr. Paleka.
CHR KANUHA: Mr. Eagan.
MR. ILAGAN: Thank you, Mr. Chairman. All I have to say is that definitely ask
for your support, but Ms. Poindexter, next term, double the money, okay?
CHR KANUHA: Thank you, Mr. Eagan. Council Members, any other
discussion on Resolution 593? Mr. Chung.
MR. CHUNG: Yeah, Mr. Chairman, if I could ask Mr. Eagan a question.
CHR KANUHA: Sure, go right ahead.
MR. CHUNG: This grant is going to the COVO Foundation, right? Congress of
Visayan Organizations Foundation. But, this event is really for all of the Filipino
groups, right? Okay. Are there any other groups—someone ?
MR. ILAGAN: It's also for you too, if you want to come and check out Filipino
culture. It's for everybody.
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Hawaii County Council-48 August 17,2016
MR. CHUNG: No, I mean really, I'm thinking about possibly giving some
money. I don't know if you guys know, but when they were celebrating the
centennial
MR. ILAGAN: You gave quite a lot of money, actually.
MR. CHUNG: $20,000.
MR. ILAGAN: Yeah. Thank you
MR. CHUNG: A big chunk and I'd like to support this but is this the only
organization? Someone talked about the Big Island Filipino—yeah, and then they
are a nonprofit, as far as you guys know?
CHR KANUHA: Okay, wait. We want to get you guys on record, so, there's a
specific question towards Council Member
MR. ILAGAN: Okay, go ahead.
MS. POINDEXTER: Can I answer that?
CHR KANUHA: Ms. Poindexter, go right ahead.
MS. POINDEXTER: Yeah, the BIFCC (Big Island Filipino Community Council)
is not a nonprofit but they're an association, so there's various clubs like the
Visayan Club, COVO, Big Island Filipino Council, you know, different
organizations that are involved, but COVO is the one that has the 501(c) (3), so
they're going through COVO. But all of the different organizations, not just
Filipino organizations, but people from the community are all involved in
planning this.
MR. CHUNG: Would we be able to funnel it through a department? One of
our—like Cultural and Arts or something?
MS. POINDEXTER: Yeah, it's going through R& D (Research and
Development) right now, and then R & D pushes it out to COVO.
MR. ILAGAN: We tried that.
MR. CHUNG: Oh yeah?
MR. ILAGAN: Having no luck,just having a department take it on.
MR. CHUNG: Really?
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Hawaii County Council-48 August 17,2016
MR. ILAGAN: We had to go through a nonprofit.
MS. POINDEXTER: Well, can I answer that?
CHR KANUHA: Ms. Poindexter.
MS. POINDEXTER: The reason why is, the Cultural and Arts would be ideal but
if they have the ability to do it at that time—and I remember at one time, they
were having like the Cherry Blossom, or I don't know what was it that they were
very busy with that they couldn't take this on to manage the accounting on this.
MR. CHUNG: Well, I can talk to you guys later.
MS. POINDEXTER: Yeah, okay.
MR. CHUNG: Greggor or Val, you guys can give me a little bit more
information. Okay, thank you.
CHR KANUHA: Thank you, Mr. Chung. Council Members, any other
discussion? Okay, hearing or seeing no other discussion, all in favor of the
motion to approve say "aye."
Vote on Res. 593-16: The motion to adopt Res. 593-16 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-48 August 17,2016
Res. 594-16: 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
COVO FOUNDATION FOR EXPENSES RELATING TO THE 2016 FILIPINO
AMERICAN HERITAGE MONTH CELEBRATION AND BARRIO
FIESTA
Transfers $2,500 from the Clerk-Council Services —Contingency Relief account
(Council District 1); and credits to the Research and Development, Hawaii
County Resource Center account.
Reference: Comm. 984
Intr. by: Ms. Poindexter
Motion to Approve: Ms. Poindexter moved to adopt Res. 594-16. Seconded by
Ms. David.
CHR KANUHA: Ms. Poindexter.
MS. POINDEXTER: I don't have to repeat all of that, so I just ask
for our support. Thank you.
CHR KANUHA: Any other discussion? Hearing or seeing no other discussion,
all in favor of the motion to approve say "aye."
