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HomeMy WebLinkAboutMIN COUNCIL 2016/10/18 2014-2016 Hawaii County Council 52nd Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii October 18, 2016 INVOCATION: Deacon Michael Ross of St. Michael's Catholic Church gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:08 a.m., in the Council Chambers, Kailua-Kona, by Mr. Dru Mamo Kanuha, Chair. ROLL CALL: Present: Mr. Dru Mamo Kanuha, Chair Ms. Valerie T. Poindexter, Vice Chair Mr. Aaron S. Y. Chung, Member Ms. Maile "Medeiros" David, Member (came in later) Ms. Karen Eoff, Member Mr. Greggor Eagan, Member Mr. Dennis "Fresh" Onishi, Member (came in later) Mr. Danny Paleka, Member Ms. Margaret Wille, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, Ms. Wille led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, MEMORIALS, Petitions, Memorials, Certificates of Merit, and Expressions of CERTIFICATES Condolence. OF MERIT, AND EXPRESSION OF (Note: At this time, Council Member Wille presented Certificates of Merit to CONDOLENCE: Chris Whidden for his contribution to business agriculture.) CHR KANUHA: If we could take a quick recess and take a picture, I would appreciate it. We're in recess. Hawaii County Council-52 October 18,2016 Recess: At 9:23 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:25 a.m. STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Stuart Yoneji: Bill 239 (Comm. 1046), in opposition. Mafia Kipapa: Res. 680-16 (Comm. 1108), in support. (representing West Hawaii Fishery Council) Richard Robbins: Bill 234 (Comm. 1025), in support. Jay Turkovsky: Bill 234 (Comm. 1025), in support. Dr. Carol Galper: Res. 662-16 (Comm. 1080); and Res. 666-16 (Comm. 1084), in support. Lisa Rantz: Res. 662-16 (Comm. 1080); and (representing Hilo Medical Res. 666-16 (Comm. 1084), in support. Center Foundation) James Haefner: Bill 234 (Comm. 1025), comment. Alice Lindal: Bill 234 (Comm. 1025), comment. Jason Wong: Res. 675-16 (Comm. 1103), in support. (representing Na Wai Ola Public Charter School) CHR KANUHA: Mahalo for your testimony. Is there anybody else wishing to testify here in Kona or in the outer sites? Please let me know at this time. Okay, hearing or seeing no other testifiers, I will close public testimony and move on with the agenda. Next up we have approval of minutes. May I have a motion to approve the minutes of February 3, 2016? APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. Page 2 Hawaii County Council-52 October 18,2016 Vote on Approval of Mr. Onishi moved to approve the Minutes of February 3, Minutes: 2016. Seconded by Ms. Poindexter and carried by the (Approved) following voice vote: Ayes: Council Members Chung, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha–8. Noes: None. Absent: Committee Member David– 1. Excused: None. CHR KANUHA: Next up, we can go to Order of Resolutions. I did want to take a few out of order if that is okay with the Council. We have Chief Rosario in Hilo, he's requesting Resolution 666 and 669, if we could do—and then we'll get into the streets and the parking lot. We can take those out of order. So, 666. COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. (There were none.) Change Order As directed by the Chair and with no objections from the Council Members, the of Business: following items were taken out of order: Res. 666-16: AUTHORIZES THE ACCEPTANCE OF THE LICENSING AND IMPLEMENTATION OF PULSEPOINT APPLICATION SOFTWARE FROM THE HILO MEDICAL CENTER FOUNDATION, FOR USE BY THE HAWAII FIRE DEPARTMENT Donated by the Hilo Medical Center Foundation, with an estimated total value of$18,000. Reference: Comm. 1084 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 666-16. Seconded by Mr. Onishi. CHR KANUHA: Ms. Eoff MS. EOFF: I don't have it numbered yet, but I do have a—it's a typo amendment to Resolution 666. There's a, I think it's acurrently, it has a reference to the Police Department and it's supposed to say "fire." So, I'm not sure if I can just make that amendment verbally or if you guys want to wait until I get that numbered communication. Page 3 Hawaii County Council-52 October 18,2016 CHR KANUHA: Where is it on? MS. EOFF: Let's see, I'm not sure which whereas, let me see. It's in the fifth whereas. CHR KANUHA: So, it's supposed to say Fire Department? MS. EOFF: Correct. So, I would need to change "police" to "fire." CHR KANUHA: I think that's ais that a substantial amendment? MR. HENRICKS: No, but it's also not a typographical error. It's in between. CHR KANUHA: It's a correction of MS. EOFF: Okay, I'll make the correction then. Can I make a motion to amend? MR. HENRICKS: Well, you do have something in writing that I understand is in route, so, I mean it probably just best to follow that course since you did produce something that is numbered. MS. EOFF: So, I should wait to make the amendment? MR. HENRICKS: I think that be preferable, yes, please. MS. EOFF: Just so you know, I have that. Otherwise, I think would the Chief like to speak to this? He's there, right? (Note: At this time, Fire Chief Darren Rosario came forward to address the members of the Council.) CHIEF ROSARIO: Hi, Darren Rosario, Fire Chief. I have with me Captain Chris Honda, who is the spearhead of this wonderful project. I just wanted to state that I'm very proud of the members of the Hawai'i Fire Department, and specifically, our EMS (Emergency Medical Services) Bureau and reaching out with our partners. You know, working together to just bring this valuable resource to our community and working along with the Hilo Medical Center and the Foundation, it's going to make our community a lot safer. I want the Council to understand that what we're doing here in Hawai'i County is, we're the leading edge throughout the State. No one else in the State is doing what our EMS personnel are doing here today. I brought Captain Chris Honda to answer any questions that any of you might have regarding this Pulsepoint software. Thank you. Page 4 Hawaii County Council-52 October 18,2016 MS. EOFF: Thank you. I do have the communication number now, so, it's being passed out. Motion to Amend: Ms. Eoff moved to amend Res. 666-16 with the contents of Comm. 1084.1. Seconded by Mr. Paleka. CHR KANUHA: Ms. Eoff MS. EOFF: Thank you. No, I just think we need to do this, but while I have the mic, I'd just like to echo what the Chief said and thank everybody for their support for this project. CHR KANUHA: Okay, thank you. Any discussion? All in favor of the motion to amend say "aye." Vote on Motion to The motion to amend Res. 666-16 with the contents of Amend: Comm. 1084.1 was carried by the following voice vote: Ayes: Council Members Chung, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—8. Noes: None. Absent: Council Member David— 1. Excused: None. CHR KANUHA: Now on to the main motion as amended. Any discussion? We have the Chief in Hilo. Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Res. 666-16: The motion to adopt Res. 666-16, as amended to Draft 2, Draft 2 was carried by the following voice vote: (Adopted) Ayes: Council Members Chung, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—8. Noes: None. Absent: Council Member David— 1. Excused: None. CHR KANUHA: Okay, Mr. Clerk, if we can, 669. Page 5 Hawaii County Council-52 October 18,2016 Res. 669-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE TRAINING EQUIPMENT AND SUPPLIES FOR THE HANDS-ONLY CPR PROGRAM Transfers $4,000 from the Clerk-Council Services –Contingency Relief account (Council District 3); and credits to the Hawaii Fire Department, Protection Other Current Expenses account. Reference: Comm. 1089 Intr. by: Mr. Onishi Motion to Approve: Mr. Onishi moved to adopt Res. 669-16. Seconded by Ms. Poindexter. CHR KANUHA: Go right ahead, Mr. Onishi. MR. ONISHL Thank you, Mr. Chair. Chief Rosario, would you like to comment on this? Or Captain Honda? CHIEF ROSARIO: Thank you. Actually, I'd like to defer this to Captain Honda to give you folks the background of this project and its success. Thank you. MR. HONDA: Good morning, Captain Honda with the EMS Bureau here. First of all, I'd like to thank you guys for this time and the generous donation. This program, we started roughly about four years ago, and it was after we attended an academy out in Seattle, because they're the forefront, they're the industry leader as far as cardiac resuscitation. We looked at their program and what they were doing and dissected our local response system here to improve our cardiac arrest saves. Roughly about four years ago, our resuscitation rates hovered around four percent, meaning four out of every 100 people that go into cardiac arrest out here in the community have a chance of walking out of the hospital. Ever since we went to that academy—one big pitfall or one weakness in our response system we noticed was our community education in CPR (Cardiopulmonary Resuscitation) and AED (Automated External Defibrillator) awareness. So, we launched our program a little over three years ago and to this date, we've trained almost 8,000 people. We've seen a rise in our resuscitation rates, we're almost at 10 percent, which is about the national average. That's a big step for us, and one of the big things is the community education. What we've done, we've gone into pretty much all of our high schools and we've been in intermediate and elementary schools as well, educating our students in the community how to do hands-only CPR, which is the recommendation now from American Heart Association with a 20 percent greater chance of resuscitation, with the hands-only CPR. So, we're trying to hit every senior before they graduate. Page 6 Hawaii County Council-52 October 18,2016 We're at a point that we are almost on overload. The requests that we're getting, which is good, it's getting tough to keep up with the requests. We have recently expanded a position out on the west side and one of the things that we need is equipment, and this will help us obtain more training equipment, not only mannequins, but defibrillator trainers and also AV (Audiovisual) equipment, which is needed for the mass trainings. We train 80 to 100 people per class and we run two to three classes a day in our schools. Currently, we're going to start our Waiakea program and we hope to train, you know, for an example there, about 500 of the students. So, with these monies, it'll help expand our availability and ability to train more people in our community. Another thing is our recognition program. We like to recognize, not only the people in our community, but also our dispatchers and our personnel