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HomeMy WebLinkAboutMIN COUNCIL 2016/09/07 2014-2016 Hawaii County Council 491h Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii September 7, 2016 INVOCATION: Pastor Bob Tominaga of Thy Word Ministries, gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:03 a.m., in the Council Chambers, Hilo, by Mr. Dru Mamo Kanuha, Chair. ROLL CALL: Present: Mr. Dru Mamo Kanuha, Chair Ms. Valerie T. Poindexter, Vice Chair Mr. Aaron S. Y. Chung, Member Ms. Maile "Medeiros" David, Member Ms. Karen Eoff, Member Mr. Greggor Eagan, Member Mr. Dennis "Fresh" Onishi Member Mr. Danny Paleka, Member Ms. Margaret Wille, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge ALLEGIANCE: of Allegiance. (At this time, Mr. Paleka led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, MEMORIALS Petitions, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERITS, AND (There were none.) EXPRESSIONS OF CONDOLENCE: 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: Keith "Bradda Skibs": Res. 592-16 (Comm. 980); and (Representing Basic Image, Inc.) Res. 619-16 (Comm. 10 18) in support. Hawaii County Council-49 September 7,2016 Kathleen Mc Gilvray: Res. 568-16 (Comm. 953), in support. (Representing YWCA of Hawaii Island) Colonel Deb Lewis: Res. 568-16 (Comm. 953); (Representing Hawaii Island Res. 598-16 (Comm. 990); and Veterans Day Parade) Res. 599-16 (Comm. 991); in support. Susan Forbes: Res. 592-16 (Comm. 980), comment. (Representing Hakalau Point Preservation Assn.) Myles Miyasato: Res. 592-16 (Comm. 980), in opposition. (Representing Operating Engineers Stabilization) Robert Nishimoto: Res. 592-16 (Comm. 980), in comment. Bruce Merrell: Res. 607-16, (Comm. 1002), in support. (Representing Hawaii Island and HIV/AIDS Foundation) Lee-Ann Heely: Res. 568-16 (Comm. 953), in support. Shirley David: Res. 609-16 (Comm. 1004); and (Representing Community Res. 610-16 (Comm. 1005); in support. Enterprises) Denise Lindsey: Res. 602-16 (Comm. 994); and (Representing Special Res. 603-16 (Comm. 995); in support. Olympics West Hawaii) John Kaye: Res. 592-16 (Comm. 980), in support. Trina Nohm-Mijo: Res. 568-16 (Comm. 953), in support. Farrah-Marie Gomes: Res. 568-16 (Comm. 953); and (Representing the Committee Res. 592-16 (Comm. 980); in support. on the Status of Women) CHR KANUHA: Mahalo for your testimony. Anybody else here wishing to testify in Hilo, or the outer sites please let me know. I will close public testimony, and move on with the agenda. Before I do that, I want to take a brief Page 2 Hawaii County Council-49 September 7,2016 recess, if we could Council Members. Just maybe a five minute recess, and then we can come back to the order of the day. So we're going to be in recess for five minutes. Recess: At 10:01 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 10:11 a.m. CHR KANUHA: We are currently out of recess and moving on with the agenda. Next up we have approval of minutes. May I have a motion to approve the minutes of August 5, 2015, and September 16, 2015. APPROVAL The Chair directed the Council to proceed to the next order of business, OF MINUTES: Approval of Minutes. Vote on Motion to Ms. Poindexter moved to approve the minutes of August 5, and Approve Minutes September 16, 2015. Seconded by Ms. Wille and carried by the (Approved) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Poindexter, Wille, and Chair Kanuha—7. Noes: None. Absent: Council Members Onishi and Paleka—2. Excused: None. CHR KANUHA: Mr. Onishi and Mr. Paleka are excused. Motion passes. On to Resolutions. COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. (There were none.) ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Page 3 Hawaii County Council-49 September 7,2016 Res. 568-16: SUPPORTS THE PRINCIPLES OF THE UNITED NATIONS' CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN Affirms the tenets and principles within the "Convention" and urges the County to work with the Hawaii State Commission on the Status of Women and the County of Hawai`i's Committee on the Status of Women to perform an analysis on gender equality, which includes the examination of race, disability, immigration status, sexual orientation, and other characteristics that are linked to gender. Reference: Comm. 953 Intr. by: Ms. Poindexter Approve: GREDC-7 Motion to Approve: Ms. Poindexter moved to adopt Res. 568-16 and Governmental Relations and Economic Development Committee Report No. 7. Seconded by Ms. Eoff CHR KANUHA: Ms. Poindexter. MS. POINDEXTER: I think we heard a lot about this during the committee level, at the committee level and then here today. So I don't think I need to express what has already been expressed. I just ask for your support. Thank you. CHR KANUHA: Thank you, Ms. Poindexter. Ms. Wille. MS. WILLE: Can I ask Farrah a couple questions quickly? Just state your name. (Note: At this time Farrah-Marie Gomes, representing the Committee on the Status of Women came forward to address the members of the Council.) MS. GOMES: Farrah-Marie Gomes. MS. WILLE: Okay. The U.S. is one of six nations such as Palau, Tonga, et cetera that haven't ratified this. So since the congress hasn't ratified it, can we assume that it's because they don't like planned parenthood? In less than like a minute, what is the stumbling block for the U.S. to not ratify? Let's not discriminate against women. MS. GOMES: There are many websites where you can type in that exact question, and you'll get multiple types of responses. The planned-parenthood is definitely one issue, one perspective on that. The other issue that many have pointed to is, they look at other types of legislation. Equal pay, fair equality, fair Page 4 Hawaii County Council-49 September 7,2016 pay, and they feel that is enough to be able to support the United States' stand on equality for women. What we're saying is while that is a move in the right direction, it is certainly not enough. MS. WILLE: But just to make a general statement in support it's the Planned parenthood, why aren't you voting for this? Or you're saying it's oh, we're doing enough, we don't have to do this and who cares. MS. GOMES: I would say we're doing enough. MS. WILLE: But that's a lame excuse. MS. GOMES: It is. MS. WILLE: So I'm just trying to get out what the deal is. MS. GOMES: Okay. So the other things that other folks will say about this is, that traditionally America has been run by middle class white men. And something like this convention calls to attention empowering, embracing, women. Trying to relieve or provide power and authority in ways that not all men are comfortable with. MS. WILLE: So it's a sliding scale, you know, like opening this door might lead us to other doors that might open. MS. GOMES: It is. So it is one based on fear though. I mean if you take a look at it and try to remove some of those additional barriers. It is based on fear and inferiority. MS. WILLE: No. MS GOMES: Absolutely. MS. WILLE: Progress is difficult for some. MS. GOMES: Yes. MS. WILLE: And then looking to our island or state, now do we have planned parenthood here on this island? MS. GOMES: The last time I was aware that planned parenthood existed was over in Kona as a facility. They have reduced some of those resources, and planned parenthood has a phone number. I'm not sure on how often services are provided. Page 5 Hawaii County Council-49 September 7,2016 MS. WILLE: Right. I can remember hearing of all the unwanted pregnancies, in other words, a lack of parental planning. Such as in North Hawaii and Ka`u were like really poor. I guess the theme that I'm going on is, you know, as we say all this and we write these words, let's do it. That's still the talk the talk; it's not the walls the walls. MS. GOMES: Absolutely. MS. WILLE: And then on terms of domestic violence, you know, it still very high here. And then I look at sexual harassment that goes on, and I see women helping to cover that up, and just institutions going on. You know, I'm going to support talk the talk, but just down on the ground. It's not like in the newspaper, what are we doing in terms of all the institutions including the political institutions that are sexual harassment issues? And we just sort of let things go, and we still have laws that bar anyone with rape cases that if you didn't bring it up, statute of limitations. MS. GOMES: Right. MS. WILLE: So it's not like Hawaii doesn't have a lot to accomplish in terms of walls the walls. MS. GOMES: You're correct. And the way that I look at this resolution right now, is being able to provide leverage for every point that you just made, right. Because once we get CEDAW (Convention on the Elimination of Discrimination Against Women) in place, and that's why I was certain to point out those two "Whereas" statements and emphasize the partnership component because once we have CEDAW in place, places like planned parenthood MS. WILLE: Let me just stop you. Once you have what? Because the abbreviation you used and I just MS. GOMES: Once we have the Convention on the Elimination of all forms of Discrimination Against Women, which we call CEDAW is the acronym, for short. So that gives us leverage to now be able to,planned-parenthood for example to go out and apply for additional funding to support their services right here on the island. Because Hawaii County has brought in CEDAW, we're working together, we're elevating the awareness, and we're providing education. MS. WILLE: Okay. And then the last thing I just want to say, you know, as promoting women I also feel whether you're a woman or man, or whatever we're trying to undo an oppression of those who don't have a voice. Sometime speaking out and supporting this for women, I just want to say with domestic violence or whatever it's really the constellation in the family that I see. Okay, one victim and one oppressor, and often it is a constellation and dealing with it Page 6 Hawaii County Council-49 September 7,2016 like women's rights and men's right sort of takes it away, it's a relationship. Our relationship at work or relationship in a family. I'm just sort of expressing, sometimes I'm hesitant to say, oh, gung ho on women's rights. It's really we as the people, and we as the mom in a constellation, or we as the worker in an institution. I support not just women's rights, but the rights of those oppressed. Our species, the turtles, the whales or whatever. The underlying concept to me is removing an oppression, and giving a voice to all that participated. Thanks for your comments. MS. GOMES: Thanks. CHR KANUHA: Ms. Wille. Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman. Hi Farrah, you might as well stay over here, you're probably the most articulate person that we've come across in many years. I'm going to ask you a few questions. You know, I'm a man. MS GOMES: Sure. MR. CHUNG: You know, I'm all for fairness and equality; and you know, certainly I'll never be able to get the kind of perspective that you guys have of being a woman. I'm sure we all want fairness, not just in our county, our state, our nation globally. But as articulate as you are—and I'm going to vote for this incidentally. I haven't really gotten a good grasp on why the United States is opposing this thing. I've heard maybe planned parenthood, and try explain a little bit more about how that plays into the opposition, okay. You know, I think the innuendo that the United States is controlled, and I think we all agree, by white middle-aged men who mightI don't know about feeling uncomfortable as being a basis for opposing something like this. I don't think that's a real productive type of innuendo. I know it's not coming from you, it's probably some view that's shared. Try explain a little bit more all the pro's and con's of this thing, so at least I can say now I understand. I don't understand. MS. GOMES: Right. I don't think that too many people in America have taken the time to actually break it down to that level either, right. And that's why individual cities are breaking off at this point. I will say that going back to what I said earlier, that there are already—in a few meetings ago I provided a list of federal legislation that are already in place, that many people think is enough, is bringing women to a standard where equality is in play. MR. CHUNG: Sorry to interrupt. But this is globally, right? MS. GOMES: Yes. So across the board the other interesting thing about this is, the United States is the only industrialized country that hasn't ratified at this Page 7 Hawaii County Council-49 September 7,2016 point. I think another factor in addition to the planned parenthood component is, trying to take a look at what actually would be the result if they signed on to the convention. And some talk service, so a lot of people think well if we just sign on to the convention, and some of these "Whereas" statements have provided, all we're trying to do is encourage people to partner with each other or work on policies. You can do that without actually having some type of legislation for that to happen. Which is ultimately why individual cities across the nation have done that, because they've said, fine the United States as a country doesn't do this. They're leaving it up to us individually to do it as well. So where this falls on the national landscape of importance of priority, I can't say. There are ultimately lots of other more pressing types of things, and health care as an umbrella would have a component to this. But this isn't the most core component of health care, so of course all the other issues are going to be addressed before we talk about trying to change policies. So I can't give you anything more than—I haven't talked to experts on the national level in terms why CEDAW hasn't passed. All I can give you is information that I pulled off of various websites in researching the topic. And like you, I'm still baffled that this is where we are in 2016. But it is what it is. MR. CHUNG: Because this convention was adopted in 1979, right? MS. GOMES: Yes. MR. CHUNG: That's a long time. MS. GOMES: It is. MR. CHUNG: You haven't really shed any light on what the reasons were, and I'm not faulting you. MS. GOMES: Right. No, so if we put 1979 into perspective, and we take a look back the 19'h amendment of the United Sates constitution, which gave women the right to vote, it took 70 years to actually gain passage. So if we take the count from 1979 for when CEDAW was introduced, if it really takes 70 years then I'm proud to be one of those people that could actually make it happen for the United States. But I'm not going to actually put all of my eggs in that basket that will happen, and I'll just focus all my efforts here locally. MR. CHUNG: So like China, Japan, Russia, Brazil, and Mexico. All of these guys all signed on? Page 8 Hawaii County Council-49 September 7,2016 MS. GOMES: Sure. I mean I can't explain why it takes the United States as long as it does, but historically