Vote on Res. 594-16: The motion to adopt Res. 594-16 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, Bills for Ordinances.
BILLS FOR The Acting Chair directed the Council to proceed to the next order of business,
ORDINANCES Bills for Ordinances (First Reading).
(FIRST READING):
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Hawaii County Council-48 August 17,2016
Bill 222: AMENDS ORDINANCE NO. 16-73, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2016, TO JUNE 30, 2017
Adds the Parks and Recreation Wainaku Gym Facility Repairs and Renovation -
County project for $2,250,000 to the Capital Budget. Funds for this project
shall be provided from General Obligation Bonds, Capital Projects Fund - Fund
Balance and/or Other Sources ($2,250,000). Funds would be used for
renovations and upgrades, including structural investigation and repair of the
foundation settlement; replacement of ceilings, walls, fixtures, equipment, and
furnishings; repair of doors and windows; repainting; and accessibility
improvements.
Reference: Comm. 934
Intr. by: Ms. Poindexter
Approve: FC-73
Note: Requires 2/3 vote of the entire
membership to amend, pursuant to
Section 10-6(e), Hawai`i County Charter
Motion to Approve: Ms. Poindexter moved to pass Bill 222 on first reading and
adopt Finance Committee Report No. 73. Seconded by
Mr. Paleka.
CHR KANUHA: Ms. Poindexter.
MS. POINDEXTER: I think we had some discussion on this at the committee
level, so I'm just asking for your support again. Thanks.
CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all
in favor of the motion to approve say "aye."
Vote on Bill 222: The motion to pass Bill 222 on first reading and adopt
(Approved) Finance Committee Report No. 73 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.
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Hawaii County Council-48 August 17,2016
Bill 225: 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 —Sexual Assault Forensic Examination
(SAFE) Program account ($1,586); and appropriates the same to the SAFE
Program account. Funds would be used to provide victim services in cases
involving crimes against women.
Reference: Comm. 973
Intr. by: Ms. Eoff
Waived: FC
Motion to Approve: Ms. Eoff moved to pass Bill 225 on first reading. Seconded
by Mr. Paleka.
CHR KANUHA: Ms. Eoff, is there any discussion? Council Members, any other
discussion? Hearing or seeing none, all in favor of the motion to approve say
Ic aye.
Vote on Bill 225: The motion to pass Bill 225 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 226.
Bill 226: 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 State Grants —Career Criminal Program account
($54,512); and appropriates the same to the Career Criminal Program account.
The State has increased its funds to the County for the continuation of the program.
Reference: Comm. 974
Intr. by: Ms. Eoff
Waived: FC
Motion to Approve: Ms. Eoff moved to pass Bill 226 on first reading. Seconded
by Ms. David.
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Hawaii County Council-48 August 17,2016
CHR KANUHA: Is there any discussion?
MS. EOFF: No, I'll just acknowledge what the testifier said about the name of
this account. Maybe we can check into that. Thank you.
CHR KANUHA: Thank you, Ms. Eoff, I'm glad you remembered that. That was
pretty funny. Okay, any other discussion? Hearing or seeing none, all in favor of
the motion to approve say "aye."
Vote on Bill 226: The motion to pass Bill 226 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. Next item.
ORDER OF The Acting Chair directed the Council to proceed to the next order of business,
THE DAY Order of the Day (Second or Final Reading).
(SECOND OR
FINAL READING):
Bill 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
Second Reading: August 3, 2016
2/3 Vote: Third of three required readings
Motion to Approve: Mr. Eagan moved to pass Bill 221 on second and final
reading. Seconded by Mr. Paleka.
CHR KANUHA: Any discussion, Mr. Eagan?
MR. ILAGAN: No sir.
CHR KANUHA: Council Members, any other discussion? Hearing or seeing
none, all in favor of the motion to approve say "aye."
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Hawaii County Council-48 August 17,2016
Vote on Bill 221: The motion to pass Bill 221 on second and final reading
(Adopted) 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: Motion passes. Mr. Clerk, how many readings of that have we
gone through?
MR. HENRICKS: It is complete, that was the third and final reading.