that respond and are involved in a successful cardiac arrest save. It's a pat on the back. It's a recognition for their hard work, and that's one of the things that we would use some of these monies for. It's a Coin of life project and it's to recognize our first- responders, not only from the Fire Department, but our community and also now with our law enforcement, our HPD (Hawai`i Police Department). We have a pilot project going carrying AED's in their patrol vehicles in Hilo, Puna and Kona as a pilot project to hopefully increase our resuscitation saves. So, we'd like to incorporate them in that Coin of life project as well. Again, it ties back into our community, I guess our networking with Hilo Medical Center Foundation, the Be a Lifesaver Project, which is many different agencies within our community. So, it's a big project. It's multi-faceted, multi-pronged and that's just one part of our ways that we're going to increase resuscitation rates on our island, and you know, educating the community. We've also done other things within our department, which I'm not going to get too much into right now, but it entails different types of dispatching to the way our personnel do CPR when we get on-scene to the QI process and the data collection. One big portion, which is the community outreach, with these monies, will help expand our program to get better, train more people, and it ties right in with what we talked about earlier with the Pulsepoint. With all these people getting trained on how to do CPR, having the ability to notify them that somebody is in need of help within 400 yards around where they're at and where the nearest AED's are, I think it'll just enhance our community response to cardiac arrest in our community. Thank you. MR. ONISHL Thank you. And then if this can help with the saving of one life, that is all worth it, for the amount of money that we're spending. So, also why I wanted to help was to—when the Hilo Medical Foundation donated those devices to you folks for working with the police department. So, I just wanted to make Page 7 Hawaii County Council-52 October 18,2016 sure that you folks have a little bit more extra money to help your training and either to get more materials or equipment. Thank you very much for all of your hard work. Thanks. I yield. CHR KANUHA: Thank you, Mr. Onishi. Council Members, any other discussion? Okay, hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Res. 669-16: The motion to adopt Res. 669-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—8. Noes: None. Absent: Council Member David— 1. Excused: None. CHR KANUHA: Mr. Clerk, there's a couple more resolutions that we can get out of the way. Resolution 675. Res. 675-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO WATERS OF LIFE NEW CENTURY PUBLIC CHARTER SCHOOL TO ASSIST WITH EXPENSES ASSOCIATED WITH TRANSPORTING ITS STUDENTS TO AND FROM SCHOOL Transfers $4,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Mass Transit Agency, Other Current Expenses account. Reference: Comm. 1103 Intr. by: Mr. Paleka Motion to Approve: Mr. Paleka moved to adopt Res. 675-16. Seconded by Ms. Eoff. CHR KANUHA: Mr. Paleka. MR. PALEKA: Yes. Is Mr. Wong still in Hilo? MS. MOYER: He's on his way up. MR. PALEKA: Thank you very much. Page 8 Hawaii County Council-52 October 18,2016 (Note: At this time, Na Wai Ola Public Charter School Principal Jason Wong came forward to address the members of the Council.) MR. WONG: Aloha, Mr. Paleka. MR. PALEKA: Hi Jason. Would you like to add anything else more than what you've so kindly added? MR. WONG: I would like to add that what I'm finding about our school I think was best summed up by Mayor Kenoi. He called Na Wai Ola the third safety net in our community, and I think what he means by that is many of our students that don't make it into Kamehameha also don't make it in the D.O.E. (Department of Education) Schools, and they look to us for that third, and many times, final shot at a place to be. And I just want to say that our school is crucial to Puna, and its survival is crucial. Thank you very much. MR. PALEKA: You're very welcome. I'm noticing this difficult area that we have and the students that it serves,just asking for your support for this measure. Mahalo. Thank you, Jason. 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. Vote on Res. 675-16: The motion to adopt Res. 675-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—8. Noes: None. Absent: Council Member David— 1. Excused: None. CHR KANUHA: Mr. Clerk, Resolution 677. Page 9 Hawaii County Council-52 October 18,2016 Res. 677-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO ANEKONA OULI KANEHOA VOLUNTEER FIRE DEPARTMENT COMPANY FOR THE INSTALLATION OF A SECURITY GATE AND FENCE Transfers $10,000 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Hawaii Fire Department, Training and Volunteer Other Current Expenses account. Reference: Comm. 1105 Intr. by: Ms. Wille Motion to Approve: Ms. Wille moved to adopt Res. 677-16. Seconded by Mr. Paleka. CHR KANUHA: Go ahead, Ms. Wille. MS. WILLE: Guido, would you like to come up? (Note: At this time, President of Anekona Ouli Kanehoa VFD Company Guido Giacometti came forward to address the members of the Council.) MS. WILLE: So, this is an entity or volunteer Fire Department that does extraordinary work, not just in my district, District 9, but all across. Right now, all of their equipment is being stored in various people's garages, and homes, and bedrooms, and backyards, and that. So, they have secured a site to build a permanent facility for their equipment and vehicles. These funds, the $10,000, will go towards helping them install a security gate and fence around the new site. They actually asked me for $20,000 and I said well, I'm knocking others out right now, I'll do $10,000 and I'll do the other $10,000 in the Spring, but I won't have a Spring. So, we need to get Tim or others to help with additional amounts. So, I just ask for your approval and Guido, if you'd like to introduce yourself and say a few words, I'd appreciate it. MR. GIACOMETTL Thank you, Mr. Chairman and members of the Council for this chance to talk with you. I'm Guido Giacometti, I'm the President of AOK VFD company, which is really,just a non-profit that supports our local volunteer fire company, 9 Bravo. 9 Bravo is in the middle of halfway between Waimea town and Queen Ka`ahumanu Highway. It's responding to mostly wildfires. Since the start of the year, more than 30 callouts for just the volunteers, together of course with the regular Fire Department, sometimes big problems, sometimes small ones. Page 10 Hawaii County Council-52 October 18,2016 AOK is about to start construction on the facility. We have amassed funds from private donations, private grants, some State funding, and of course, the County of Hawai'i has been generous in supporting this. So, it's a matter of combining all of these monies, and hopefully, with the help of contractors, who are being quite generous in discounting their services and materials, we believe we'll have this thing started before the end of the year. We appreciate the addition of the contingency funds to make the project work. I'd be happy to answer questions if you have any. MS. WILLE: Thank you, I yield. CHR KANUHA: Thank you, Ms. Wille. Ms. Poindexter. MS. POINDEXTER: It is my assumption that you're working closely with the Fire Department, correct? MR. GIACOMETTL Yes, we're in contact with them. The plan for AOK, we currently hold a ground lease and once we complete construction, get all occupancy permits, we plan to bring before you a donation of the ground lease and together with improvements. Hopefully, the Fire Department will take over and assign it to 9 Bravo. MS. POINDEXTER: Thank you very much. You guys are doing good work. Congratulations. CHR KANUHA: Thank you, Ms. Poindexter. Any other discussion? Okay, hearing or seeing none, we'll go for the vote. All in favor of the motion to approve say "aye." Vote on Res. 677-16: The motion to adopt Res. 677-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—8. Noes: None. Absent: Council Member David— 1. Excused: None. CHR KANUHA: Thank you. Okay, Mr. Clerk, if we can go to Bill 239. Page 11 Hawaii County Council-52 October 18,2016 Bill 239: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Adds the County parking lot between Kuakini Highway and Likana Lane, from 2 a.m. to 5 a.m., to Schedule 29 (Parking prohibited during certain hours on certain streets; tow away zone), Subsection (0, Kona. Reference: Comm. 1046 Intr. by: Mr. Kanuha First Reading: October 5, 2016 Motion to Approve: Ms. Poindexter moved to pass Bill 239 on second and final reading. Seconded by Ms. Eoff CHR KANUHA: Council Members this is second reading. We did have members in the audience. We do also have Brandon Gonzalez in Hilo. Mr. Yoneji is the landowner. We have Mr. Carpenter, one of the businesses, so, if you have—one of the businesses surrounding the County parking lot. So, questions? Ms. Poindexter. MS. POINDEXTER: I'd like to bring up the business person who spoke up. What was his name? CHR KANUHA: We have Mr. Carpenter. MS. POINDEXTER: Mr. Carpenter, if you could come forward. (Note: At this time, Chief Operating Officer of Big Island Jeweler's Ltd. Gale Carpenter came forward to address the members of the Council.) MS. POINDEXTER: I'd just like to get your view on it again, if something has changed from the last time you came and you spoke. We heard a testifier—and just let me make myI guess where I'm coming from and when I always say I always depend heavily on the Council Member, because he knows his constituents best. And that this will affect, overall, the entire public. I agree with that statement from the previous testifier, it should not be picking and choosing between homeless, visitors and the public, it's all together. So, I agree, no parking for all the public. So that way, we're not giving favorites to 24-hours for some people and notI seeI understand what had happened the last time and I heard your testimony. I just want to know if you still stand the same. So, can you please state your name for the record? MR. CARPENTER: My name is Gale Carpenter, my position has not changed. The abuse of this parking lot for four administrations and nothing has changed. I, too, believe that the parking lot is for everyone. Citing a recent newspaper article Page 12 Hawaii County Council-52 October 18,2016 concerning the parking lot, where youth with a mission stated that they had 20 parking stalls. This is just not overnight. They're