anything relating to women's rights has taken a long time. MR. CHUNG: You can see my confusion, right? MS. GOMES: Absolutely. MR. CHUNG: You would think the United States would be at the forefront of something like this. MS. GOMES: Absolutely, yes. And you know, Congresswoman Patsy Mink was one of our leaders in this area, when she introduced the Title IX amendment to the higher education act. And we're only really seeing the impacts of that now, as it's pertaining to expansion of sports and tournaments. And actually denying football tournaments to allow additional teams to join, because you must do that equally for women's teams. MR. CHUNG: You know, Farrah, Title IX now you kind of struck a nerve over here. I'll give you my personal views on Title IX. Fantastic intent, right, benefiting millions of women student athletes throughout the nation. This has nothing to do with—well tangentially since you brought it up, right. MS. GOMES: Yeah. MR. CHUNG: But you know, what I found is being one of the practical negative effects of all of this, and perhaps you guys can help to maybe correct or what I view as being an imbalance. You know, because a lot of the scholarships for boys are going to football, baseball, and basketball, especially football. Income generator for these schools, no more football for women and this is the biggest team for men. It takes away opportunities for really qualified boys, to participate in other sports. Is there any possibility that you guys being advocates for women can try to equalize this thing, and at least say it's an income generator, take that out of the equation? MS. GOMES: Sure. MR. CHUNG: You've got to admit, right, there's a lot of qualified boys who cannot get a scholarship like women can. And to me that's real unfair, you know. MS. GOMES: Because of the less. So one of the things that I think is important to point out, is the perception of an income generator. And depending on who you talk too. MR. CHUNG: Right. Page 9 Hawaii County Council-49 September 7,2016 MS. GOMES: That may not actually be the truth either, right. So it's a matter of MR. CHUNG: I'm just giving you now, a man's perspective. MS. GOMES: Absolutely, yes. MR. CHUNG: Okay. Thank you very much. MS. GOMES: Of course, thank you. CHR KANUHA: Thank you, Mr. Chung. Mr. Onishi. MR. ONISHL Thank you, Mr. Chair. I guess you're the person with the information, right. And so Ms. Wille brought up about like domestic violence, and for the past years I've been trying to help support that. I'm going to say that prior to really getting educated on domestic violence or family violence, and I don't know if it's a man thing where it's like why would she stay with that person? And then it's like why wouldn't she leave? And then once you start hearing the situations and you go, "Oh, wow." You never think about those things, until you get educated, right? But the bottom line is, we're looking at trying to get legislation in, correct? MS. GOMES: Yes. MR. ONISHL So for the county side, what kind of a legislation could we implement? MS. GOMES: So I think when you bring up domestic violence working with the Office of the Prosecuting Attorney, and that's coincidentally the department that the Committee on the Status of Women also falls under. We could actually take a look at what other counties around the state are doing right now, and see whether or not there's ability to partner with that. When we talk about sustainability efforts it's important for us to take a look at what has been tried in the state, and what has been successful. Federal funding and going after federal funding, writing a competitive proposal at that level really takes some good data. And a lot of this data we're either not collecting at the local level, or as you're very much aware domestic violence data is under reported. For whatever reasons, and the level of collecting. MR. ONISHL To kind of add to what you were just saying, I mean like back in 2008 there was this organization that came down to evaluate our courts systems, and also with the agencies about having a better system for family violence. They did a recommendation, but nothing happened. Nobody followed up. So now we Page 10 Hawaii County Council-49 September 7,2016 have Denbi Toci, now she's with Child and Family Service. So she's trying to get this wheel going again. For me I'm trying to help her, but the problem is I'm terming out this year December 5. I did get to meet with one of the judges in the circuit court, and he needed to make sure that's it's a national program and also funding to help run this program. Because I guess the state does not have enough money. And as you mentioned earlier too about legislation, you know, like trying to get something done. We've tried working with our state legislature, like for example that 48 hour separation, just to clarify for the officers to know that the 48 hours is for working days and not holidays and weekends, right. Because some would interpret that like just 48 hours from that time of the incident. It took two sessions for the legislature to pass the amendment, which is just to clarify that. So it's like what are they doing? Or like at your guys' level, what are you folks doing working with the state? MS. GOMES: What I can say is if we don't do nothing, that won't impact change at next level, right. But we can institute this, and if we can engage in conversations with the legislators at the state level that actually helps us move things along. Because now as we pointed out as the Hawaii Island Women's Leadership Forum testimony points out, Hawaii County and Honolulu City and County would be two of the counties that are signed on to CEDAW. We have the ear of more individuals that way, that's 80 percent of the population that's represented by those two counties alone. Honolulu County actually had testimony submitted by the Women's Legislative caucus, while it was going through. We weren't able to get this over to them in time for them to turn around testimony, but I'm sure that they probably would have been in support also. But we did get the Democratic Caucus support as well. So I do believe that as we continue to work on this from the county level, we have to also understand our jurisdiction, right. So some of these laws can only be done at state level, and so if we can mobilize at the local county level and make sure that folks are ready to enact and implement once state law goes into place, then that actually is more motivating for our state legislators to take that seriously as well. MR. ONISHL Well we did have, was last year we had the Family Violence Summit, okay. We had a panel of Big Island legislators, and they came in front of the audience and they mentioned of how supportive they were, how their door was open, and how they're willing to do things. But after they left that door that was it, you didn't hear from them. So to me until something happens to their family or their close friends, then they wake up, right. But you don't want that to get to that level. Page 11 Hawaii County Council-49 September 7,2016 MS. GOMES: We don't want it to get to that level. So the question and response to that was, after the summit did anybody here locally follow up with them to say, "Hey, remember what you said on this day?" And now that we have CEDAW let me remind you what is it that we can do together to push this forward. MR. ONISHL So it happened in September, and they're saying it's too late because they already prepping prior to September to get their legislation in, right. So it has to be done in the beginning of the year, but they also could reach out and say hey, where's that legislation that you want, right. What we did last year we followed on legislation that was deferred from the sessions before, and asked the Chairs of the different committees if they were going to be coming forward with that again. And that's what we decided to do is support them already existing. Because sometimes too, I hate to say it, those legislators if it's not their idea they're not going to really push it, right. If it's their idea then they're going to start moving forward, right. What can we all do to get this ball rolling? MS. GOMES: I think first of all approving CEDAW is step number one, because that sends the message loud and clear that Hawaii County is on board. And we want to engage in the conversations at the next level. I think that in it of itself is a huge message that will speak louder than any of us actually think today. MR. ONISHL So this would have been grade as a HSAC (Hawai`i State Association of Counties)proposal. Having all the counties supporting this movement to the legislature, but it's too late already. So this has to be done the next session. MS GOMES: So our next move is actually Kauai County and Maui County. Kauai County is one of the more active ones across the state, so we are hoping that they are the next ones. But as with anything else there's mentorship that needs to go along with that, and so as a sister organization to them we're willing to share the steps that we took to get to this plank. I meet with Councilman Trevor Ozawa from Oahu, and asked him what it was that we needed to be mindful of as we came before council, so we could try to predict whether or not, there might be any landmines we wanted to navigate around or types of things. We're thankful to be at this point, and we're hoping to be able to pull the rest of the state along and then maybe approach this at the state level collectively. MR. ONISHL My last thing is, it was mentioned about different nations like Russia was brought up and so forth. But truthfully are they really giving the women their rights or are they just—because I can picture like China. MS. GOMES: Signoff, and then ? MR. ONISHL Right,just to make it look good, but are they really doing it? Page 12 Hawaii County Council-49 September 7,2016 MS. GOMES: And that I don't know, I didn't look into that. However, I do want to say that regardless of what the other nations are or aren't doing with CEDAW, I think this is the leverage we need to be able to enact action for our county. MR. ONISHL Right. Okay, so after this then it's like getting all the rest of the counties and then working with the state. MS. GOMES: Multiple steps. MR. ONISHI: Good. Right on. Thank you. MS. GOMES: Thank you. CHR KANUHA: Thank you, Mr. Onishi. Still on first round, Council Members. Ms. Wille. MS. WILLE: You might of notice a few of us won't be here next term, when the State Legislature is going on. So I'm sure whether it's Fresh, myself, or Greggor that there might be things that we can assist on at a state level if you communicate what those are to all of us. And I wanted to just follow up really quick on one point that Council Member Onishi bought up, and that's on the domestic violence. And that's where, well why doesn't the woman leave? You know, it's her fault she stayed there, she shouldn't get banged around. One of the consolations that we see and the Prosecutor's Office sees and the Police, is that then you ask the woman to leave. Okay, taking the kids with her, where does she go if she has nowhere to go? And then it's if you don't leave then we're going to take your kids, and put them in foster care. And they're there, and then we have a high incidence of them running away and committing suicide. So by doing it, always with that there's the oppressor and the oppressed. And I look at particularly North Hawaii, we don't have any safe houses. It's all take a bus and go get services in Hilo or Kona. You know, you move people from the family, and you also see women, if they report it they're going get punished one way or another. So I think it is complex and trying to figure out with the courts, the prosecutors, so that we're dealing with those family consolations almost as a neighborhood board. How do you mobilize a neighborhood to where they're not going to go to the police? I do see there's more money for police training in this area, where there's been difficulties in that area. But these issues are complex and require complex solutions. The bottom line is it's shameful that the U.S. hasn't signed on to this. It's a disgrace, and that's the simple reality there. But let's now work on how we can walls the walls here on this island and statewide. Thank you. Page 13 Hawaii County Council-49 September 7,2016 MS. GOMES: Right, thank you. CHR KANUHA: Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chairman. Ms. Gomes, I just wanted to share a little bit of my thoughts with you, because I really admire the fact that you're taking the stand and pushing this forward. I don't see enough young people doing the same thing, especially what you're trying to do. After talking to you, I realize your main thing is to really empower women. To really teach them the confidence that they can have, the potential they do have. This is a way for you to do it. One of the things I've been thinking about in trying to see where you're headed, I noticed and I like your strategy in starting locally to have a worldwide affect. I heard one of the things that a Council Member said, Mr. Onishi, regarding HSAC. And I'm not sure if you know what HSAC is, so I'm just going to explain a little bit about what HSAC is. Because I feel like what you're trying to do is enact legislation like a resolution for each county, and have that come out as a state. Well HSAC is the Hawaii State Association of Counties, it's all four counties made up for the whole entire state that comes together and make decisions collaboratively, united as a four counties. And what they do is they try to lobby the state legislature. One of the things that I've heard you say is that you talked to one of the Council Members in Oahu, and that's another fellow young elected. I'm not sure if you've reached out to Maui or Kauai, but one of the things that you could do is go to an HSAC meeting. And Council Member Onishi is the best person to pick his mind with that because of the fact that he is our HSAC representative. And he navigated through that many times, and knows the ins and outs of that. But if that is what you're doing, I just need a verification. Are you trying to have resolutions passed in each county? Is Hawaii County the start? What's your next step after this resolution has passed? MS. GOMES: So Honolulu City and County has already passed their ordinance, so we are the second one. I don't want to speak on behalf of Maui and Kauai, but when we were at the national conference on Oahu this past summer we did have conversations with some of their members. In fact the Hawaii State Commission on the Status of Women Chair is a resident of Maui, so we definitely feel like we have some partners on the other islands. It's a matter of supporting them in the efforts, because as you can see based on the testimony that we bought forward today, it is a networking in progress type of thing. You need to have