CHR KANUHA: Thank you.
MR. HENRICKS: It'll go to the Mayor now for his review and consideration.
CHR KANUHA: Okay, thank you, Mr. Clerk. Next item.
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 Manawale`a Street in North
Kona.
Reference: Comm. 942
Intr. by: Ms. Eoff
First Reading: August 3, 2016
Motion to Approve: Ms. Eoff moved to pass Bill 223 on second and final
reading. Seconded by Mr. Paleka.
CHR KANUHA: Ms. Eoff
MS. EOFF: Thank you. Yeah, this is my contingency funds and I'm really happy
that this is finally going to happen. This was a very dangerous part of the
Kealakehe School Complex, by the Montessori School where kids would be just
darting out across the street to go play basketball. It's by the housing project, so a
lot of kids, and especially now that school has started. Mr. Thiel, I think said that
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Hawaii County Council-48 August 17,2016
this would get started January 2017, so thank you very much, Mr. Thiel, and also
PATH (Peoples Advocacy for Trails Hawaii) had a lot to do with getting this all
organized.
CHR KANUHA: Thank you, Ms. Eoff Council Members, any other
discussion? Okay, 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 second and final reading
(Adopted) 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: Motion passes. Bill 224.
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
First Reading: August 3, 2016
Motion to Approve: Ms. Eoff moved to pass Bill 224 on second and final
reading. Seconded by Ms. Wille.
CHR KANUHA: Ms. Eoff, any discussion? Ms. Wille.
MS. WILLE: Yeah, I just wanted to mention Sarah Steiner submitted a letter or
comment and I believe she may have it in the newspaper today,just focusing on
hopingI think her intent is just hoping that this money is being used for the
methamphetamine drug problem and that it's not instead, used for flying
helicopters around the marijuana and I just senseI know she and others have
been concerned about that, I wanted to just mention, recognizing that.
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Hawaii County Council-48 August 17,2016
We certainly—the meth problem in my district is really bad and so too, heroine.
So, I'm really glad that we do have these funds and there's been frustration by
community members why isn't more being done? So I see this as, sort of
supporting and helping that happen.
CHR KANUHA: Thank you, Ms. Wille. Council Members, any other
discussion? Hearing or seeing none, all in favor of the motion to approve say
Ic aye.
Vote on Bill 224: The motion to pass Bill 224 on second and final reading
(Adopted) 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: Motion passes. Reports.
REPORTS: The Chair directed the Council to proceed to the next order of business, Reports.
FC-72 NOMINATION OF FLORENCE K. IDEDA TO THE SALARY
(Comm. 951): COMMISSION
Motion to Approve: Mr. Paleka moved to adopt Finance Committee Report
No. 72. Seconded by Ms. Poindexter.
CHR KANUHA: Any discussion? Ms. Wille.
MS. WILLE: Yeah, I just—did she attend the meeting? We asked her if she
could come to this meeting.
CHR KANUHA: I have no idea. I can't remember that far back.
MS. WILLE: That's okay. Anyway, I think we did ask that she be present
because she wasn't present at the—is she present? I assume not or we would
have taken it up right away. I'm going to support it, but, you know, I really urge
that somehow, we're going—Mayor's office or whoever didn't get in touch with
her and I'd assume she would have attended if she'd been asked.
CHR KANUHA: Mr. Chung.
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Hawaii County Council-48 August 17,2016
MR. CHUNG: Yeah, I just wanted to make sure it's okay that her name is
misspelled on
MR. HENRICKS: And I wanted to have an opportunity to apologize for the
misspelling of her name, but we're okay.
MR. CHUNG: Okay. Alright, that's all.
MR. HENRICKS: Yes, thank you.
CHR KANUHA: Thank you, Mr. Chung. Ms. Eof£
MS. EOFF: I believe Ms. Ikeda was off-island. I think I was told that, but I'm
not totally sure. I think that might be why she's not here.
CHR KANUHA: Thank you. Ms. Poindexter.
MS. POINDEXTER: So, I don't know what the Council decided on the last time
and are we changing our decision or not? I'm just confused at this point of what
is the correct process. Or do we just talk about it now and say we'll waive that? I
don't know.