there for weeks, if not months on end. If they so choose, they have a facility up mauka on Kuakini that they could have—they have a large parking lot there. They could bus these people back and forth, that would take care of it. I want to have the parking lot for everyone. I don't want to have the parking lot for the condo owners that have more than one vehicle. They're parking their cars there. For the Seaside, when they go to check-in, saying well if you don't want to pay our fee, then you go use the County parking lot. Misuse. Again, the homeless people stay in there. There's cars for sale. I thought that the ending of the Ironman Championship would alleviate some of this parking. I've been down there at 7:15, 7:30, not one single parking stall was available. You circle, you circle, you circle, it drives you crazy. That person that does that, they leave. They're not getting to the business that they wanted to go to, whether it be a restaurant or what have you. The situation where it was brought up that we were promoting drunk driving. Well, I would like to know what restaurant or bar is open on Alii Drive past midnight? There isn't one. MS. POINDEXTER: Thank you. Thank you for clarifying your position, and that it stayed the same. So usually, yes, policies are put in place because of misuse, and I agree that it sounds like this is the case. MR. CARPENTER: It's been going on forever. MS. POINDEXTER: Thank you very much. Aloha. MR. CARPENTER: Thank you, I appreciate your time. CHR KANUHA: Thank you, Ms. Poindexter. Mr. Onishi. MR. ONISHL Thank you, Mr. Chair. I understand your concerns. I mean you're a business person there and so, you're saying that the parking should be allowed for all of the businesses down in that area, right? But then again, we're talking about we're going to be singling out certain, I guess, businesses or certain people. I mean, if it's a public parking—and we all know for a fact there's not enough parking in Kailua, on Alii Drive, right? A lot of these operations—do you have your own parking? MR. CARPENTER: No. MR. ONISHL Okay, so, we all know for a fact that's limited in Kailua town, okay? So now, we have to see how we can all work together. That's the Bottom- line, and that's where the County needs to decide how we can—we're not going Page 13 Hawaii County Council-52 October 18,2016 make everybody happy, but we're going to have to make the majority happy, okay? So, if you're saying that there are cars being left there for weeks, then they should be cited to me. Then there should be something where it has to be like a 24-hour parking, okay? So, that's where the County needs to come in and that's where Mr. Kanuha is going to have to do that, working with Public Works to decide what the best remedy is. Like I suggested, I think having the gates put in would be ideal, especially for the night-time parking. And I have the same concerns as Ms. Eoff, what if someone has drunk over the limit and cannot drive? Even though, like you say, they're not open to 2:00, maybe they're open to 12:00 or 11, but they're too drunk to drive, so they need the place to park their car, which that could be a public parking and leave it there and catch a taxi. So, we as a Council need to look at what's best for everyone. That's where, I think, we have to leave it up to Mr. Kanuha to decide, working with Public Works on what the best remedy is going to be. But, we cannot single out businesses or people. MR. CARPENTER: I don't follow you. What person or interest are we singling out? MR. ONISHL Well, you're saying that when there was the Ironman MR. CARPENTER: This is a year-round problem. MR. ONISHL No, but wait. People who want to come to the different businesses in that area cannot park because there's no parking, because you have people parking there like for over 48 hours, right? MR. CARPENTER: For weeks and months. MR. ONISHL Right. That's what I'm saying, but then that's where Public Works needs to work it out with the Council Member there. What I'm saying is that because there's not enough parking and people are parking there in long hours, businesses are being affected because their customers cannot park. They cannot find parking, right? MR. CARPENTER: That's correct. MR. ONISHL Yeah, so, that's what I'm saying. But, we need to work it where everyone—we have to try to satisfy the majority of everyone and not just a handful. So, that's why to me, I'm going to leave it up to Mr. Kanuha to decide what would be the best because then, he can work with Public Works to find out what the remedy is. Because if you're saying they're parking for weeks and months in that parking lot, then to me, they should be towed away or cited, okay? And that, with signage, would work. Page 14 Hawaii County Council-52 October 18,2016 MR. CARPENTER: I totally agree. MR. ONISHL Okay. So, I'm going support this bill, and hope that you can work something out with Public Works to kind of make the landowners in that area happy. Thank you. MR. CARPENTER: Well, thank you. It's, again, I reiterate that it's been an ongoing problem. For four administrations, we have been trying to fight this. There's not a single case where everything is going to be hunky-dory, but we're on the right track. This is a solution to this problem. Now, if it doesn't become a solution, I'm more than happy to come back and say okay, listen, this didn't work. There's egg on my face, I'm sorry, let's try something else. But let's try this idea. Let's not sweep it under the carpet. Let's go forward with it and let's see if it works. Nothing has been done in four administrations on this problem. Let's move forward to it. MR. ONISHL Good. I just want to make a last comment, Mr. Chair. That's why I give credit to Mr. Kanuha, because like you said, you've been working with four different administrations and nothing has been done. At least he's pulling the trigger to get something done. MR. CARPENTER: Totally agree. MR. ONISHL And I appreciate that. MR. CARPENTER: I do too. CHR KANUHA: Thank you, Mr. Onishi. Ms. Eoff, I know you had your light on a while ago. MS. EOFF: I just want to say that I appreciate that we're going to try something. And there's always room for solutions for the fallout, or the ramifications. MR. CARPENTER: I agree. MS. EOFF: I was assured that at first, we would cite cars so that they know. They're not going to just automatically get towed way the first time they get the violation. So, that will help. As far as the Hukilau, it's a terrible situation. They have a building there that accommodates, I don't know, 200 people or guests overnight, and there's nowhere for them to park. That's a separate situation that needs to be dealt with and somebody offered one solution—was that you? I guess just a bit ago that I think we had thought of this over as well, but there may be a way for them to park in another location. Page 15 Hawaii County Council-52 October 18,2016 MR. CARPENTER: Exactly. I'm trying not to single out one particular business and saying they are dominating it, but when they have 20 parking stalls that they're using over and over overnight, that is 10 percent of the parking lot right now for one business, or one entity. That's not fair. MS. EOFF: And maybe if Public Works can work with the owners of the building, maybe there's some other solutions that could accommodate the people that are staying there. MR. CARPENTER: Excellent, yes. MS. EOFF: I don't know, I know it may not, like you said, this bill, this move, may not even solve the problem, because we're still short of parking, but I guess we're going to try this and see if it is an improvement. And then from there, I would really love to work with Public Works and Mr. Kanuha to find other places for people to park in that vicinity. MR. CARPENTER: Yeah, total agreement. Thank you. CHR KANUHA: Thank you, Ms. Eoff For the record, Ms. David has joined us. Glad you made it out of traffic. Mr. Chung. MR. CHUNG: Thank you. How many vehicles are parking there long-term from your—as far as you know? MR. CARPENTER: 80 percent. MR. CHUNG: Okay, that is a bad situation, obviously. MR. CARPENTER: When you have firsthand knowledge, I'm just not there every other day or whatever. I've been there five to six days a week for over three decades. I see these people parking timethey're not moving their cars. I mean that car is there for months on end. I talked to the postman, Orlando, he's going, "What is going on?" I mean these guys are there every single day, except for Sundays, and they see the same cars parked there and he goes MR. CHUNG: So, they're not moving, right? MR. CARPENTER: They're not moving. Cars are parked. MR. CHUNG: If you had to take a guess, I mean some people talk about they're probably parking there and going to the airport. MR. CARPENTER: That's another problem because it's free parking there. So, they go for a job or vacation for a month, two weeks, that car stays right there. Page 16 Hawaii County Council-52 October 18,2016 MR. CHUNG: Cheap place to park. MR. CARPENTER: Exactly. MR. CHUNG: Right? So, I can understand your consternation there in that regard. The last time, I made a comment about—I asked Mr. Kanuha whether that was a free parking area because I'm not real familiar with it and he said, yes it was. Therein lies the big problem. That's one possible solution, too, metering that area. But everybody wants free stuff But you know, the whole purpose with—you know the purpose of metering a parking area is to get people moving in and out. So that's another possible solution to it. But let me ask you, you've come here on several occasions and as far as I'm concerned, you have been very reasonable in looking at all sides. Let's try to brainstorm this thing, if we could for a minute. Do you have any possible solutions that could help? Is it called Seaside or Hukilau? What is it? MR. CARPENTER: Well, there's Hukilau and then there's the Seaside. MR. CHUNG: Oh, got two? I'm sorry. MR. CARPENTER: Two different entities. MR. CHUNG: Anything? MR. CARPENTER: Well, there is, and I brought this up a little while ago about they have such a vast amount of parking up MR. CHUNG: Oh, you're talking about someplace else, right? MR. CARPENTER: Right, so they can have vans going back and forth. That frees up a minimum of 20 parking spots. MR. CHUNG: Okay, but what about within the context of this parking lot? MR. CARPENTER: Well, with the Hukilau itself, they have their own private parking. MR. CHUNG: Right, they do. MR. CARPENTER: That signage up there, if I go to park there, I get towed. So, they have designated