people who are well versed on the issue, and who knows what the challenges as well as what the potential benefits are to be able to come forward and feel comfortable in speaking out on behalf of their organizations. I Page 14 Hawaii County Council-49 September 7,2016 do believe that is a vision for Hawaii State Commission on the Status of Women, and we do it one county at a time here. I was mentioning to some of the Council Members on break oh, no, maybe some of the audience members, that there are other cities across the nation that already have their local CEDAW's. I believe it's also mentioned in the resolution. Over time if it takes over 70 years maybe that's what it takes, is multiple cities across the nation all forming their own local version of CEDAW. And then a Council Member being courageous enough to offer a bill at the federal level to get to the United States to finally sign on. I am a realist more than an optimist, and so the 70 year mark does not really surprise me based on historic issues related to women's rights. Like I said earlier, if we do nothing it changes nothing. MR. ILAGAN: Well I'm glad you're carrying it on here for this county. And I hope when you continuously meet other women and young people in Maui and Kauai that you encourage them, and share your story of how you worked with Council Member Poindexter and making this happen. I just want to say I admire your actions, and I know you're going to have great future. And continue coming to the County Council, and I love seeing your face here. Thank you. MS. GOMES: Thank you. CHR KANUHA: Ms. Eoff MS. EOFF: Thank you, Mr. Chair. Just one more brief comment. First of all thank you for your advocacy, and for all of your years of delving into issues that you're so passionate about. Maybe at this point and time with a woman being a potential candidate for president of the United States, you may not have to wait too much longer for the United States to take a position. MS. GOMES: Maybe. Thank you. CHR KANUHA: Anyone else, Council Members? Just real briefly, mahalo Farrah-Marie. And thank you, Val, for introducing this, and putting this on the Council for us to push forward on the Hawaii Island. I'm in this leadership position so thanks for that. All in favor of the motion to approve Resolution 568-16 say "aye." Page 15 Hawaii County Council-49 September 7,2016 Vote on Res. 568-16: The motion to adopt Res. 568-16 and Governmental Relations (Adopted) and Economic Development Committee Report No. 7 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Mr. Clerk, Resolution 592-16. Res. 592-16: POSTPONES COUNCIL ACTION ON REZONING APPLICATIONS IN THE HAMAKUA DISTRICT, WAIPI`O THROUGH KAIWIKI, UNTIL THE HAMAKUA COMMUNITY DEVELOPMENT PLAN IS ADOPTED BY ORDINANCE, OR UNTIL JUNE 30, 2017, WHICHEVER SHALL OCCUR FIRST Seeks to demonstrate the County's commitment to the Community Development process as a guiding principle for well-planned and responsible future growth in the Hamakua district. Reference: Comm. 980 Intr. by: Ms. Poindexter Approve: PC-72 Motion to Approve: Ms. Poindexter moved to adopt Res. 592-16 and Planning Committee Report No. 72. Seconded by Ms. David. CHR KANUHA: Ms. Poindexter. MS. POINDEXTER: Yes, and again, like the resolution before this we spoke so much of this at the committee level. You still may have some questions now at the Council level, so I'm not going to speak. You know where I come from, I'm asking for your support on this. You've heard the testimonies that have come before us at the committee level, as well from the people all the way from Waipi`o to our Wailuku River area. My whole coastline. Please remember their testimony and those that have come before you today. But I want to hear what you have to discuss, and then I can address some of your concerns as well. I yield at this time. CHR KANUHA: Ms. Wille. MS. WILLE: I very much support this legislation. It was seven years ago I worked on the South Kohala CDP (Community Development Plan), and was Page 16 Hawaii County Council-49 September 7,2016 following what was going on the Puna CDP and North Kohala CDP. And members of the Honoka`a community came to me, and we talked about getting the Hamakua plan going. And I tried to give my support where I could. I just find it really disgraceful that it's taking this long. I followed a lot of the meetings initially, this is before I was in Council. At one point the consultant had a draft ready to go to the committee, and it was held up seemed like a year in the Planning Department and endlessly. I know there's a lot of communities and a lot of work, but I feel there's a pattern here. This administration has not been all that supportive of the CDP's. And starting from when I drafted a charter amendment to try and get them memorialized in our charter, and it was the Corporation Counsel not the current director of planning, but then director of planning opposed that. So I just think that the whole thing, and I think some of the testimonies said this, is community involvement in major decisions being made there. And what the result is that it's being kept out. I resent the unions coming here and opposing this, as if it's minimizing the importance of having that community voice. So really I'm supporting this as a matter of supporting the community and being able to play a role in it. And it's gone on long enough, and by having the moratorium hopefully that would urge all to get together and make it happen. You know, Ms. Poindexter was generous enough to put an end date on it that it's temporary. If I had drafted it, it probably would have not had that. I urge your support, I mean this should be a no-brainer. And one can up with this that and the other arguments, but really to me it follows like the previous legislation. Thank you, Ms. Poindexter. CHR KANUHA: Mr. Onishi. MR. ONISHL Thank you, Mr. Chair. You know, I've just got to make a comment on that last part. It had to get an ending, because the CDP is going to come into effect if the Council passes it. So why are you going to have a resolution with the moratorium so that has to end, but just to make it clear to the public. Director Kanuha, can you please come up? (Note: At this time, Planning Director Duane Kanuha came forward to address the members of the Council.) DIR. KANUHA: Good morning members of the Council, Duane Kanuha, Planning Director. MR. ONISHL Is there any proposals or any applications that are going to be coming in, or that are in right now for that certain area? Page 17 Hawaii County Council-49 September 7,2016 DIR. KANUHA: There not a significant number of proposals, actually there's very little. And to go further, I don't anticipate any applications for a whole lot of change of zones. MR. ONISHL And my other question would be, you know, there is a process, right. So when someone who wants to come in and rezone property, it goes through you and to the Windward Planning Commission, and then after that it comes to the Council. DIR KANUHA: That's correct. MR. ONISHL So by having that process do you feel that, and I know this administration is terming out in December 5. Do you think this is important right now or we already have this process done, so there is a check in balance where the community can come out and voice their opinions? DIR KANUHA: There's always that process you know, whether there's a CDP involved or not. I think as I stated at the committee level, my understanding of this resolution is that it's basically only directed at Council actions, yeah. So it doesn't preclude us from accepting applications. But what we'll do is in the process of analyzing the applications, we'll just note that there's a resolution regarding that. MR. ONISHL This resolution is basically to the Council, so it's up to the Council to either move it forward or not, right? DIR KANUHA: Correct. MR. ONISHL There's the good and bad of it, but then the new Council could also just vote it down. Because if they listen to the Council Member in the district, and if that Council Member gives a negative recommendation then most times the Council is going to follow. And I had enough questions with you, so I just wanted to make a comment. I don't know it could be to the Council, right. Because then it's going to go through its process, and then it's going to come to the Council. Then depending on the Council Chair, or the Committee Chair to decide what they want to do with that legislation. It could go either way, I'm kind of like thinking that maybe we don't really need it. Because the next Council, you guys are going to decide on it anyway. Thank you, thanks Director. CHR KANUHA: Ms. David. MS. DAVID: Mahalo, Chair. Aloha, good morning, Director Kanuha. Thank you for being here this morning. I just needed to clarify a few questions that I had, and I think with you first. This does not prevent anyone from coming before like Mr. Onishi said, before your department and making an application. Page 18 Hawaii County Council-49 September 7,2016 DIR. KANUHA: That's my understanding, correct. MS DAVID: Thank you. So my question would be within your process while this resolution is in effect, what would your department be informing applicants? Say if they come in for rezoning, and then six months or down the road the CDP becomes adopted. And provisions not necessarily existed when the applicant made their application. What would they be required to do? Would they be required to follow the CDP after the fact, or will they be required to be grandfather on what was existing? I think we had a conversation, but I think for me it needs to be made clear to the people when they do come in that this resolution, number one, is pending. And what are their rights, should they move forward with an application after the fact? DIR KANUHA: Well the answer to that is, it still rests with the Council. Because the process means it will still make it's a way to the Council. If the Council follows the resolution, then whoever comes in with an application and we process the application, then the Council would, the way that I understand the wording of the resolution would have to act to postpone that application at the Council level. MS. DAVID: Right, I understand that but after the postponement you have these applications that are in limbo basically pending the adoption of the CDP. So when they came in certain provisions might not have existed that would apply to their application, how would that be treated in processing their application once the CDP is adopted? DIR KANUHA: Well the application would have been processed, okay, but it would be postponed at the Council level. So let's assume that Hamakua CDP is adopted, and there are changes in that adoption of the CDP that either support the change of zone application that's been postponed, or doesn't support the change of zone application that's been postponed. So then it's still up to the Council. MS. DAVID: I see. So it would be a decision ultimately to rest with the Council, whether their application needs to conform to their CDP as adopted. DIR KANUHA: That's correct. Actually that's a basic intent of this resolution. MS. DAVID: I see. Thank you for clarifying that. And I believe this does not prevent any application from coming before the Council, it just gives us the ability to receive it. And if willing, this body can postpone it in accordance with the resolution. DIR KANUHA: That's correct. Page 19 Hawaii County Council-49 September 7,2016 MS. DAVID: Okay, thank you very much. I'm done with asking you questions, but Chair I have just a question or point of clarification. I'm looking at the committee report, and I'm not sure if I'm able to make that correction. There's a mistake or an error that I'd like make a notation for an amendment. Would I be able to do that right now on the record? CHR KANUHA: Yeah. Just state exactly what is happening in the committee report. MS. DAVID: On the fifth paragraph down where is says, Ms. David reflected on the North Kohala CDP process, I was referring to the North and South Kona CDP process. And not Kohala, that's not my district. CHR KANUHA: Thank you,just noted for the record. MS. DAVID: Yes, thank you very much. Mahalo, I yield. CHR KANUHA: Mr. Chung. MR. CHUNG: Yeah, I'm going to be supporting this. I mean I have no problem with it, it is as I stated earlier a nonbinding resolution. You know, if something pressing comes up, you know, we certainly can see fit to approve it depending on the circumstances. I'm just really concerned about one thing, the precedent setting nature of something like this. Of course it's not an ordinance, doesn't have the force and effect of law. It seems to imply that it's going to be like a moratorium, okay, and I'm not really fond of moratoriums quite frankly. And to Ms. Poindexter's credit, she did put a drop dead date on all of that. Realistically I think we're not going to have any adverse effect based on what you tell us, no applications presently pending. Takes a while to process these applications anyways, so you know, come nine months. But even so, I think nine months is probably too long. I'm still going to vote for it, but I just wanted to let you guys know I think from a legal standpoint that might be a bit too long too, to have something like this is a nonbinding resolution. Just wanted to state all of those concerns for the record. But I still support it. Thank you. CHR KANUHA: Thank you, Mr. Chung. Council Members, any other discussion? Oh, sorry, Ms. Eoff MS. EOFF: Thank you. Just to add, I think it was stated by members of the CDP action committee that they're hoping to finalize the CDP sooner than nine months. So it may not be that long. I just wanted to say that I support this as well, I think this is the right thing to do. I want to thank the testifiers for expressing very eloquently, the good reasons. We have to remember that preservation, and other objectives in the CDP that may change where certain Page 20 Hawaii County Council-49 September 7,2016 developments are likely to occur. Shouldn't be looked at as a negative, I think in the future in the long run we need to do all we can to make sure that development is in the correct areas for our small island such as this. Once we move forward with development it can't be undone, so I think that this prudent to hear from the community to make sure that the goals and objectives of the CDP are looked at carefully. I did have one more question for Director Kanuha. Normally when an application does get processed, and you said you would probably accept applications even during this time period. The department and then the commission puts on background comments, and sometimes we look to those to make sure that it is consistent with either the General Plan or CDP. So I would assume that your staff and the Director of Planning would be familiar with what is going on with the Hamakua CDP, so that those kinds of thoughts couldI'm getting back to what