CHR KANUHA: Okay, the current process we have is we usually have—it's
standard to have the nominees come before the Council at least once. There have
been times where, you know, Council Members did represent that district and
spoke on behalf of those nominees. In certain cases, we didn't need those
nominees to come forward, if they were in conflict with these hearings. So, that
has been the standard currently.
MS. POINDEXTER: No, my question was that at the last meeting that we had,
we said we'll put it through if she would come. I'm assuming that was done and
then now we're saying she didn't come so I would love to hear from—if Council
Member Chung could assure us because this is his district. And then I'd feel
comfortable about changing our decision on what we expected from the last
committee meeting. Thank you.
CHR KANUHA: Okay, thank you. Mr. Chung.
MR. CHUNG: You know, of course, this nomination wasn't advanced by me, it
was from the administration, but I do know Ms. Ikeda. This is Donald Ikeda,
former Council Member, Donald Ikeda's wife. She's, you know, a well-known
person in the community. As far as I know, no criminal records or anything like
that. She, you know, worked in the office at Hilo High School. I'm sure she'll do
a very good job. I have no concerns whatsoever.
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Hawaii County Council-48 August 17,2016
CHR KANUHA: Thank you. Yeah, I remember you stressing that the last time,
with the emphasis that she might come this Council meeting. Mr. Eagan.
MR. ILAGAN: Can I call for the question?
CHR KANUHA: Okay, wait. We're okay with voting on this now. We don't
need to call for the question. Okay, Council Members, no other discussion, all in
favor of the motion to approve the nomination of Florence K. Ikeda to the Salary
Commission say "aye."
Vote on FC-72: The motion to adopt Finance Committee Report No. 72
(Adopted) was carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha—9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Next item.
PSMTC-16 NOMINATION OF WAYNE K. DELUZ TO THE POLICE COMMISSION
(Comm. 946):
Vote on PSMTC-16: Ms. Poindexter moved to adopt Public Safety and Mass
(Adopted) Transit Committee Report No. 16. Seconded by Ms. David
and carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha—9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Next item.
PSMTC-18 NOMINATION OF PAUL PAIVA TO THE POLICE COMMISSION
(Comm. 948):
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Hawaii County Council-48 August 17,2016
Vote on PSMTC-18: Ms. David moved to adopt Public Safety and Mass Transit
(Adopted) Committee Report No. 18. Seconded by Ms. Poindexter
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.
PSMTC-19 NOMINATION OF KIRSTIN KAHALOA TO THE LIQUOR COMMISSION
(Comm. 949):
; and
Comm. 949.1: From Mayor William P. Kenoi, dated August 8, 2016, transmitting
Kirstin Kahaloa's request that her nomination to the Liquor Commission be
withdrawn.
CHR KANUHA: Thank you, Mr. Clerk, how do we move forward with this
one?
MR. HENRICKS: I think that the best thing to do just ask the rest of the Council
if there are any objections to withdrawing this nomination.
CHR KANUHA: Council Members, do you have any objections to withdrawing
this nomination?
MR. HENRICKS: Then I would say just for the record, to say that the
nomination of Ms. Kahaloa has been officially withdrawn.
Withdraw PSMTC-19: Chair Kanuha announced the withdrawal of PSMTC-19.
REFERRALS FOR The Acting Chair directed the Council to proceed to the next order of business,
EXECUTIVE Referrals for Executive Session.
SESSION:
(There were none.)
OTHER The Acting Chair directed the Council to proceed to the next order of business,
BUSINESS: Other Business.
(There was none.)
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Hawai`i County Council-48 August 17, 2016
ANNOUNCE- The Acting Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
(There were none.)
ADJOURN- There being no further business, at 2:30 p.m., Ms. Eoff moved to adjourn
MENT: the meeting. Seconded by Ms. David and carried by the following voice vote:
Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi,
Paleka, Poindexter, Wille, and Chair Kanuha— 9.
Noes: None.
Absent: None.
Excused: None.
CHR. KANUHA: We are adjourned.
SEP 0 5 2018
Council Approval:
dir ,t7Ce
COU Y CLERK
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Page 73