parking already established. I'm open, and again, I'm not just set in my ways and it's been super frustrating for my brother and myself going Page 17 Hawaii County Council-52 October 18,2016 to go this long a period without anything being done. If we could get a chain and the signage up there, let's experiment. Let's see if this is going to take care of the neglect and overuse of that parking lot. You don't have this timeline, whatever we want to do, two to five, two to four, whatever it is. I think that idea is really viable. Your idea of paid parking, that is going to have to be appropriated for more money, because you're going to have to get those meters, they're going to have to be updated meters, you're going to have someone with a chalk, someone writing the tickets. You could get into an expensive move. Whereas, if we take a look at this chain and signage, it's a minimum amount of money to see if this can take over the misuse of that parking lot. As far as alternative parking, we mentioned the lot to the north. And when Mayor Kanuha MR. CHUNG: You became mayor now? MR. CARPENTER: Not mayor, I'm sorry, Mayor Kenoi. When he told me, he said now we're taking one problem and if we get this vacant land, we have two problems now. They're just a bigger problem. So, why not chain these things off? Let's give it a ride. I can't tell you if it's going to be a dream, but it's going to be something. And people are going to take notice. It might take us some time, we might have to have a two or three-week period where there's no tickets. We're just going to chain it off It's going to be fine, you get a free ride, and then after a certain date, okay, this is what we're doing now. We gave everybody ample time to adjust, to get their cars out of there that have been parked illegally and we'll see how it goes. I think it's a wonderful idea. MR. CHUNG: How many parking spaces are there? MR. CARPENTER: I knew you were going to bring that up. I was estimating on the way out here just with handicapped parking, I would say somewhere around 150. MR. CHUNG: Not bad. 88 percent of which are being occupied almost full time? MR. CARPENTER: That's exactly right. When I can come down there in the morning, and of course, there are the swimmers and the paddlers and that's not what we're objecting to, it's the people who are there consistently all day, all night for weeks on end. If I go down there at 7:15 in the morning and I can't find a parking spot, I get a little upset. MR. CHUNG: How about this? The hotel people are staying overnight, right? Presumably. So, if there was some kind of permitting process put into place, where the hotel—it's not for their exclusive use of course, but inasmuch as you Page 18 Hawaii County Council-52 October 18,2016 expect a hotel customer to be there at night, and to get the heck out of there during the day. And we don't want people there at night anyway, keeping it long-term. So, wouldn't there be some way we could allow for something like that? They're not going to be there long-term, but just to let them stay during that period from 2:00 to what time was it? 5:00? I mean it's something that maybe should be thought about, because they're not going to be causing a problem, I think. MR. CARPENTER: There are two things there. You can't say for a fact that they're going to get up at six o'clock in the morning and leave for the whole day. Now, you're taking a business entity and giving them priority on a public parking lot. MR. CHUNG: But, it would probably have to come with a price. I mean I'm just kind of throwing these things out. MR. CARPENTER: And I agree. MR. CHUNG: That's all I'm doing. MR. CARPENTER: There was a deal in the paper about if you're an old business, you're grandfathered in. Well, I'm there over 33 years and I don't care about being grandfathered in. I don't think that's the way to give them a free pass and not being able to say you have to be out of here at six o'clock in the morning. Your car is gone. Well, they're sick. They're going on cruises, they're doing something downtown, that car again is there overnight. We can't guarantee that they're going to be leaving. Again, I'm open. MR. CHUNG: But if it's done via a permit, then there's a way to regulate it, and it could probably come with a fee. But, the bottom-line is this, I made an announcement the last time that I'm going to support Chairman Kanuha on this all the way. It's not a zoning issue, which we all use our own good judgment on. This is something of a real local concern, something that has been vexing to many of the residents in that area. He has had the answer for it and I'm hoping that he's going to be the guy who really comes through and solves it after many years. So, I'm with him all the way, but, I still think that there may be some ways of kind of getting a good middle ground that doesn't defeat the purpose of the bill. MR. CARPENTER: If that could be achieved, I'm with you a hundred percent. MR. CHUNG: And actually, I invited Chairman Kanuha to speak to you. We were in Hilo the last time so you might have been out here. MR. CARPENTER: No, I didn't make the Hilo trip. Page 19 Hawaii County Council-52 October 18,2016 MR. CHUNG: Okay, so I said maybe if we could get the two sides together and talking, we could come up with something. I'm sure reasonable minds can come up with reasonable solutions. Thank you MR. CARPENTER: Correct. Thank you very much. CHR KANUHA: Mr. Paleka. MR. PALEKA: I'd like toMr. Yoneji, if you could come up, another business owner. (Note: At this time, Stuart Yoneji came forward to address the members of the Council.) MR. PALEKA: Thank you for your testimony. What would you offer as a type of solution? We've heard paying, permitting. MR. YONEJI: Stuart Yoneji. So, when we initially started hearing the ramblings of the closing of the parking lot, of course, you'd think that's kind of extreme. So, as I'm sitting here listening to everybody trying to brainstorm, I say start from the farest outreaches and work slowly in. So, who do you eliminate from parking in a public parking place? Well, how about starting with making it 24-hour parking only? I don't know how to enforce that, but that's a slow start to causing some of the problems of the cars being there for days on end. 24-hour parking only. Like I said, I don't know how to regulate that, I don't know how the first thing that came to my mind initially, was permitting. If you permit people to stay overnight, then that eliminates a lot of people that just park there and leave, and if the cars are going to remain there for time on end. MR. PALEKA: Would you be opposed to fees for the parking? MR. YONEJI: Absolutely not. MR. PALEKA: And I think that's where Dru's thing is, close it and then move on from there and try to work out something. So, I'm hopeful. I trust Dru in working something out. To me, having talked to you, Mr. Yoneji, it comes down to fair and equitable for me. What's fair to everyone? Because it is a parking lot. That's its purpose. If it's going to be improved, well good, more parking, but if it is going to remain a public parking place, it should be open to everyone and to me, the most fair and equitable way is that everyone has to pay a price. I see shaking his head, so, I mean—anything else you folks want to add, Mr. Anderson? Mr Yoneji? MR. YONEJI: I think paying would be a way to regulate it. I just don't know if that's a viable solution with the administration presently. Page 20 Hawaii County Council-52 October 18,2016 MR. CARPENTER: If you want to go with a pay system, whether it be metering or coupons or whatever you have, what's to say that—when we started out with this. It was to make this the easiest, simplest, less expensive way to go about bringing change. With chains on the entry and the exit, it's not very expensive. When you get into metering, you're buying, let's just use the figure 150 meters. Now you're going to have to have someone come around to those meters and check them and write tickets. Who's paying for that? MR. PALEKA: The fees. MR. CARPENTER: The fees are going to pay for ? MR. PALEKA: To me, that would be expected. You use the fees to pay for the service. MR. CARPENTER: Okay. I would be interested. And again, I'm not against different ideas. That's not my concern, but I think if you're going to supply 150 parking meters and drilling the holes and cementing those in, plus you're going to have MR. PALEKA: I don't know if it has to be meters. I mean you can have pay boxes and you put your money in. It's cheaper and requires nobody to be there. MR. CARPENTER: And you can automate it like the paid parking that you see in town, and you can set that up, that's not a problem. What do you do when that person's car is there for three months or 20 cars that are there for three months? Do we tow them all? MR. PALEKA: But, they would be—they would have to pay or there would be some kind of recourse. MR. CARPENTER: You get tickets and you get tickets and then the guy goes around and you're paying him to write those tickets. If that revenue doesn't support it, that's a cost. What we tried to do here is make it nice and simple, easy, and if that doesn't work, I'll be right back here and say it, "Okay, listen guys, wrong choice, bad me, let's try something else. What do you got going?" MR. PALEKA: To me, it's a public parking area and should be open. That's my feeling, not closed at any time. If it's going to be—to me, that's just my feeling, my mana`o. MR. CARPENTER: Have you ever parked in that parking lot? MR. PALEKA: Yes, I have. In fact Page 21 Hawaii County Council-52 October 18,2016 CHR KANUHA: Before we get into back and forth conversations, I'm going to let Mr. Paleka continue his debate. MR. PALEKA: It's just an offer. I mean if you're against it, that's cool, you know? I'm going to back whatever Dru because I trust him. I know where he's headed with this. I believe I think he's trying to work something out and to me, that's the fairest way. So, I can leave it at that. I don't really want to argue on which is the best way. MR. CARPENTER: Okay, thank you. MR. PALEKA: No, thank you for bringing this forward. CHR KANUHA: Thank you, Mr. Paleka. Okay, Ms. Wille. MS. WILLE: To me, this situation epitomizes one of the biggest problems I see with government, and that's that we all sit around and haven't come up with a perfect decision, and therefore, we do absolutely nothing. As you've said, four administrations, we always try to look at what's the consensus, what answers everything, and we do nothing. It's like inertia. This is