Ms. David was looking for—could get incorporated into some kind of background comment. So that as Council looks at these things down the line, we would know that it either was consistent or if things change with the CDP, we'll be on the look out to see where maybe it isn't anymore. DIR. KANUHA: Yeah, that's correct. I think I stated that earlier that it would incorporate the reso itself, right. In our analysis and in the background, so that gets provided to the Planning Commission when they make their recommendations to the Council. MS. EOFF: Okay, thank you. CHR KANUHA: Thank you. Mr. Paleka. MR. PALEKA: Yeah. I just have a few questions, because I was not here during the Planning Committee. Director Kanuha, has this ever been done before? DIR KANUHA: I think a similar resolution was put forth for the Kona CDP. MR. PALEKA: Alright. And basically the department is in support of this resolution? DIR KANUHA: I don't have a problem with it. I mean as you can see from the discussion it really doesn't affect how the process is currently done today, it just gives more direction to the Council in this particular area. MR. PALEKA: By respecting our CDPs, I can see wanting to wait until the CDP for Hamakua is enacted or adopted. However there always is that concern of individuals that are enqueue that might be held back a little bit, but we have none that are currently awaiting? Page 21 Hawaii County Council-49 September 7,2016 DIR. KANUHA: Let me state it this way. If Hamakua was an area in such transition that it appeared to me there were a significant number of applications that were coming in for zone changes or whatever to try and beat the adoption of the CDP, then I think, I would be real supportive of something like this. MR. PALEKA: Thank you, Director. CHR KANUHA: Thank you. Council Members, before I give the floor back to Ms. Poindexter to finish us up? Okay, Ms. Poindexter. MS. POINDEXTER: And I appreciate all the comments. I think this is just being proactive, and at this time none of us have the CDP before us as a guideline to help us make our decisions. Neither does the commission, so this is in place so that we can respect a lot of work that has gone into the CDP and respect the people's voices. The process that Council Member Onishi talked about earlier that is in place, there is a process in place, but it doesn't include the CDP at this time. That's why we're saying we are so close, and we want to make sure that there are no unintended consequences by allowing something to go through. When I meet with some of the people throughout Hamakua, their concerns were like we're developing in areas that we're destroying Hawksbill turtle. So I went to look is up, and it says the box bill can be found in tropical and subtropical regions throughout the world. In Hawaii a few females nest each year on Maui and Molokai. But the majority of the Hawksbill nesting in the Hawaiian Island takes place on the Big Island of Hawaii, and it says the Hamakua Coast of Hawaii has been identified as important foraging ground for the Hawaiian Hawksbill. There's so many things. And in the CDP they talk about preserving Ag, there's so many things going on. Our cliff side studies that need to be done in Hamakua so that we can protect our endangered species. I feel this is a small step in the right direction, I shouldn't say small step. It's a big step, because we are respecting the voices of our people and the concerns to protect what we have. It's not just the people living in—it's our surroundings. We look at the opihi's, you heard somebody testify about that. Not only the opihi's, but opai's, I mean all the things that I grew up had—you know, growing up to eat all these things. We didn't have to go purchase, we were out there fishing and hunting. So this is the right direction, I think, that we're moving into, and I ask for all of your support. Thank you. CHR KANUHA: Thank you. Okay just briefly, I also support this. You know, as it was stated earlier it's a nonbinding resolution, and saying that the Council will look at this with serious intent. I mean we do this with almost every rezoning as well, and we look to the district representative for guidance on what comes Page 22 Hawaii County Council-49 September 7,2016 before us in the rezoning. How they think the community should look now and in the future. I think this just sets a little stronger message that this will be looked at with a lot more scrutiny on the Council side. So I support the intent of Ms. Poindexter's resolution and from there we can go with the vote. All in favor of the motion to approve Resolution 592-16 say "aye." Vote on Res. 592-16: The motion to adopt Res. 592-16 was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Paleka, Poindexter, Wille, and Chair Kanuha—8. Noes: Council Member Onishi— 1. Absent: None. Excused: None. CHR KANUHA: Mr. Onishi, was "no." Mr. Clerk, I did have a request to take one out of order. If we could Resolution 604-16. 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. 604-16: AUTHORIZES THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF HAWAII, THE CITY AND COUNTY OF HONOLULU, THE COUNTY OF KAUAI, AND THE COUNTY OF MAUI FOR COST SHARING IN EXPERT WITNESS CONSULTATION SERVICES WITH MATTERS RELATING TO THE BARGAINING UNIT 11 (FIREFIGHTERS) INTEREST ARBITRATION Reference: Comm. 996 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 604-16. Seconded by Mr. Paleka. CHR KANUHA: Ms. Eoff MS. EOFF: I'm going to ask Corporation Counsel Schlueter to please come forward. (Note: At this time, Deputy Corporation Counsel Christopher Schlueter came forward to address the members of the Council.) MS. EOFF: Thank you, and thank you for waiting all morning. Page 23 Hawaii County Council-49 September 7,2016 MR. SCHLUETER: You're welcome. MS. EOFF: I'm going to ask you to please give us just a brief background of why we need to do this. MR. SCHLUETER: Sure. The counties and the state are entering into phases where they're negotiating new bargaining units with the unions. Bargaining Unit 11, the Firefighters, is the first negotiation that's taking place. I would have asked to meet in December or January of next year. It's important for the parties involved to have experts to testify relative to economic issues. The resolution I presented for your consideration, basically request that the call-sharing be distributed among the various counties and the state to basically save money and benefit all parties involved, or all counties and state. The expert that we wish to retain is an economist. And he basically takes information given to us by the state and the county, and presents it at the arbitration. MS. EOFF: Thank you. I don't have any questions. CHR KANUHA: Mr. Onishi. MR. ONISHL Thank you, Mr. Chair. So this negotiation or this court proceeding or whatever, it's for like the captains and below? MR. SCHLUETER: It's basically for any Bargaining Unit 11 member. The terms of their employment and basically they're requesting a cost increase, or raises in certain parameters. But anybody within the Bargaining Unit 11 in Firefighters is MR. ONISHL Two, like two drivers, or whatever. MR. SCHLUETER: Yes. MR. ONISHL Okay. So it's not like something where it's for someone any higher than a captain? MR. SCHLUETER: It's basically non-managerial. MR. ONISHL Okay, got it. And the last thing is the state or the governor had announced about the surplus, which some people say there's really no surplus. But if there is, that doesn't help with the government side with this arbitration or with what's happening. Page 24 Hawaii County Council-49 September 7,2016 MR. SCHLUETER: Without getting into the merits and the topics of that discussion, the union is basically asking for increases and the counties and the state is basically saying it's an affordability issue. MR. ONISHL Okay. So it went through arbitration? MR. SCHLUETER: It went through a negotiation process, but we're going through an arbitration. It's more than likely there'll be an arbitration where testimony and evidence is taken and considered by a three panel crew. MR. ONISHL Okay. So it didn't go through arbitration yet. MR. SCHLUETER: Did not. MR. ONISHL Oh, okay. Is it going to the court? MR. SCHLUETER: It's going to an arbitration. It's non-judicial, so it's outside the courts. MR. ONISHL Okay, but this is the first time you folks are coming to us, because other arbitrations it went without MR. SCHLUETER: This one is somewhat unique, because there's an attorney being hired privately to represent all the counties except ours. So I'll be the attorney representative. Out of the abundance of caution and in accordance with HRS 46-7 (Hawai`i Revised Statutes), all jurisdictions wanted to present a resolution before their county councils for an intergovernmental agreement. So there's going to be cost sharing for the attorney that's going to be hired, Bob Cates is the name that's being presented right now. Out of the abundance of caution, I present this resolution to stay in accordance with 46-7 just so we didn't bog down the process. I didn't want there to be any type of problem with retaining an expert in this case, and there would be a cost sharing. So that's basically why I presented the resolution. MR. ONISHL Okay. The negotiations I guess fell through so now it's going through proposed arbitration, and then after that there's that impasse? MR. SCHLUETER: An impasse has been declared already, but negotiations continue. It looks like we'll have an arbitration. MR. ONISHL So it's like negotiation, the impasse, and then arbitration? MR. SCHLUETER: It's more of an HR (Human Resource) type. The Human Resources and the employer negotiates with the union, and our office gets Page 25 Hawaii County Council-49 September 7,2016 involved in the later end. It's my understanding that an impasse was declared, and they can't reach an agreement basically. We're in a planning posture right now to prepare for the arbitration. MR. ONISHL And this is just to inform the public of what's going on, because since we're being televised at least they know what the process is, right. So they won't get confused on what's happening. Thank you, for your help. MR. SCHLUETER: You're welcome. CHR KANUHA: Ms. Wille. MS. WILLE: Just remind me on the last where we did binding arbitration. And that had to do with a different group. I'm just trying to see this isn't part of the firefighters, or this group eleven whatever, those units were not part of that? MR. SCHLUETER: That's correct. The last bargaining unit that went to arbitration was the Water Safety Officers and the Sheriffs. That was the most recent bargaining unit. MS. WILLE: Okay. And before that it was the police, I mean wasn't it? We haven't had any other firefighters. MR. SCHLUETER: I don't know the exact timeframes, but I do know the last one was the Water Safety Officers. I think it was BU3. MS. WILLE: Right. That was relatively recently, but I'm thinking of a year ago or more. So this resolution is just specific to hiring an outside consultant to be providing expert input on the economic issues on the pay issues. MR. SCHLUETER: That's right. MS. WILLE: And how transparent is this process? Is the public aware of what, you know, here's the salaries right now, here's what is being asked? I mean how transparent is it, I mean I don't know what it is. I don't know whether they're asking to go up from $50,000 to $60,000 or from $100,000 to $150,000. I mean, I have absolutely no idea what the context of this discussion is. MR. SCHLUETER: I'm not sure how to exactly answer your question. But I know at arbitration there's a transcript held, so I don't know how a member of the public would gain access to that. I do believe that the ultimate decision by the arbitrator would be available to the public. MS. WILLE: I think when we were discussing what I'm thinking of like a year or two ago, and it was the counties working with the state, we're all working as a Page 26 Hawaii County Council-49 September 7,2016 unit which has its advantages and disadvantages. I think in that negotiation, I kept thinking the compensation was going to go up eight percent or something like that, then it ends up adding all different things. We're taking one little slice out of a process here that's a bigger picture, and we'll have a big impact on the county and the revenue and what the cost is. I just didn't know, you know, when we talked about open government and letting people know what's going on, if someone wanted to know more do they have any access, or do we just get binding arbitration, here's the decision? The last time on the police, okay, we went with what the union said and not with what the county or state argued. I'm not trying to take sides, what's right. In terms of transparence is this basically all behind closed doors, and then that arbitrator announces, "Here is what I decided," and that's it because it can't be appealed to the court, because it's non-judicial. MR. SCHLUETER: I believe that the arbitration is governed by the collective bargaining agreement negotiated between the employers and the union, so it's encapsulated in that regard. Going back to the resolution, I think it's a benefit to the public and taxpayers in general to have it well prepared employer side, so we can present evidence to the arbitrator and the panel. That's kind of my highlight. MS. WILLE: I appreciate that highlight. I do support it, and I was really just trying to put some context around it. Certainly here having someone that's knowledgeable helping, you all know what iswe were trying to come out with what's fair. And the more knowledgeable, and more informed there is. I support it. Just trying to understand the process a little better, and understand it from the point of view of the public and the taxpaying public and what's going on. Thank you. MR. SCHLUETER: Thank you. CHR KANUHA: Mr. Paleka. MR. PALEKA: Good morning. MR. SCHLUETER: Good morning. MR PALEKA: All righty. Is there an arbitrator selected already? MR. SCHLUETER: There's a three arbitration panel and the employer, and the union has selected a chief negotiator. I believe there was an arbitrator selected, I believe his name is Mr. Gaba. MR. PALEKA: And before the impasse was there, an amount percentage-wise that was kind of Page 27 Hawaii County Council-49 September 7,2016 MR. SCHLUETER: I believe both sides negotiated and discussed topic areas, but I wasn't privy to that. I wasn't part of these negotiations. MR. PALEKA: And it's hard to get that information? MR. SCHLUETER: Typically the employers, and Human Resources representatives are tasked with that assignment. Our office is built in later in the process and impasse is reached. MR. PALEKA: Can we get that information regarding when the impasse was in terms of a percentage of increase? MR. SCHLUETER: If we did get into that topic area, it probably would be proper for an executive session. MR. PALEKA: Okay. Were there