not right and we can all come up with, "Oh, what about this? What about that?" Well, let's take a step forward. It can always be changed. You can come back in, we can look at it, but we take a step forward and not, "I've got another idea, I've got another idea." Let's kick it forward. Why don't we kick this forward four more administrations? That's the way I see it. I think in the end, I think there might be other ways, but at the same time, this is Chair Kanuha's district and I respect him that he comes up with—let's look at this situation and let's move forward. This is so typical of the what about this, what about that? We haven't come up with something perfect, let's do nothing. So, thank you for your perseverance, I think we move forward and I obviously am supporting this. CHR KANUHA: Thank you, Ms. Wille. Anybody else before I say something? Okay, lastly, I appreciate all of the input from each of you. It's not only you guys, I hear this from the community every single day. The residents, the businesses, the landowners, the tourists, you name it, there's everybody. This was something that was, as Ms. Wille said, kicked down the line, I don't know, decade after decade and administration after administration. And now, we're finally doing something about it. It might not be the best solution out there, but it is a solution to an ongoing problem that has been facing this area, this community. You know, Kailua, that's town, that's what the town is. It has been facing this community for decades, forever. I'm glad that I worked with the administration to figure out some solution to hopefully remedy a little piece of what has been the ongoing problems. Page 22 Hawaii County Council-52 October 18,2016 I have huge sympathies for what is happening down there currently to what could possibly happen, which isI obviously don't want anything to happen to any of the lessees that rent from Mr. Yoneji or anybody else, that's not where I'm trying to focus my energy. My energy is on a specific problem, and the problem is this parking lot, like I said, the decades and decades problems. So, by working with everybody, we're doing something, and I continue to work on this. Don't get me wrong, this isn't the last-ditch effort of this parking lot. I really want to work with you guys. I really want to work with the upcoming administration on finding the ultimate solution, whether it's paidI don't know, I'm not going to bring up the millions of things that we could possibly do right there in town for parking, but, it is something that I'm passionate about. It's something that I'm going to continue to work on with both of you guys and with everybody else. So, I appreciate all of the input, but we need to do something, and this is where it's come out to. So, saying that, mahalo, but I will be pushing forward with this. I'm not goingI'm going to keep my doors open to both of you guys and to everybody else, so that we can keep the conversation of what the outcomes of this will be and what any other possible solutions. So, thank you for coming today. Mr. Clerk, I will ask for the vote right now. Council Members, all in favor of approving Bill 239 for final reading say "aye." Vote on Bill 239: The motion to pass Bill 239 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. CHR KANUHA: Thank you all for being here, and thank you Council Members for listening and being open. Council Members, I have to take a five-minute recess. MR. ONISHL Then after we get back, can we do Bill 241? CHR KANUHA: I'm going do Mr. Eagan's 234. MR. ONISHL And then after that? CHR KANUHA: Yes. Page 23 Hawaii County Council-52 October 18,2016 MR. ONISHL Okay, good. CHR KANUHA: Okay, we are in recess. Recess: At 10:48 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 10:53 a.m. CHR KANUHA: Okay, we are coming out of recess, Council Members, could you all come back? Mr. Clerk, I also did say that we would take Bill 234 out of order. Bill 234. Bill 234: AMENDS CHAPTER 14, ARTICLE 14, DIVISION 3, SECTION 14-86 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO STREET NAMES Allows for two streets in the same judicial district but with different zip codes to share the same name. Reference: Comm. 1025 Intr. by: Mr. Eagan Approve: PC-75 Postponed: October 5, 2016 (Note: There is a motion by Mr. Ilagan, seconded by Ms. Poindexter, to approve Bill 234.) CHR KANUHA: So, there's a current motion on the floor. Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chairman. First of all, you have heard the testifiers. This bill is really trying to get Ma`ili Street named back to Maile Street because what had happened is there is residents living in Leilani, who have been living there longer than I've been born, and all of a sudden, this street, their street just got changed. And what I want to do is change it back to Maile Street, and there were problems regarding the duplication. What this amendment does is make sure that there's no duplication within the same ZIP (Zone Improvement Plan) Code. That is one of the main impacts of this bill. As you have heard before, this is not trying to make anything more complicated in the response system regarding EMS. But, what will be more of a problem is that if Ma`ili is kept into that street, I don't think most people know where Ma`ili is going to be but they know where Maile is going to be. It will be confusing in the beginning, and I want to eliminate that confusion by keeping that name Maile Street. If you have any questions, please let me know. I also have an Page 24 Hawaii County Council-52 October 18,2016 amendment that was suggested by our previous discussion and I can make that amendment at this time, but I figured it would be good to hear the Council Members' thoughts about Bill 234 moving forward. Thank you. CHR KANUHA: Thank you, Mr. Eagan. Okay, Council Members, on the main discussion of Bill 234, before Mr. Eagan offers that amendment. Any discussion before I give the thing back? Mr. Paleka. MR. PALEKA: Is a member of the Fire Department available in Hilo? Because they had submitted MS. MOYER: No one's here in Hilo. MR. PALEKA: Yeah, they had submitted aregarding the 911. MS. MOYER: I can try contacting them. MR. PALEKA: Thank you. That's my main concern, that it does not—you wanted to add something? MR. CHUNG: It's still first reading, yeah? MR. PALEKA: Yeah, okay. I'll yield until Fire is here. CHR KANUHA: Mr. Chung. MR. PALEKA: Thank you, Mr. Chair. CHR KANUHA: Okay. Any other discussion on the main motion before I give the floor back for the amendment? Ms. Eoff MS. EOFF: Mr. Eagan, could I ask you a question? Or Mr. Chair, may I ask him? CHR KANUHA: Yes. MS. EOFF: One of the testifiers, I think made a suggestion that rather than making a blanket Code amendment that might cause problems later, that they just make an exception for this street and single it out. Was that something that you considered? Or would that maybe give the Fire Department less reason to be in opposition? MR. ILAGAN: I believe that if we want to grandfather in Maile Street, I am open to that. It would set a new procedure, and like I said, I'm open to it. There's stillif you read their testimony, this is coming from the Fire Chief, "Across our Page 25 Hawaii County Council-52 October 18,2016 vast County, there exist multiple roadways with the same names, such as but not limited to Plumeria, Maile, Cane Haul, Government, etc. Commonly, the same street names are located in subdivisions of Puna, Ka`u, and Hamakua Districts." So, what they're saying is their problem already exists, but the amendment to this bill does not create more of those problems. The Planning Department should be more aware that if they approve something that it's not duplicated. And that's what was happening before, was all of these duplicated names were already in existence, and the bill, the original bill, came in to try to address that. So, what I'm trying to say is I understand their concern and I cannot change what's already happening, but I feel that if we do change Maile Street, compared to the Maile Avenue that's in Puna, it brings more of a confusion because mostly everybody who lives in Puna knows where Maile Street is. And now, if you are naming it MWili Street, they're confused that even exists. And where is that? Let alone the dispatchers, they have to be trained because they are familiar with Maile Street, but not MWili Street. So, what I'm trying to say is the bill does not fix what his concern is, and it does not add new problems to his concern. MS. EOFF: Have you spoken to him with the amended language? If that would clear it up a little bit? MR. ILAGAN: I have spoken to Planning, Fire and Police, yes. As you have mentionedI mean as you have seen on his testimony, "My sincere apologies for not participating in person." He said, "Earlier this year, Councilmember Ilagon did reach out to our department for input . . .... The new language was a suggestion by the Council, and he is aware of the new language because we discussed it and we brought that I said I was going to propose it. So, I did not talk to him in person and talked about it, but I'm sure if he was following our talks, he is aware. MS. EOFF: So it would be good to hear from him if the change to the language, restricting it by ZIP Code, would then not be a problem. MR. ILAGAN: Yes, and if I may just add one last thing? I also wanted to find out what happens regarding an emergency call. So, I tried to talk to some dispatchers and from the input that I got, is that if they're calling from a landline, most likely they can trace where the location is at. But if there is a cell phone or some other way they're calling in, it's only their information that they give out. So, for example, if they said that I'm at Maile Street, well, unless they clearly define where, they have to take into consideration all of the island, Maile in all of the island. So, it really comes down to what the person is saying and most likely, they'll say Maile and Leilani. And that's what's going to be said to the responder. Page 26 Hawaii County Council-52 October 18,2016 So, when I found that information, I realized it's more important to actually get Ma`ili to Maile back again, because mostly everybody around that area knows Maile Street. If they were to report an emergency call, they would say the accident happened on Maile Street. They wouldn't say it happened on Ma`ili Street. CHR KANUHA: Okay, thank you, Ms. Eoff Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman. I'm reading the letter in opposition or testimony in opposition to Bill 234, and of course, it makes sense. This is from the Fire Department and they're concerned about response time and their ability to respond in a timely manner. But could I ask a question? Who names streets? Doesn't it come to the County Council? I think it does come to the County Council. MR. HENRICKS: Since you asked, generally it's handled by the Planning Department. They have master control of all the street naming and they have procedures for doing so. In the past, the Council has named or propose initiation of naming streets by resolution. The Code has some conflicting language in it. In one section, it states that the Planning Director shall name all streets, in another session it states that the Council, by resolution, can initiate a street-name change. But, for the most part, in the last x amount of years, it's been handled within the Planning Department exclusively. MR. CHUNG: Okay. Well, in any event though, there are some checks and balances, right? For making sure that you don't have two same street names in close proximity to one another, whether it be with the Council or the Planning Department. This is a real isolated incident that Greggor is trying to address, and I just say we go ahead and do it over the objections of the Fire Department. Because we had hoped that whoever is in charge of naming streets will coordinate with the Fire Department when the time comes, so that you don't have duplication of names in the same area. That's just my thought. Thank you. CHR KANUHA: Thank you. Any other discussion before I ask for Mr. Eagan? And the amendment? Motion to Amend: Mr. Eagan moved to amend Bill 234 with the contents of Comm. 1025.2. Seconded by Mr. Paleka. CHR KANUHA: Mr. Eagan, I'm going to give you the floor, but I just got a message that the Chief is in a training and wondering if he should be pulled out for this discussion. MR. ILAGAN: There is a second reading, and I don't think it's necessary. He can come to the second reading. Page 27 Hawaii County Council-52 October 18,2016 CHR KANUHA: Just as an FYI (For Your Information) for the Council, he probably won't be able to make it for this discussion. Mr. Eagan, on the amendment. MR. ILAGAN: Thank you, Mr. Chairman. This amendment came from our previous discussion. This eliminates the judicial district and there won't be any duplication of street names within the same ZIP Code zone. Point of MS. EOFF: Point of clarification. Clarification: CHR KANUHA: Ms. Eoff MS. EOFF: Are we amending with 1025.1 or 1025.2? CHR KANUHA: Two. MR. ILAGAN: Two. MS. EOFF: Thank you. CHR KANUHA: Mr. Eagan, you still have the floor, unless you want to yield. Okay, Council Members, on the amendment, we're on 1025.2. I think we had discussion about this the last time and it was fairly simple. Any other discussion on this before I ask for the vote? Okay, the motion is to amend with 1025.2. All in favor of that motion say "aye." Vote on Motion to The motion to amend Bill 234 with the contents of Amend: Comm. 1025.2 was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Now, on the main motion as amended. Any discussion? And this again, for clarification purposes, will, if passes, move to second and final reading in November. Okay, Ms. David. MS. DAVID: Thank you, Chair. I just wanted toI just got a chance to read the letter from the Fire Department and I will be supporting the amendment, but I'm anxious to hear from the department as well. I just wanted to make that note on the next go around. Thank you. Page 28 Hawaii County Council-52 October 18,2016 CHR KANUHA: Thank you, any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Bill 234: The motion to pass Bill 234, as amended to Draft 2, was Draft 2: was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Okay, Mr. Clerk, 665-16, and then we'll get to the Fireworks bill. Res. 665-16: AUTHORIZES THE EXTENSION OF THE PUBLIC SEWER FROM THE INTERSECTION OF LAIMI STREET AND ONOMEA STREET WITHIN TAX MAP KEYS: 2-8-007:092 AND 093 FOR THE PU`U`ALALA VILLAGE MUTUAL SELF-HELP PROJECT AT PEPE`EKEO, SOUTH HILO, HAWAII, FOR HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION Authorizes this application for a sewer extension, as recommended for Council approval by the Director of Environmental Management, pursuant to Chapter 21, Article 3, Division 4, of the Hawaii County Code. Reference: Comm. 1083 Intr. by: Ms. Poindexter Waived: EMC Motion to Approve: Ms. Poindexter moved to adopt Res. 665-16. Seconded by Ms. David. CHR KANUHA: Ms. Poindexter. MS. POINDEXTER: We have Jeremy McComber, I guess, in the Hilo chambers if anybody has any questions. I'll yield at this time. CHR KANUHA: Thank you. Council Members, any discussion? Okay, hearing or seeing none, all in favor of the motion to approve say "aye." Page 29 Hawaii County Council-52 October 18,2016 Vote on Res. 665-16: The motion to adopt Res. 665-16 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: Okay, Mr. Clerk, can we go to Bill 241? Bill 241: RENUMBERS CHAPTER 26 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE HAWAII STATE FIRE CODE, REPEALS CHAPTER 14, ARTICLE 5, AND ADDS AN AMENDED VERSION OF THIS ARTICLE, RELATING TO FIREWORKS, INTO CHAPTER 26 Updates the fireworks section of the County Code to be consistent with the Hawaii Revised Statutes. Reference: Comm. 1061 Intr. by: Mr. Onishi Approve: PSMTC-23 Motion to Approve: Mr. Onishi moved to pass Bill 241 on first reading and adopt Public Safety and Mass Transit Report No. 23. Seconded by Ms. David. CHR KANUHA: Mr. Onishi. MR. ONISHL Thank you, Mr. Chair. Mike, do you want to come up? (Note: At this time, Fire Department's Fireworks Auditor Michael Matsui came forward to address the members of the Council.) MR. ONISHL Can you state your name for the record? MR. MATSUI: Michael Matsui, Fire Department, Fireworks Auditor. MR. ONISHL I guess, Council Members, if you folks have any other questions, Mike is here to answer them, so, I yield. CHR KANUHA: Thank you, Mr. Onishi and just for your information, because you were at the WIR (Western Interstate Region) Conference the last committee Page 30 Hawaii County Council-52 October 18,2016 meeting, we did hear about all of the amendments and why it's happening. So, we did have a good discussion. Again, if Council Members, you have any other questions for Mr. Matsui? Sure, Mr. Paleka. MR. PALEKA: You know this past weekend, there was a fireworks display. I guess seemed like that area, I could see it from my house. MR. MATSUI: In what area? MR. PALEKA: Someplace near Kea'au. MR. MATSUI: It wasn't permitted. MR. PALEKA: It wasn't permitted? Better yet. Let's pass this bill. CHR KANUHA: Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Bill 241: The motion to pass Bill 241 on first reading and adopt (Approved) Public Safety and Mass Transit Report No. 23 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: Thank you. MR. MATSUI: Thank you. CHR KANUHA: Thank you for being patient with us. MR. MATSUI: Thank you. It's good to be out of the rain, into the sunshine. CHR KANUHA: Okay, if you guys don't mind, I can go to the top of the agenda. If you guys don't want any others out of order? Okay, Mr. Clerk, if we can go to the top of the agenda. Return to Order The Chair directed the Council to return to the order of business. of Business: Page 31 Hawaii County Council-52 October 18,2016 ORDER OF The Chair directed the Council to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. Res. 656-16: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAII BY AMENDING RULE NO. 2, RELATING TO VIDEOCONFERENCE MEETINGS Allows a Council Member to participate from the designated Council Chamber after giving notice of participation from a videoconference site. Reference: Comm. 1066 Intr. by: Mr. Onishi Motion to Approve: Mr. Onishi moved to adopt Res. 656-16. Seconded by Mr. Paleka. CHR KANUHA: Go right ahead, Mr. Onishi. MR. ONISHL Thank you, Mr. Chair. Okay, so what happened was, about maybe three months ago, four months ago, I had requested to do videoconferencing because of something that was coming up. What happened was, that event or that thing that I had to attend got canceled, so then I asked the Clerk that I wanted to come to Kona to be with you guys, right? Fellowship, right? But they said I couldn't because of our rules. But the Clerk is laughing, but I had asked them, "What about OIP (Office of Information Practices)?" Would that—would I be, I guess, violating anything? He said no, but it's because of our Council Rules that restricted me from coming over. So, I wanted to do this change, which you folks all have in front of you. It's just basically saying that if something, you know, if it changes where you can now attend at the official site, that you'll be allowed to and you wouldn't have to stay by yourself in another area, right? So, I'm just asking for your support. Thank you. CHR KANUHA: Thank you, Mr. Onishi. Council any discussion? Mr. Chung. MR. CHUNG: Where is our County Clerk, Deputy County Clerk? I should have looked at this earlier. So, what specifically does HRS (Hawai`i Revised Statute) Section 982-7 require? MR. HENRICKS: It generically requires us, meaning the Clerk's Office, to note on the agenda that the meeting will be conducted with interactive conference technology, which means videoconference. MR. CHUNG: Okay, so it doesn't address what we're talking about here then? MR. HENRICKS: These Council Rules are an expansion of what is provided in HRS 92-7 or 92-3.5. Page 32 Hawaii County Council-52 October 18,2016 MR. CHUNG: I speak strongly in favor of this. I think it's a very sensible rule amendment. I had a bad experience myself because we want to participate, right? This actually hinders us from participating sometimes because we didn't give proper notice. It's ridiculous. I'm for this all the way. Thank you very much, Mr. Onishi. CHR KANUHA: Thank you. Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chairman. I also have experienced the same problem and I support this as well. I just want to say thank you to Mr. Onishi for remedying this situation. CHR KANUHA: Ms. Eoff MS. EOFF: Just a question to maybe Mr. Onishi knows or maybe the Deputy Clerk, would we have to change the way we reference that on our agenda then? MR. HENRICKS: The reason why our agendas are drafted the way they are is because of the Council Rule. But, I just want to make clear that in the conversation that we have had, or did have, and I do like fellowship always, but I don't know what the State's position is as far as putting on our agenda that we're going to conduct a meeting by interactive conference technology. And if this rule passes, then we will change our approach, naturally, to how we handle that, and then, somebody changing their mind and deciding to attend. I don't know if that is something that would be frowned upon. But, I will say that generally, fellowship is much better. So, it is preferable if Council Members can attend at the site. Again, I didn't want to appear that we had made a ruling or we had spoke to OIP and from them, they said it's okay to take this path. If this rule does change, this Council adopts this rule change, we'll talk with them and find out how we can best move forward to doing our agendas properly, and still allow for the Council to participate based upon this new rule, if it passes. MS. EOFF: I appreciate that we would have the flexibility. I sort of vaguely remember a discussion and OIP being either involved in it somehow, because if we state that Council Members will be in a certain location and then they're not, that might be a problem. So, I don't know, we just have to state it differently on the agenda. Hopefully, we can figure that out. Thank you. Thank you, Mr. Onishi. CHR KANUHA: Ms. Wille. MS. WILLE: Our end of the table does support this. Anyway, I agree. I think one thing is what Ms. Eoff was bringing up about notice to the public. I would Page 33 Hawaii County Council-52 October 18,2016 think thatI know on a few occasions in the past, I had questions, shall I go where so and so is going to be? Or like where it was in—where Mr. Onishi is over in Hilo or here in Kona where it's being held. Anyway, in talking to OIP, I would see what kind of subsequent notice because sometimes, if there is time, I think that notice should go out to the public, the revised notice. So that if you were going to be over in Hilo, there may be people that if Fresh is going to be there, I'm not just going to make the trip to Kona, and then they arrive. and then all of a sudden Fresh is over here. So, it's really getting where reasonably, we can put out a revised notice that we would do so. Then the question gets down to if it's canceled within the 24-hours, but again, we move on, and if it needs to be modified we can do that going forward or you all can do that going forward. CHR KANUHA: Thank you, Ms. Wille. Mr. Paleka. MR. PALEKA: No, I'd just like to support the same thing. I think this body needs to remain adaptive and flexible as mentioned. You never know what might come up. If state of war or whatever, then you have to flex. In regard to the language, that teleconferencing may be conducted if need be. The language can always be changed. So, I trust you folks will continue to adapt. Thank you. CHR KANUHA: Thank you, Mr. Paleka. Ms. David. MS. DAVID: Thank you, Chair. I just wanted to say mahalo to Mr. Onishi for bringing this up. I think it allows us as Council Members a more fluid opportunity to participate the way it has been before. I recall that it really affected someone's desire to participate ina Council Member's desire to participate, and when he found out he couldn't, it really made an impact on him. So, I think this allows us to make—to adjust for schedules that change and I like that flexibility, so, thank you, Mr. Onishi. CHR KANUHA: Mr. Onishi. MR. ONISHL Thank you, Mr. Chair. As Ms. David had just mentioned, yes, it was like a schedule change, so, something that was planned maybe a month ago, and then I had prepared for attending, and then it got canceled. So, I wanted to attend the meeting in the official area, but I couldn't. So, that's basically what it is about. Thank you. CHR KANUHA: Thank you. Mr. Chung. MR. CHUNG: Thank you. Mr. Deputy County Clerk, I'd like to ask one more question. Maybe I wasn't listening too well the last time, so with regard to HRS Section 92-7, does it require the physical location part? Page 34 Hawaii County Council-52 October 18,2016 MR. HENRICKS: I'd have to look at that. I believe it does, and what it says basically is you let people know where the interactive meeting is going to be located and that they can also come and participate as well. MR. CHUNG: Right, but it doesn't say that we have to place on the agenda where each Council Member will be? MR. HENRICKS: No. Again, that is an expansion of 3.5 into our rules. MR. CHUNG: Right. Let me give you guys my experience. This is a little bit different from Mr. Onishi's. There was one time I was planning to be in attendance in Hilo, when the meeting was here in Kona. But then upon finding out that my appointment was canceled, I decided to just come here. So, I didn't even submit my request. Then I found out later that I had to make a presentation later on in the evening, so what happened was, I couldn't stay in Hilo. I had to come all the way to Kona and I had to leave early, like at about four o'clock. I think the most important thing that we should be looking at is participation and attendance, right? Whether it's in Hilo or here, obviously, we want people to be at the same locale as much as possible. This one doesn't address the situation that I brought up. We should just take out physical location, about saying where the name—where each Council Member will be. That's what I think. But we can work on that later on, Mr. Onishi. I just wanted to point out he is only talking about one situation, but there's an opposite situation that also can arise from time to time. That's all. Maybe we can talk about it more later, but I'm supportive of this. CHR KANUHA: Thank you. Council Members, any other discussion before I say something? Okay. I completely agree. I've been handling a lot of these situations and it's been tough to tell you guys sorry, you can't talk at the other location because your physical location is here in Kona, whatever it is. I hated doing that. I'm glad that this is coming through because it makes complete sense, as long as we're going with what HRS Section 92-7 says and we're complying with the Sunshine Laws, I'm fine with that. I think it does this will have effects of greater participation and sometimes we never know what's going happen. It's very difficult to tell. I mean even though these are scheduled meetings, it's very difficult to tell what could happen within a week. Things pop-up all the time and sometimes, we're not in control of those. So, I'm in favor of this and maybe the next meeting we can see about the actual what Mr. Chung was saying, the physical location. But, I'm notI'm open to supporting this, and I completely agree with it. Okay, saying that, we can go for the vote, unless anybody wants to say one more thing. Okay, all in favor of approving Resolution 656-16 say "aye." Page 35 Hawaii County Council-52 October 18,2016 Vote on Res. 656-16: The motion to adopt Res. 656-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha–9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Mr. Clerk, Resolution 660. Res. 660-16: 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 WAIMEA OUTDOOR CIRCLE TO PURCHASE A WOOD CHIPPER Transfers $1,500 from the Clerk-Council Services –Contingency Relief account (Council District 9); and credits to the Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 1078 Intr. by: Ms. Wille Motion to Approve: Ms. Wille move to adopt Res. 660-16. Seconded by Mr. Onishi. CHR KANUHA: Go right ahead, Ms. Wille. MS. WILLE: This is—some of the storms, there were trees that came down and they need to deal with them. This will help their costs. I think it's actually—it says wood chipper, it won't really be wood chipper services, this won't cover the cost of a wood chipper. But anyway, this is for Waimea Outdoor Circle, and dealing with storm issues and trying to help out. I urge you to support. CHR KANUHA: Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Page 36 Hawaii County Council-52 October 18,2016 Vote on Res. 660-16: The motion to adopt Res. 660-16 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: Next item. Res. 661-16: 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 ISLAND OF HAWAII YMCA FOR THE YMCA FAMILY VISITATION CENTER PROGRAM Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 1079 Intr. by: Mr. Chung Vote on Res. 661-16: Mr. Chung moved to adopt Res. 661-16. Seconded by (Adopted) Mr. Onishi and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Next item. Page 37 Hawaii County Council-52 October 18,2016 Res. 662-16: 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 HILO MEDICAL CENTER FOUNDATION TO ASSIST WITH TRANSPORTATION COSTS FOR STUDENTS ATTENDING THE TEEN HEALTH CAMP Transfers $4,500 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Mass Transit Agency, Other Current Expenses account. Reference: Comm. 1080 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 662-16. Seconded by Mr. Paleka. CHR KANUHA: Ms. David. MS. DAVID: Thank you. Ms. Rantz was here, I guess, when I was not here and testified about this great program for Teen Health Camp. My contingency will be funding six buses to get the kids from our rural areas around the island to this camp. So, I appreciate your support for this very, very good cause for our kids. 