any other items that were creating an impasse, besides increasing salaries? MR. SCHLUETER: To be general there are topic areas that the union was to negotiate, which the employer rejected as a prohibited area. So basically there's certain topic areas that employer wishes to negotiate which the employer rejected because we would be considered to be a MR. PALEKA: Employers rights. MR. SCHLUETER: That's right. MR. PALEKA: Managements rights. Okay, all righty. No, I'm not opposed to getting an expert to provide information for negotiation. I just wish you folks well. I do appreciate our firefighters and their collective bargaining rights. I'm sure it will work itself out. Thank you. MR. SCHLUETER: Thank you. CHR KANUHA: Thank you, Mr. Paleka. Council Members, any other discussion before I ask for the vote? Thanks, Chris, for all that you do. You know, as Mr. Onishi said, doesn't help the employers cause with the billion dollar surplus from the state. We'll see what happens with that. Thank you, and thank you to all the members of the Fire Department who work really, really, hard as we saw this past week at the Sierra Foundation. Mahalo to everybody involved in this. Everybody needs to see a fair outcome for all involved, so thank you. Members all in favor of the motion to approve Resolution 604-16 say "aye." Page 28 Hawaii County Council-49 September 7,2016 Vote on Res. 604-16: The motion to adopt Res. 604-16 was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes, thank you. MR. SCHLUETER: Thank you. CHR KANUHA: We also have Chief here, so if we could Mr. Clerk, take Resolution 613-16 out of order. Res. 613-16: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO REPLACE SELF-CONTAINED BREATHING APPARATUS (SOBA) Authorizes the Mayor to enter into an agreement with Homeland Security— Federal Emergency Management Agency to enable the County to accept funds for the purchase of new SCBA to be used by the Hawaii Fire Department. Reference: Comm. 1011 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 613-16. Seconded by Mr. Paleka. CHR KANUHA: Ms. Eoff Again, we have Chief Rosario. MS. EOFF: Chief, would you like to come forward? (Note: At this time, Fire Chief Darren Rosario came forward to address the members of the Council.) CHIEF ROSARIO: Good afternoon, Darren Rosario, Fire Chief, Hawaii Fire Department. MS. EOFF: Okay, thank you. This is quite a large grant amount, so maybe you can just take a little bit of time to explain to us. Page 29 Hawaii County Council-49 September 7,2016 CHIEF ROSARIO: Yes. Right off the bat I want to thank Captain Jesse Ebersol, who was our lead grant writer for this grant. Ever since his inception after the September 11 attacks on the United States, this grant program came out from President Bush. We've applied every year. Basically we've been about ninety percent successful in bringing in funding to assist the Hawaii Fire Department in various aspects, training, or equipment. So basically this grant would definitely help us on a budgetary shortfall that we currently have, as you know in the fire service there's a lot of things that are mandates, equipment has to be updated. So the SCBA which stands for Self-Contain Breathing Apparatus, is what we wear whenever we go into an environment that is less than ideal for living conditions. In other words we need an internal air source so that we can continue. This would be a firefighting or hazmat situations. We needed to replace 211 units. All of ourSCBA's is governed by the National Fire Protection Association, which gives a life span of about 10 years. So we're at that life span already that needs to be replaced. There's been tons of technology updates to the SCBA that makes it safer for a firefighter to conduct their work inside of a burning structure, or a confined space area. So this grant allows the county to receive $1.3 million in exchange for putting in $136,000, because it's a 90 percent federal grant with a ten percent county share. What this does in essence is through this grant program allows me not to have to put in a supplemental budget request for $1.3 million, actually $1.5 million. So we're very fortunate for it, and once again I want to thank Captain Jesse Ebersol, and Mayor Kenoi for his support for us to continue to put in applications. Just really proud of our team for continuing to look for alternative funding sources, because every single dollar that we can bring in from outside sources helps the county overall. More money can go to other areas of the department, or other departments and the community as well. I hope I answered that question on what the equipment is, and I want to thank all the Council Members here today for their support. MS. EOFF: Thank you. That was a very good explanation. I just wanted to echo what you said, and congratulate you and Jesse. Thank you for saving us this much money, and replacing very vital equipment for the firefighters. Thank you. CHR KANUHA: Thank you, Ms. Eoff. Council Members, any other discussion? Okay. Also wanted to thank Jesse, you know, all you hear is like these grants coming out from Jesse Ebersol. So I think we need to recruit him for a lot more grant writing. CHIEF ROSARIO: Yeah, you know, he's one of many that do grant writing. I myself, we all pitch in to do it. A Lot of people ask us about, "You guys are so Page 30 Hawaii County Council-49 September 7,2016 successful. Who is your grant writer?" Thinking that we have a specific position, but we don't. And it's a lot of it, because these grants are reviewed and approved by peer grant reviewers. So I'm a peer grant reviewer, I go to Baltimore Maryland wherever it is and its members of the fire service that research the grants and do the approvals. So it's a big program, and I hope it's here to stay for a very long time. CHR KANUHA: Us too. Mahalo for that. CHIEF ROSARIO: Thank you. CHR KANUHA: Council Members, all in favor of approving Resolution 613-16 say "aye." Vote on Res. 613-16: The motion to adopt Res. 613-16 was carried by the following (Adopted) 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, can we go to the corresponding Bill 232? Bill 232: 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 —Assistance to Firefighters Grant account ($1,369,493); and appropriates the same to the Assistance to Firefighters Grant account. Funds would be used to purchase new self-contained breathing apparatus to be used by the Hawaii Fire Department. Reference: Comm. 1011 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to pass Bill 232 on first reading. Seconded by Mr. Paleka. CHR KANUHA: Any discussion Council Members? This was discussed in the previous resolution. Hearing or seeing none, all in favor of the motion to approve say "aye." Page 31 Hawaii County Council-49 September 7,2016 Vote on Bill 232: The motion to pass Bill 232 on first reading was carried by (Approved) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Thank you, Chief Was there any other ones that you were here for? Okay, thank you. Mr. Clerk, if we can just go to the top of the agenda, please. Resolution 596-16. Return to Order The Chair directed the Council to return to the order of business. of Business: Res. 596-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAMAKUA YOUTH FOUNDATION INC. FOR THE MULTICULTURAL AWARENESS PROGRAM Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 988 Intr. by: Ms. Poindexter Motion to Approve: Ms. Poindexter moved to adopt Res. 596-16. Seconded by Mr. Paleka. CHR KANUHA: Ms. Poindexter. MS. POINDEXTER: Yeah, I think the resolution is self-explanatory. I just ask for your support. CHR KANUHA: Thank you. Any other discussion Council Members? Hearing or seeing none, all in favor of the motion to approve say "aye." Page 32 Hawaii County Council-49 September 7,2016 Vote on Res. 596-16: The motion to adopt Res. 596-16 was carried by the following (Adopted) 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. 597-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE WREATHS TO BE PLACED AT THE WEST HAWAII VETERANS CEMETERY FOR THE NATIONAL WREATHS ACROSS AMERICA DAY ON DECEMBER 17, 2016 Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 989 Intr. by: Ms. Eoff Motion to Approve: Ms. Eoff moved to adopt Res. 597-16. Seconded by Mr. Paleka. CHR KANUHA: Ms. Eoff MS. EOFF: Thank you very much. Yes, this is I think the third year that I've been able to contribute to this Wreaths Across America. And it's very, very, very rewarding to see the Civil Air Patrol Cadets place the wreaths on every grave at the West Hawaii Veterans Cemetery. And to know that we're doing that in conjunction with across America, and all the Veterans Cemeteries. I've gone to the ceremony, and I urge any of you who are up early in the morning on that day to join us there. CHR KANUHA: When is it? MS. EOFF: December 17. Thank you very much, and I ask for your support. CHR KANUHA: Thank you, Ms. Eoff Council Members, any other discussion? Hearing or seeing none, all in favor of the motion to approve say Ic aye. Page 33 Hawaii County Council-49 September 7,2016 Vote on Res. 597-16: The motion to adopt Res. 597-16 was carried by the following (Adopted) 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. 598-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST WITH EXPENSES RELATED TO THE 2016 HAWAII ISLAND VETERANS DAY PARADE Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 990 Intr. by: Mr. Paleka Motion to Approve: Mr. Paleka moved to adopt Res. 598-16. Seconded by Ms. David. CHR KANUHA: Mr. Paleka. MR. PALEKA: Just asking for your support in this resolution, it's the least we can do for our veterans. Thank you. CHR KANUHA: Thank you, Mr. Paleka. Council Members, any other discussion? Hearing or seeing none, all in favor of the motion to approve say Ic aye. Page 34 Hawaii County Council-49 September 7,2016 Vote on Res. 598-16: The motion to adopt Res. 598-16 was carried by the following (Adopted) 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. 599-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST WITH EXPENSES RELATED TO THE 2016 HAWAII ISLAND VETERANS DAY PARADE Transfers $500 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. 991 Intr. by: Ms. Eoff Motion to Approve: Ms. Eoff moved to adopt Res. 599-16. Seconded by Ms. David. CHR KANUHA: Ms. Eoff MS. EOFF: Thank you. As Danny stated, and Debra Lewis who testified, I just wanted to contribute also to the Veterans Parade. CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Res. 599-16: The motion to adopt Res. 599-16 was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. Page 35 Hawaii County Council-49 September 7,2016 CHR KANUHA: Motion passes. Next item. Res. 600-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR MAINTENANCE EQUIPMENT FOR THE DEPARTMENT OF PARKS AND RECREATION Transfers $10,810 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Parks and Recreation, Maintenance Equipment account. Reference: Comm. 992 Intr. by: Mr. Onishi Motion to Approve: Mr. Onishi moved to adopt Res. 600-16. Seconded by Mr. Paleka. CHR KANUHA: Mr. Onishi. MR. ONISHL Thank you, Mr. Chair. This equipment is going to be for the carpentry shop, and also for the mechanic shop. And this will help for you guys in the future coming, okay. I ask for your support, thank you. CHR KANUHA: Thank you, Mr. Onishi. Council Members, any other discussion? Hearing or seeing none, all in favor of the motion to approve say Ic aye. Vote on Res. 600-16: The motion to adopt Res. 600-16 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. Page 36 Hawaii County Council-49 September 7,2016 Res. 601-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO SPECIAL OLYMPICS HAWAII INC. TO ASSIST EAST HAWAII ATHLETES WITH EXPENSES RELATED TO PARTICIPATION IN THE HOLIDAY CLASSIC GAMES ON OAHU Transfers $10,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 993 Intr. by: Ms. Poindexter Motion to Approve: Ms. Poindexter moved to adopt Res. 601-16. Seconded by Ms. David. CHR KANUHA: Ms. Poindexter. MS. POINDEXTER: This grant is just to help the Special Olympians participate in the holiday classic games, giving them that opportunity. 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." Vote on Res. 601-16: The motion to adopt Res. 601-16 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. Page 37 Hawaii County Council-49 September 7,2016 Res. 602-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO SPECIAL OLYMPICS HAWAII INC. TO ASSIST WEST HAWAII ATHLETES WITH EXPENSES ASSOCIATED WITH THE BIG ISLAND REGIONAL BOWLING TOURNAMENT AND ANNUAL AWARDS BANQUET Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 994 Intr. by: Ms. Eoff Motion to Approve: Ms. Eoff moved to adopt Res. 602-16. Seconded by Mr. Paleka. CHR KANUHA: Ms. Eoff MS. EOFF: Thank you. I just urge your support, thank you. CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all in favor say "aye." Vote on Res. 602-16: The motion to adopt Res. 602-16 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. Page 38 Hawaii County Council-49 September 7,2016 Res. 603-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO SPECIAL OLYMPICS HAWAII, INC., TO SUPPORT ITS BASKETBALL, BOCCE, AND BOWLING PROGRAMS IN WEST HAWAII Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 995 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 603-16. Seconded by Mr. Paleka. CHR KANUHA: Ms. David. MS. DAVID: Yes, thank you. I just would ask for your support to fund this important event. Mahalo. CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Res. 603-16: The motion to adopt Res. 603-16 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. Page 39 Hawaii County Council-49 September 7,2016 Res. 605-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE PURCHASE OF TWO PORTABLE GENERATOR/LIGHT UNITS FOR THE POLICE DEPARTMENT TO SERVICE HAMAKUA AND NORTH HILO Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Police Department, Hamakua Police Other Current Expenses account. Reference: Comm. 998 Intr. by: Ms. Poindexter Motion to Approve: Ms. Poindexter moved to adopt Res. 605-16. Seconded by Mr. Paleka. CHR KANUHA: Ms. Poindexter. MS. POINDEXTER: These portable generator lights are for the DUI (Driving Under the Influence) checkpoints. Because right now the DUI checkpoints has to be done where there's adequate lighting, and normally those are where the street lights occur in a neighborhood. So neighborhoods have been complaining that when a DUI checkpoints come into their neighborhood, there's all this smoke that they have to close all their windows because of the flares that they got to put up. Not only that, is that people have been kind of driving into their driveways and trying to hide out there because of the DUI checkpoint. So they're afraid of all of this activity that is happening in their small little private neighborhood, which is affecting them in that way. So we met with the Police Department, and talked about the portable lights to be able to take them out away from the communities. And a lot of times the communities are complaining too that people are calling their homes, and asking if there's a DUI checkpoint or road block by your community tonight. So it's to the benefit of our Police officers, as well as a benefit for our community members. So I ask 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." Page 40 Hawaii County Council-49 September 7,2016 Vote on Res. 605-16: The motion to adopt Res. 605-16 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. 606-16: 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 BOYS AND GIRLS CLUB OF THE BIG ISLAND TO ASSIST WITH EXPENSES RELATING TO THE NUTRITIONAL SNACK SUPPLEMENTATION PROGRAM Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Liquor Control, Public Programs account. Reference: Comm. 1001 Intr. by: Mr. Paleka Motion to Approve: Mr. Paleka moved to adopt Res. 606-16. Seconded by Ms. David. CHR KANUHA: Mr. Paleka. MR PALEKA: Yes, I'm just asking for your support. This is a well needed program for our Boys and Girls Club after school programs. Without this help it could put the program in jeopardy, and there's a lot of our kids in the Puna district that are being helped by this program. So I just ask 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." Page 41 Hawaii County Council-49 September 7,2016 Vote on Res. 606-16: The motion to adopt Res. 606-16 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. 607-16: 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 ISLAND HIV/AIDS FOUNDATION FOR EXPENSES RELATED TO IMPROVING ITS SERVICES IN WEST HAWAII Transfers $3,450 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Research and Development, Hawaii County Resource Center account. Reference: Comm. 1002 Intr. by: Ms. Eoff Motion to Approve: Ms. Eoff moved to adopt Res. 607-16. Seconded by Mr. Paleka. CHR KANUHA: Ms. Eoff MS. EOFF: Thank you. We heard from Bruce, and he explained what this is for already. They'll be able to draw blood right there at their facility in Kona. I think it's a really important step they're taking, and I'm glad to support it. Thank you. CHR KANUHA: Thank you, Ms. Eoff Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Res. 607-16: The motion to adopt Res. 607-16 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. Page 42 Hawaii County Council-49 September 7,2016 CHR KANUHA: Motion passes. Next item. Res. 608-16: 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 ISLAND HIV/AIDS FOUNDATION FOR EXPENSES RELATED TO IMPROVING ITS SERVICES IN WEST HAWAII Transfers $3,450 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Research and Development, Hawaii County Resource Center account. Reference: Comm. 1003 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 608-16. Seconded by Ms. Poindexter. CHR KANUHA: Ms. David. MS. DAVID: Yes, thank you, Chair. I don't want to repeat everything that was said, but I really believe that this contingency will help train two people from West Hawaii Aids Foundation to get certified. So that they can do testing on the west side, and help our citizens not having to travel to Hilo to get tested. Thank you very much. CHR KANUHA: Thank you, Ms. David. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Res. 608-16: The motion to adopt Res. 608-16 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. Page 43 Hawaii County Council-49 September 7,2016 Res. 609-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO COMMUNITY ENTERPRISES TO ASSIST WITH EXPENSES FOR WEST HAWAII COMMUNITY FORUMS Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Research and Development, Hawaii County Resource Center account. Reference: Comm. 1004 Intr. by: Ms. Eoff Motion to Approve: Ms. Eoff moved to adopt Res. 609-16. Seconded by Ms. David. CHR KANUHA: Ms. Eoff MS. EOFF: Thank you. As Ms. David, no relation to Council Member Ms. David, had said, Community Enterprise has really been effective in our community. They've grown over the years, and their forums now are very enlightening and highlight island issues as well as global issues. I wanted to support them so that they can continue to grow and engage our community in these events. Thank you, for your support. CHR KANUHA: Thank you, Ms. Eoff Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Res. 609-16: The motion to adopt Res. 609-16 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. Nest item. Page 44 Hawaii County Council-49 September 7,2016 Res. 610-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO COMMUNITY ENTERPRISES TO PAY FOR EXPENSES ASSOCIATED WITH CONDUCTING COMMUNITY FORUMS IN WEST HAWAII Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Research and Development, Hawaii County Resource Center account. Reference: Comm. 1005 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 610-16. Seconded by Mr. Paleka. CHR KANUHA: Ms. David. MS. DAVID: Yes, thank you. I really want to express that Community Enterprises did for the first time extend their services to South Kona, and they do a really excellent job in informing our community. So I urge your support, mahalo. CHR KANUHA: Thank you, Ms. David. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye.' Vote on Res. 610-16: The motion to adopt Res. 610-16 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, next item. Page 45 Hawaii County Council-49 September 7,2016 Res. 611-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST WITH EXPENSES RELATING TO THE 2016 HAWAII ISLAND VETERANS DAYPARADE Transfers $500 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 1006 Intr. by: Mr. Eagan Motion to Approve: Mr. Eagan moved to adopt Res. 611-16. Seconded by Mr. Paleka. CHR KANUHA: Go right ahead, Mr. Eagan MR. ILAGAN: I ask for your support. Thank you. CHR KANUHA: Thank you. Any other discussion, Council Members? Hearing or seeing none, all in favor of the motion say "aye." Vote on Res. 611-16: The motion to adopt Res. 611-16 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 46 Hawaii County Council-49 September 7,2016 Res. 614-16: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII, DEPARTMENT OF HEALTH, ALCOHOL AND DRUG ABUSE DIVISION, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE OFFICE OF THE PROSECUTING ATTORNEY Authorizes the Mayor to enter into an agreement to provide funds for community organization and the evaluation and planning of a substance abuse prevention system. Reference: Comm. 1012 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 614-19. Seconded by Mr. Paleka. CHR KANUHA: Ms. Eoff MS. EOFF: Thank you. These are funds coming in, so I just urge your support. CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all in favor of the motion say "aye." Vote on Res. 614-16: The motion to adopt Res. 614-16 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. 615-16: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTI-FUNCTION COPY MACHINE FOR THE DEPARTMENT OF FINANCE Authorizes the Mayor to enter into a five-year lease agreement for one multi- function copier for the Department's Treasury Division. Reference: Comm. 1013 Intr. by: Ms. Eoff Waived: FC Page 47 Hawaii County Council-49 September 7,2016 Motion to Approve: Ms. Eoff moved to adopt Res. 615-16. Seconded by Mr. Paleka. CHR KANUHA: Ms. Eoff MS. EOFF: Thank you. I believe their copy machine is old, cannot get parts, and about to expire. So they need this. CHR KANUHA: Thank you, Ms. Eoff Any discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Res. 615-16: The motion to adopt Res. 615 -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. 616-16: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR MULTI-YEAR LEASES FOR TWO MULTI-FUNCTION COPY MACHINES FOR THE DEPARTMENT OF HUMAN RESOURCES Authorizes the Mayor to enter into five-year lease agreements for two multi- function copiers. Reference: Comm. 1016 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 616-16. Seconded by Ms. David. CHR KANUHA: Ms. Eoff MS. EOFF: I believe this is the same situation, their machines are 10 years old, obsolete, and require frequent repairs. So we need to replace them. CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Page 48 Hawaii County Council-49 September 7,2016 Vote on Res. 616-16: The motion to adopt Res. 616 -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. 619-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BASIC IMAGE, INC., FOR THE 13TH ANNUAL HONOLI`I PAKA ALOHA HONUA SURFING CLASSIC AND VARIOUS PARK IMPROVEMENT PROJECTS Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 1018 Intr. by: Ms. Poindexter Motion to Approve: Ms. Poindexter moved to adopt Res. 619-16. Seconded by Ms. David. CHR KANUHA: Ms. Poindexter. MS. POINDEXTER: Yeah, and we heard Bradda Skibs come and testify. Great program and more on the resolution, I mean self-explanatory. I ask 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. 619-16: The motion to adopt Res. 619 -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. Page 49 Hawaii County Council-49 September 7,2016 CHR KANUHA: Motion passes. Next item. Res. 620-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BASIC IMAGE, INC., FOR THE 2017 HONOLI`I PAKA ALOHA HONUA SURFING CLASSIC AND VARIOUS PARK IMPROVEMENT PROJECTS Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 1019 Intr. by: Ms. Eoff Motion to Approve: Ms. Eoff moved to adopt Res. 620-16. Seconded by Ms. David. CHR KANUHA: Ms. Eoff MS. EOFF: Yes, I too wanted to support this. I supported surfing and beach clean ups, and many activities like this around our island. And I think it really helps the kids, so as Ms. Poindexter said, let's just support this. 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. 620-16: The motion to adopt Res. 620 -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, I'm going to skip Bill 229 for now and just finish the rest of them before we get there. But Mr. Clerk, can we go to Bill 233. BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): (Note: Bill 232 was taken up previously, out of order.) Page 50 Hawaii County Council-49 September 7,2016 Change Order As directed by the Chair and with no objections from the Council Members, the of Business: following items were taken out of order: Bill 233: AMENDS ORDINANCE NO. 16-72, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2017 Appropriates revenues in the Federal Grants —Substance Abuse Prevention Coordination account ($110,000); and appropriates the same to the Substance Abuse Prevention Coordination account. Funds would be used by the Office of the Prosecuting Attorney for community organization and the evaluation and planning of a substance abuse prevention system. Reference: Comm. 1012 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to pass Bill 233 on first reading. Seconded by Ms. David. CHR KANUHA: Ms. Eoff MS. EOFF: I don't have really anything more to add, except for that it's important for us to adopt. CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Bill 233: The motion to pass Bill 233 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. Mr. Clerk, Order of the Day, Bill 222. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of THE DAY the Day (Second or Final Reading). (SECOND OR FINAL READING): Page 51 Hawaii County Council-49 September 7,2016 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 First Reading: August 17, 2016 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Vote on Bill 222: Ms. Poindexter moved to pass Bill 222 on second and final (Adopted) reading. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Next item. 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 First Reading: August 17, 2016 Page 52 Hawaii County Council-49 September 7,2016 Motion to Approve: Ms. Eoff moved to pass Bill 225 on second and final reading. Seconded by Mr. Onishi. CHR KANUHA: Ms. Eoff MS. EOFF: Yeah, I think we had gone over this, but it's just to make an adjustment for an additional $1,586 that was included in the grant. CHR KANUHA: Thank you, Ms. Eoff Is there any other discussion? All in favor of the motion to approve say "aye." Vote on Bill 225: The motion to pass Bill 225 on second and final (Adopted) reading was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Bill 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 First Reading: August 17, 2016 Motion to Approve: Ms. Eoff moved to pass Bill 226 on second and final reading. Seconded by Mr. Onishi. CHR KANUHA: Any discussion? Ms. Eoff MS. EOFF: These are state funds coming in. CHR KANUHA: Any other discussion? All in favor of the motion to approve say "aye." Page 53 Hawaii County Council-49 September 7,2016 Vote on Bill 226: The motion to pass Bill 226 on second and final (Adopted) reading 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: Mr. Clerk, Reports. PSMTC-20 NOMINATION OF DENISE LAITINEN TO THE FIRE COMMISSION (Comm. 983): Vote on PSMTC-20: Ms. Wille moved to confirm the appointment of (Adopted) Denise Laitinen to the Fire Commission. Seconded by Mr. Paleka and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Council Members, its 12:00, you want to go to the last one, Bill 229? Okay, Mr. Clerk, Bill 229. Return to Order The Chair directed the Council to return to the order of business. of Business: Bill 229 AMENDS CHAPTER 18, ARTICLE 4, SECTION 18-90 OF THE HAWAII (Draft 2): COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO HELE-ON BUS FARES Adds a one-way fare of$4.00 for the Hele-On Kako`o Paratransit system, which provides transportation services to persons eligible through the Americans with Disabilities Act. Reference: Comm. 985.5 Intr. by: Mr. Paleka Approve: PSMTC-21 Page 54 Hawaii County Council-49 September 7,2016 Motion to Approve: Mr. Paleka moved to pass Bill 229, Draft 2, on first reading and adopt Public Safety and Mass Transit Committee Report No. 21. Seconded by Ms. David. CHR KANUHA: Mr. Paleka, you have the floor. MR. PALEKA: I'm aware we have an amendment, so I'll give the floor to my colleague, Mr. Onishi. CHR KANUHA: Thank you, Mr. Paleka. Mr. Onishi. MR. ONISHL Thank you, Mr. Chair. Yeah, I would like to make a motion to amend Bill 229. Motion to Amend: Mr. Onishi moved to amend Bill 229, Draft 2, with the contents of Comm. 985.6. Seconded by Mr. Paleka. CHR KANUHA: Mr. Onishi. MR. ONISHL Yeah, it's just with the services of the fares. What I did was, I made where it would be based on the individual with a disability. So right now we're charging them one dollar, and the fair would be twice the amount so it would be two dollars. That's it. So I'm asking for support, thank you. And I did also check with Tiffany, and Bill's here in case we have any questions. Tiffany was okay, when I met with her. CHR KANUHA: Thank you, Mr. Onishi. Discussion on the amendment? Ms. Wille. MS. WILLE: So where do we come up with this additional money? In other words, it's a small percentage of what the cost is to the county, and my understanding is you're doing this straight by disability and not by need. We all like to give gifts and make things cost less, but there's always those who—then we have to do without other programs, and it costs taxpayers more. So it seems that it is already a small amount of the cost for a service, which goes far beyond just ordinary Hele-On. I appreciate you wanting to be—you know, we all want to be good guys and give more benefits, and cut cost for everybody. But I'm not persuaded, I don't know maybe you can persuade me more. I'd like to hear what others say. You know, I tried to work on all of the Real Property bills, how we can save and how can we do this so that we can maybe give more benefits across the line. Every time we cut out revenue, somebody else is paying for it. So all those other people that are paying for it aren't here to represent them. And I'm just trying to Page 55 Hawaii County Council-49 September 7,2016 be that voice. I'm not weighing yes or no how I'm going to vote. I always have an issue where it'sas soon as we're going where we're providing this service, and we're providing it already at a great cost. You might say well, even if we charge this, we're only making this a no big deal, we're making half of that. Anyway I want to hear more on what everyone else has to say, and I am expressing my concerns. CHR KANUHA: Thank you. Mr. Paleka. MR. PALEKA: You know, I can appreciate that concern for the cost of the program. You know, I'm kind of looking at it in terms of perhaps we can do it as a promotional thing, to promote the program. My main concern was that it be implemented. The cost you can always work out. You know, when we first started our Hele On bus service, it was promoted free for a period of time. So I can see this matter being brought up before the next Council, it could be addressed in terms of the costs. I welcome the amendment. I can see how it's a good idea, and I can see Margaret's concern about cost for providing the program. Because like she said, when you provide one you ultimately take from another thing. But I see it as a good thing, you know, so I'm probably going to support this. That's just my mana`o. Mahalo. CHR KANUHA: Thank you. Ms. Eoff MS. EOFF: I'd just like to ask Corporation Counsel, Bill Brilhante a question. (Note: At this time Assistant Corporation Counsel William Brilhante came forward to address the members of the Council.) MR. BRILHANTE: Good afternoon, Assistant Corporation Counsel William Brilhante. Yes. MS. EOFF: I just wanted to ask you, are there any issues with the Americans for Disabilities Act within these changes that we should be aware of? MR. BRILHANTE: That's a very good question, Council Member Eoff If we look at the proposed language from the original submittal, there's some language in the bill that specifically references the requirements of the Americans with Disabilities Act. It says that the fare for a trip charge to an ADA paratransit eligible user of the complimentary paratransit service shall not exceed twice the fare that would be charged to an individual. I think we had this discussion the last time during committee. The fare that's set by the Americans with Disabilities Act is double that of the general fare, which is four dollars. So that's the celling, we cannot exceed that four dollar fare. We can go below the ceiling, we can go at four dollars, but we just can't go over. Page 56 Hawaii County Council-49 September 7,2016 MS. EOFF: So everything in here is going to be consistent then? MR. BRILHANTE: My understanding is the proposed amendment takes us back to the fare that we're currently charging disabled passengers, you know, outside of the complimentary paratransit service. And that's a one dollar fare, a special discount that takes us back Section 18-90(b)(2) (Hawai`i County Code). That takes us back to the one dollar fare, and we're saying we're going to double that. That will be the fee associated with the paratransit service, the proposed fee. MS. EOFF: Thank you. MR. BRILHANTE: Thank you. CHR KANUHA: Discussion on first round on the amendment. Okay, I can go back to Mr. Onishi. MR. ONISHL Okay. And just to answer what Ms. Wille mentioned. I could see, and I mentioned this before at the committee. I could see if this pricing, or this amount that we're collecting was something where it's like half of our expenses. And as you folks know, or you folks remember, it was mentioned that in July, I think there were like 52 trips or 50-something trips, right. And then their expense was at like $14,000, okay. So they're collecting—out of the 50 trips if you base it on four dollars that's $200, okay. So you have $14,000 in expense, you're collecting $400 it doesn't really put a dent within that $1,400. So what I looked at is because we had some testament about the disability people, you know, paying is already one dollar and now we're going to have to raise it to four dollars. You know, for them there was a little bit of concern, so that's why I wanted to bring it down and base it on what we're charging any disability person. But also you have to remember, there's an application that they have to fill out first to be screened to make sure they can utilize this. Not anybody will be able to use this transportation, you have to qualify. So I'm looking at now we're collecting $400 now we're going to collect $200, big deal. I mean the expense is still the same, it's only like $200 less. I don't see any problem. But like I said if it was like we was collecting $8,000 and now we're going to go down to like $4,000, then okay that's a big difference, right. But we're looking at it a different way, we're looking at hundreds of dollars. I'm just asking for your support. And if you don't want to vote for it, then don't vote it. Okay, and then we can just move this on. Thank you. CHR KANUHA: Thank you, Mr. Onishi. Ms. Wille. MS. WILLE: I appreciate all of that. I think that we're right now talking about the cost, or the minimum cost based on current usage, and the number of people Page 57 Hawaii County Council-49 September 7,2016 that have just come on. I mean our whole, you know, all of us baby boomers, you know, you start finding out about these things and doing it. This is not need based, this is disability based. So it's for anyone that has—like you said, there's an application, there's no financial criteria as I understand it. And we're talking okay it's no biggie, you know, right now here's the cost we only have x number of people who have been doing it. But that's not looking forward to the future, and what the potential use is, and what that potential number is. And I just want to warn you how difficult it is once you have a lower fee to take away a benefit. I mean take a look at Ag dedication, or any of the other issues in terms of real property. It's easy to go down, it's not easy to take away. Everyone else would be paying for this, everyone else would—every other taxpayer will subsidize this. And again, if you just said it's limited to x number of people, it's not going to be a big thing, then fine. I don't have a problem if this was being done on a promotional basis, what Council Member Paleka said. But you know, I also want you to think about, you know, what it is in terms of the potential usage. And maybe if Director Kai, could come up here. Tiffany can I get you to come up? I'm just trying to take a step forward and say this is the current impact, but what is the potential number of people that could be using this? And it's for each one of those where you say, you know, where it's costing us I'll check with our Director. Thank you for coming up, and maybe you both could introduce yourselves. (Note: At this time Director Tiffany Kai and Program Manager Karyle Yamane of Mass Transit Agency came forward to address the members of the Council.) MS. KAI: Tiffany Kai. MS. YAMANE: I'm Karyle Yamane. MS. WILLE: Okay, Karyle. Let me just ask, there's no need-based criteria, it's just disability based, correct? MS. YAMANE: Correct. MS. WILLE: Okay. So if you took our population that's projected that would be at that level, what is the potential number of people that could be using this service? MS. YAMANE: Actually that's another interesting thing you brought up. So each actually isn't a qualifying criteria as well. Because we actually have no hard Page 58 Hawaii County Council-49 September 7,2016 data to project what the numbers are going to be, we just have the numbers in for the last two months solid. So July had 52 trips, and then August it actually went up to 117. So it doubled since the last month. MS. WILLE: So it already doubled. MS. YAMANE: Correct. MS. WILLE: I'm just saying, and it's not aged based, it's not need based, it's purely, more, more MS. YAMANE: Functional. MS. WILLE: Yeah. The actual cost to the taxpayer, what was your rough number? I can't remember it. MS. YAMANE: For the month of July it cost us little over $14,000 for the service, and then now that we over doubled the trips it's now at $26,000. MS. WILLE: And that could jump each month. I'm not comfortable with this at this point, I would be happy to do something promotional, to get people introduced to it. You know, it's not like we've been getting our TAT (Transient Accommodations Tax) or anything else, there's so many things that we need services for. We're trying to also build up the Hele-On services, and upgrade it in terms of our whole emphasis. You know, I don't mean to sound like I'm a anti-disabled person, but I just want to take into account the impact on everybody else that isn't here that's going to pay for that really big service, that's not based on need. If you have any comments—like I said, what if we just did this on promotional basis to get people six months at this reduced rate. And like introduce it, but then we're goingI mean this is an extraordinary service. This is like giving people a private taxi service. And is it limited just to medical if they're going to medical? No. It's I'm going to the store, going to get my mail. You know, I appreciate the arguments, and I like to be a nice guy, I tend to be the mean guy, okay. But I just know how hard it is to take away from something, and this is going to be very costly. And you all are unable to sort of give me, Margaret it can't go pass 500 people, okay. If I had something there I'd be okay. But I don't know that. You know, we're really buying in. And then just from my experience on my task force, it is so hard to take away something once you've been given the benefit. Those are my reservations. Happy for those if it goes through, I think that it's not fair for the rest of the population that will pay for it. CHR KANUHA: Mr. Paleka. Page 59 Hawaii County Council-49 September 7,2016 MR. PALEKA: Hi. Good afternoon Director and Karyle. So it has gone up actually double then? I'm glad. How is the outlook for ADA qualifying grants, have we looked into that? MS. YAMANE: So what we started doing was, I started sending out survey to start collecting the demographic data on the population on the riders that have. So everybody that's been qualified for it received a survey, and we're still in the process of getting that back. So I think as the months go by and we see what type of data we collect, like income or other indicating factors here. We can see what other type of grants are out there that we can qualify for, so there is potential it can help subsidize the program. I'm hoping. MR. PALEKA: ADA is one of those areas where grants are very abundant, well wouldn't want to say abundant, but MS. YAMANE: Exactly. So now the hope is once we can collect this data and show exactly what our ridership is, who we're targeting. We have that much more confidence in getting those grants that are specific for our riders. And then who knows maybe we can get this thing—it would be great. MR. PALEKA: Yeah, I really do hope so. You know, in terms of trying to figure out is your department satisfied with this reduction? MS. KAI: It's not for us to decide but for the Council, whichever way it goes we will support the fares. You know, we're here just to get the fares on the books, so we can move forward with the program. If we do the two dollars as a promotional, I think that's a good idea as well. And then later maybe bump it up to the four dollar cap,just keep in mind that we cannot go more than the four dollars. MR. PALEKA: Correct. And in terms of the cost so far, do you foresee it going down if you get better in terms of procurement for services that—do you foresee it going down, the cost? MS. KAI: It's hard to point out if the cost will be, you know, in the next round when we do go out to bid, if we'll get a better price. The pricing that we have now, I believe is fair and reasonable. MR. PALEKA: Great. You know, my main concern is that the service is out there, and if it is for a limited time in terms of gathering the information that would qualify for grants. I think that's a great idea and opportunity, so I think I'm going to support this. Thank you. CHR KANUHA: Council Members, before I give Mr. Onishi the last say on this amendment. Ms. David. Page 60 Hawaii County Council-49 September 7,2016 MS DAVID: Yes, I have one question. If this becomes, or you'd like it to become a pilot project like we've been discussing, would that be something internal you'd be doing, or we would have to decide that at this point and time, and make it part of Mr. Paleka's legislation? MS. KAI: You're talking specifically about the fares, and doing it as a promotional for two dollars? I believe we can do it internally where the administrator or director has the right to promote for, I believe a 90-day period or it could be longer. MS. DAVID: Okay. I really appreciate what Ms. Wille is saying, also because we have to mindful of those issues also. So if you guys could do it internally, and in the meantime at the end of 90 days you have the information that would give us a better idea of how we are doing with this program. Then you folks can come back to us and revisit that again. Is that something that could happen with this? I mean, I like the idea of trying to see what are numbers are, because right now we're just kind of going, "it could be this, it could be that," and right now it doubled in a month. I'd like to support this as is, and with that in mind. If you folks would consider doing the pilot. Thank you. CHR KANUHA: Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman. You know, I've said on numerous occasions that one of the key functions of government is resource allocation, yeah. Sometimes rich guys got to pay for less fortunate. But having said that, I'm going to be voting against this amendment. You know, Ms. Wille and I, disagree vehemently on social policy issues, but I think one thing has been proven with regard to public policy matters, you know, she and I really see eye to eye. I agree with everything she said, I couldn't have said it better. Yeah, I agree with Mr. Onishi, it's maybe only right now $200 difference, and it might not amount to much more. But if that's the case make it zero already, don't waste anybody's time. You know, don't even waste your guy's time with administrative cost, if$200 is a minor matter. But this program as Ms. Wille pointed out, is like free taxi. This has the potential to be a huge burden on the county if it explodes, and we've got to be cognizant of that. We give, we have never shown the strength to take away, right. Easy to give from the politician standpoint. But you know, I'd like to give too. I think it's very important to understand what our role is here, yeah. We've got to be responsible sometimes. Not saying that this measure is irresponsible. It's well intentioned, it's trying to help those that are in need. But I think just stick with the guidelines, ADA guidelines and then we're good to go. Thank you. Page 61 Hawaii County Council-49 September 7,2016 CHR KANUHA: Thank you, Mr. Chung. Council Members, before I get into Mr. Brilhante did you want to say something? Before I give it back to Mr. Onishi. (Note: At this time Corporation Counsel William Brilhante came forward to address the members of the Council.) MR. BRILHANTE: William Brilhante, Assistant Corporation Counsel. Just a point of clarification. The code allows the Transit Administrator to initiate a promotional fare for up to 180 days, so it would be a six month period of time. Discussion earlier was 90 days, I just wanted to clarify the record. Thank you. CHR KANUHA: Thank you. Mr. Onishi. MR. ONISHL Thank you, Mr. Chair. You know, it's all up to you guys what you guys want to do. But I just figured listening to testimony what happened. First of all, to Ms. Wille's comments. We're federally mandated to this, it's not like we're going to offer this as a service, right. Tiffany, right? I mean we have to do it, if not we're going to get sued, correct? MS. KAI: Correct. MR. ONISHL Yeah, so it's nothing where we can leisurely let them go to where ever, we would be fired. That's law, federal law saying that we have to provide this service, okay. And like I said, look at the numbers. It did go up another 50-something. So that brought in $400, but our expense was $26,000. So if you look at just the numbers I kind of calculated. If we had say 5,000 trips in one month, we would be collecting $20,000, or $10,000 on those 5,000 trips per month. But our expense based on what we had with 100 trips is like $26,000 you said? MS. KAI: Correct. MR. ONISHL Okay, times the five, we're talking about $130,000 we're going to be spending. So see what I'm saying, look at the difference. I could see if it was like half the cost and we're going to be cutting it in half again. Then it's a difference again, right. If you look at it there's other options of the next bid or contract, it could be going to some other people. I did have a meeting with our own County Coordinated Services, or Elderly Activities Division. Are they going to be able to bid on the next fiscal year? MS. KAI: Yes. MR. ONISHL Okay. Their numbers might be lower than the $85 we're paying in Kona or the $70 in Hilo. Page 62 Hawaii County Council-49 September 7,2016 MS. KAI: Correct, $75. MR. ONISHL Seventy five. They might be lower. Then we're also looking at HCEOC (Hawai`i County Economic Opportunity Council.) So there are other companies out there that can offer lower prices, instead of this high expense. But I don't see any other Council Members looking out for other services. I reached out. I went to go check out what kind of services can be provided other than private. But we're looking at just numbers. I mean I could see if it was like half the cost. But like I said, it's up to you guys, I'm just proposing this,just listening to some of the testimony that came in. And it's up to you guys to decide if you want to pass this on or not. So Mr. Chair, I guess we can go for the vote. Thank you. CHR KANUHA: Thank you, Mr. Onishi. Before I ask for the vote, I just want to state that I will only support this if I thought this was a promotional period for a certain amount of time. I mean that could come to the next Council meeting, whatever happens with this what the board decides to do. But I do feel it's important, I understand what both Mr. Onishi and Ms. Wille are saying. I appreciate both of their reasoning behind support for this, and not support for this. MR ONISHL Mr. Chair? I can just make one more comment? CHR KANUHA: I gave you the third comment actually. We're going to the main bill. MR. ONISHL Yeah, no problem. CHR KANUHA: So I'm not going to support this, but it's with reservations. Mr. Clerk, can we do a roll call vote please on the motion to amend. Vote on Motion The motion to amend Bill 229, Draft 2, with the contents of to Amend: Comm. 985.6, failed by the following roll call vote: Failed Ayes: Council Members David, Eoff, Onishi and Paleka—4. Noes: Council Members Chung, Ragan, Kanuha, and Wille—4. Absent: Council Member Poindexter— 1. Excused: None. (Note: Chair Kanuha voted "kanalua" then "no") CHR KANUHA: So the bill does not get amended. We are now on the main motion Bill 229, Draft 2. Mr. Onishi. Page 63 Hawaii County Council-49 September 7,2016 MR. ONISHL Thank you, Mr. Chair. I just wanted to mention before we voted, but you cannot look at this as a promotional because we're mandated. It's not like we can see how it goes, like how we were going to do the six month bus pass or the one year bus pass. This is something we need to do if not we're going to get sued. I don't look at this as a promotional thing, because either if you qualify or you don't qualify, you're going to get onto this service. That's all I wanted to say, thank you. CHR KANUHA: Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chairman. I wasn't going to speak, because I thought the vote was not going to be as close as it was right now. And I just wanted to explain to the public on where I stand, and how I voted. The reason why I'm voting "no" for that amendment was because I really believe that the public transportation is majority subsidized by the taxpayers, it's not by the fares. And if we even reduce the fares lower for this extra service that we're adding in because we're mandated. I would love to have the whole public transportation as a whole taxi service that would be nice for everybody. But this is a mandate from the Federal Government that I feel is currently a burden to our public transportation. I wish that we didn't have to be mandated, that we could upgrade our disability transportation in a progression that we could do it not in a rushing way. Not in a way where we have to do it like right this minute. Because the majority of the funds to really support and operate this public transportation, is not subsidized by the fares, it's actually subsidized by the taxpayers. I agree with Ms. Wille, which I really respect what she said, because it is very hard to lower this rate at a later time when you have more services. Especially the fact that it's a service that's going to be a tear jerker, it's going to attack you at the heart. Because I would not want to burden people who are already burden in their lives. I mean the reason why I see this is not qualified as the requirement on age is because anybody can be affected by a disability at any time. It doesn't restrict you on age, it doesn't matter if you're a baby boomer, you can be in the new generation. You can be affected. Paralyzed. You don't have the mobility you use to. And yes, it is a little bit more, but rather Mass Transit have a little bit more time in really getting this program going with the current fare that they're suggesting. Then at that time when they see that maybe there is a potential of lowering it without impacting the total revenue, and seeing if we can cut some expenses, this is the way to do it. But to do it now I feel is a bit premature. And I just have to say the reason why I voted "no" is, because I want to do this in a way that we're Page 64 Hawaii County Council-49 September 7,2016 looking at it financially. And also in the future we are prepared when there's going to be a mass participant in this program. Sorry for taking so much time, but I had to say that just so the public knows what I'm thinking. Thank you. CHR KANUHA: Thank you. Okay, on the main motion, discussion. Ms. Wille. MS. WILLE: Long before I came on the Council or ever thought about this becoming a politician thing I really supported and worked on mass transit issues, and worked to initiate the intra-community bus service. So I wanted to make clear, I'm really a strong supporter of mass transit. And I won't be on the Council next term, but at least in terms of the General Plan, I'll continue to support it. I want to clarify one point that perhaps Council Member Onishi didn't understand what I said, but I understand that we're required to do this service, I promote it. But this isn't a question about whether the service should be promotional, or whether we should do it. It's just a question of what the cost is, and what the cost differential to what the taxpayer would be paying for each trip made by one of these individuals. I do think it's helpful to have a more differential between our general mass transit program and this taxi service. Hopefully we will move ahead with an upgrade in the overall mass transit. I realize those who do this are going to have to apply, but certainly we would want to encourage more to be using the general mass transit, and work on other ways they can connect from the general to whatever the specific location is. I certainly agree with this, and I think we're obviously required to do it. Whether we're required to do it or not, we should be doing it. But again, I'm glad we did not go along with the amendment to reduce it. And therefore shift the burden of the cost more so on the taxpayer, which really means that the taxpayer doesn't get other services. Whether it's more on the general mass transit, or more policemen or any other of our county needs. So again,just to make it clear, you know, my strong support for mass transit. I'm glad that it's working well, and I hope we are able to advertise or get the word out. I'm still worried about North Kohala, we started up that service but I don't knowI didn't know that's going on. You know, educate the public as to what is available from our Mass Transit, and I feel sometimes we really don't do the best. Then we say that it's really a matter of how do we get the word out to the public, and make it known. Thank you. CHR KANUHA: Thank you. Council Members, discussion before I give it back to Mr. Onishi? Okay, Mr. Onishi. MR. ONISHL Tiffany, clarification. Is this like a taxi service that we're providing, or this is just part of the mass transit services that the county provides? Page 65 Hawaii County Council-49 September 7,2016 MS. KAI: It's part of a mass transit public transportation that's why it's called Hele-On Kako`o, which means an extension of. Otherwise known as complimentary, it complements the regular transportation. MR. ONISHL Right. Because I mean it was mentioned taxi service,just wanted to make it clear to the public that it's not like a shared coupon kind of a program, right? MS. KAI: Correct. The similarity would be to the taxi service not looking at the eligibility, but more of a door to door origin to destination. MR. ONISHL Right. Okay, thank you. So I just wanted to make that clear, is that it's just part of another service that you guys need to provide in Mass Transit that's being required by the federal government. MS. KAI: Yes, correct. MR. ONISHL Okay, at least we got that cleared. Last thing I wanted to just say, by raising it up to the maximum three dollars is more based on what was one dollar before with the ADA disability. People would buy hamburgers, so by raising it up to four dollars, if the maximum goes to four dollars, then you cannot purchase that hamburgers again, that you were purchasing before. I just wanted to make that comment, by raising it up you're not going to be able to do that. Also the last thing was, if we did have that half percent GET (General Excise Tax)—we did have a discussion on that right? MS KAI: Yes. MR. ONISHL That might have helped you, right. And also providing more buses, because of your aging fleet, right? MS. KAI: Correct. MR. ONISHL That could have helped also the whole island with better services for them, correct? MS. KAI: Correct. Not only for public transit, but also for highways and roads. MR. ONISHL Right. Just wanted to make that comment too. Thank you, Mr. Chair. CHR KANUHA: Mr. Chung. MR. CHUNG: With regard to that taxi service, I don't think anybody here, well Ms. Wille or I, said that it was a taxi service. It's like a taxi service you go from Page 66 Hawaii County Council-49 September 7,2016 the door to the destination, wanted to get that clear. I'm not all against Mr. Onishi today, I wanted to agree with him in regard to the GET, because I was in support of his measure. I think that would have greatly enhanced our ability to provide mass transit enhancements, as well as other road maintenance and improvements to our island. Thank you. CHR KANUHA: Thank you. Any other discussion before I ask for the vote? Just basically, you know, I'm glad for this service, it's essential to our county. We were mandated with it, I'm pretty sure it was that lawsuit that went through, right? MS. KAI: Correct. CHR KANUHA: That we didn't have the appropriate motor transportation for the paratransit? MS. KAI: That is correct. CHR KANUHA: Okay, I'm glad we're rolling this thing out, and making sure that this county is prepared for all aspects of our community. So thank you for working really hard and getting this to us. Now I'm going to ask for the vote. Ms. Eoff, you ready? Okay. All in favor of approving Bill 229, Draft 2, say Ic aye. Vote on Bill 229 The motion to pass Bill 229, Draft 2, on first reading and Draft 2): adopt Public Safety and Mass Transit Committee Report No. 21 (Approved) was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Wille, and Chair Kanuha—8. Noes: None. Absent: Council Member Poindexter— 1. Excused: None. CHR KANUHA: Motion passes. Thank you very much. REFERRALS The Chair directed the Council to proceed to the next order of business, FOR EXECUTIVE Referrals for Executive Session. SESSION: (There were none.) OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There was none.) Page 67 Hawaii County Council-49 September 7,2016 ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) CHR. KANUHA: May I have a motion to adjourn? ADJOURN- There being no other business, at 12:41 p.m., Mr. Onishi moved to adjourn MENT: the meeting. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Council Members David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha— 8. Noes: None. Absent: Council Member Chung— 1. Excused: None. CHR. KANUHA: We are adjourned. SEP 192018 Council Approval: • , 4 COUN CLERK SM/rk Page 68