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 662-16: The motion to adopt Res. 662-16 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: Next item. Page 38 Hawaii County Council-52 October 18,2016 Res. 663-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE SLEEPING BAGS FOR THE DEPARTMENT OF PARKS AND RECREATION'S PRINCESS ABIGAIL WAHIIKA`AHU`ULA KAWANANAKOA CENTER Transfers $500 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 1081 Intr. by: Mr. Onishi Motion to Approve: Mr. Onishi moved to adopt Res. 663-16. Seconded by Mr. Paleka. CHR KANUHA: Mr. Onishi. MR. ONISHL This is just to provide Kawananakoa Gym sleeping bags so they can have sleep overs. They just had an excursion where they took some of the community kids on this camping trip up someplace in Mauna Kea on some State lands. So, they'll be utilizing that and then it'll be for the center's use only and not for individuals to take it home. So, I ask for your support. Thanks. CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Res 663-16: The motion to adopt Res. 663-16 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: Next item. Page 39 Hawaii County Council-52 October 18,2016 Res. 664-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR "OUR PLANTATION CAMP," A CHRISTMAS CELEBRATION FOR THE SENIORS IN HAMAKUA Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Parks and Recreation, Elderly Activities Division Recreation Other Current Expenses account. Reference: Comm. 1082 Intr. by: Ms. Poindexter Motion to Approve: Ms. Poindexter moved to adopt Res. 664-16. Seconded by Ms. David. CHR KANUHA: Ms. Poindexter. MS. POINDEXTER: It's self-explanatory and I ask for your support. Thanks. CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Res 664-16: The motion to adopt Res. 664-16 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: Next item. Res. 670-16: AUTHORIZES THE EXTENSION OF THE PUBLIC SEWER FROM THE MAKALA BOULEVARD EXTENSION WITHIN TAX MAP KEY: 7-4-020:015 FOR THE KONA JUDICIARY COMPLEX AND FOR FUTURE IMPROVEMENTS AT KEAHUOLU, NORTH KONA, HAWAII, FOR QUEEN LILI`UOKALANI TRUST Authorizes this application for a sewer extension, as recommended for Council approval by the Director of Environmental Management, pursuant to Chapter 21, Article 3, Division 4, of the Hawaii County Code. Reference: Comm. 1090 Intr. by: Ms. Eoff Waived: EMC Page 40 Hawaii County Council-52 October 18,2016 Motion to Approve: Ms. Eoff moved to adopt Res. 670-16. Seconded by Mr. Onishi. CHR KANUHA: Ms. Eoff MS. EOFF: Thank you, Mr. Chair. This was waived due to a request because I think the judiciary is just about ready to break ground next week, so, I urge you to support this. CHR KANUHA: Thank you. Any other discussion? Mr. Onishi. MR. ONISHL Thank you, Mr. Chair, I just have one crazy question. So, if we don't approve this, they cannot build their building? So, let's talk to the Legislature, find out—give us more TAT (Transient Accommodations Tax), and then we'll approve this. I yield. CHR KANUHA: Great point. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Res 670-16: The motion to adopt Res. 670-16 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: Next item. Res. 676-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO PUNA COMMUNITY MEDICAL CENTER FOR EQUIPMENT AND MATERIALS Transfers $5,800 from the Clerk-Council Services –Contingency Relief account (Council District 5); and credits to the Research and Development, Hawaii County Resource Center account. Reference: Comm. 1104 Intr. by: Mr. Paleka Motion to Approve: Mr. Paleka moved to adopt Res. 676-16. Seconded by Mr. Onishi. Page 41 Hawaii County Council-52 October 18,2016 CHR KANUHA: Go right ahead, Mr. Paleka. MR. PALEKA: Just asking for your support of my continued effort to help our Puna Community Medical Center in keeping services to our community as desperately needed, especially to the clientele they serve. 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 676-16: The motion to adopt Res. 676-16 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: Next item. Res. 679-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR AN EDGE BANDER FOR THE DEPARTMENT OF PARKS AND RECREATION Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Parks and Recreation, Maintenance Equipment account. Reference: Comm. 1107 Intr. by: Mr. Onishi Motion to Approve: Mr. Onishi moved to adopt Res. 679-16. Seconded by Mr. Paleka. CHR KANUHA: Mr. Onishi. MR. ONISHL Thank you, Mr. Chair. This is just some equipment that I'm getting for the carpentry shop for them to make their jobs much better. So, when Council Members who are coming for the next term, you guys will have an easier time in getting your facilities repaired. So, you're welcome. CHR KANUHA: Thank you, Mr. Onishi. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Page 42 Hawaii County Council-52 October 18,2016 Vote on Res 679-16: The motion to adopt Res. 679-16 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: Next item. Res. 680-16: 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 MALAMA KAI FOUNDATION TO ASSIST WITH ADMINISTRATIVE EXPENSES RELATING TO THE WEST HAWAII FISHERY COUNCIL'S EFFORTS TO PROTECT AND PRESERVE THE COAST OF WEST HAWAII Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Liquor Control, Public Programs account. Reference: Comm. 1108 Intr. by: Ms. Wille Motion to Approve: Ms. Wille moved to adopt Res. 680-16. Seconded by Ms. Poindexter. CHR KANUHA: Go right ahead, Ms. Wille. MS. WILLE: So, I think we heard the testifier who came here from West Hawai'i Fisheries Council. My focus really here is getting more outreach. Their meetings are basically in Kona, but it is those people in North Kohala and South Kohala and my district that have a big interest. And so, I'm trying to get more—enable them to have more participation in this process and not feel somewhat outside or not be able to go there. And also, wanting them to engage more youth in this effort and educate them. So, it's outreach. It does go from Ka'u up to my district. So, I did ask if I gave a certain amount that they could really use more to do more outreach and would be really helpful and tried toI mean this is an area that has an economic importance, sustainability and cultural importance, down the line, and we're trying to get it where all the voicesa vehicle informed where voices come together. So,just trying to encourage that and allow my district to participate in a more meaningful way. Page 43 Hawaii County Council-52 October 18,2016 CHR KANUHA: Thank you, Ms. Wille. Discussion, Council Members? Mr. Onishi. MR. ONISHL She mentioned if you can give them more money. Thank you. MS. WILLE: Clarifying that point that it really was left to those other districts, or I'm going to pass that on to my pal, Tim. CHR KANUHA: Thank you, Ms. Wille. Thank you, Mr. Onishi. Any other discussion? Just briefly, we got the request a month ago to help with contingency funds and I was all for it. I just didn't get a response back from them. So, I told them keep up with the responses and then you might get the money faster. But, I'm glad to support this resolution and look forward to supporting the Fisheries Council in the future for the public outreach portion. Okay, all in favor of the motion to approve say "aye." Vote on Res 680-16: The motion to adopt Res. 680-16 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: Next item. BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): (Note: Items in this category were taken up previously, out of order.) 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 44 Hawaii County Council-52 October 18,2016 Bill 243: 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 —Hawai`i Criminal Justice Data Center—Overdue Disposition account ($12,000); and appropriates the same to the Hawaii Criminal Justice Data Center—Overdue Disposition account. Funds would be used for overtime costs incurred by staff of the Prosecuting Attorney's Office to research charges identified by the Hawaii Criminal Justice Data Center with overdue dispositions. Reference: Comm. 1068 Intr. by: Ms. Eoff First Reading: October 5, 2016 Vote on Bill 243: Ms. Eoff moved to pass Bill 243 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: Next item. Bill 244: AMENDS ORDINANCE NO. 16-73, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2016, TO JUNE 30, 2017 Adds the Public Works Ane Keohokalole Highway—Hinalani to Kaiminani— Fair Share project for $84,256 to the Capital Budget. Funds for this project shall be provided from Fair Share Contributions ($84,256). Funds would be used for the planning and design of a new major collector road that runs parallel to the Queen Ka`ahumanu Highway. Reference: Comm. 1069 Intr. by: Ms. Eoff First Reading: October 5, 2016 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Page 45 Hawaii County Council-52 October 18,2016 Motion to Approve: Ms. Eoff moved to pass Bill 244 on second and final reading. Seconded by Mr. Paleka. CHR KANUHA: Go right ahead, Ms. Eoff. MS. EOFF: Thank you. I do have an amendment and this time, I think it is a typo. So, the spelling of Kaiminani needs to be corrected. If you look at Communication 1069.1, you'll see the correction. Vote on Motion to Ms. Eoff moved to amend Bill 244 with the contents of Amend: Comm. 1069.1. Seconded by Mr. Paleka and carried by the (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: Now, Bill 244 as amended. This is a non-substantial amendment so we can move on with the discussion and vote. Ms. Eoff, go ahead. MS. EOFF: I just am very excited about this. I kind of worked with the administration the last few years to make sure that we do start this project. It's an important connector road and would add to our mass transit routes as well as give people an option to get off of Queen Ka`ahumanu Highway and Palani Road during the high-traffic hours. And with this phase 3 of Ane Keohokalole Highway, we would connect Henry Street all the way to Palama Nui. So, it's a long, expensive project, but this is the first step. So, thank you very much for your support. CHR KANUHA: Thank you, Ms. Eoff. Any other discussion on the motion as amended? Okay, hearing or seeing none, all in favor of the motion to approve say Ic aye. Page 46 Hawaii County Council-52 October 18,2016 Vote on Bill 244: The motion to pass Bill 244, as amended to Draft 2, on Draft 2: second and final reading was carried by the following voice (Adopted) 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. FC-76 NOMINATION OF MICHELE LUAHIWA NAMAHOE TO THE MERIT (Comm. 1073): APPEALS BOARD Motion to Approve: Ms. Poindexter moved to adopt Finance Committee Report No. 76. Seconded by Mr. Paleka. CHR KANUHA: Council Members, discussion. Mr. Chung. MR. CHUNG: Mr. Chairman, there has been a request by Mayor-elect Harry Kim to file the communications in order for him to come up with his own set of nominees. I was quoted in today's paper, the West Hawaii Today. My suggestion was maybe to have some kind of compromise where we just postpone voting on this, and allow the Mayor-elect to come and at least vet these nominees. In certain regards, I share his concern. These positions have been left open. Ms. Namahoe, whose nomination I support 100 percent incidentally, okay?. The position that she's filling actually termed out at the end of 2015, but, the person who held that position held over until March. So, that thing has been opened, March, April, May, June, July, August, September, seven months. So, it's kind of, maybe, concerning—disconcerting that these things come in right at the back end. I will tell you this, the reason why I'm inclined to ask for a postponement on this is severalactually, more than several of our employees, our County employees, maybe they don't understand the role of the Merit Appeals Board too well, and frankly speaking, I don't really know precisely what they do, maybe Ms. Poindexter might be in the best position to explain to us. But, there is this feeling that changes need to be made within that department. And I think it would behoove us to at least take some of those concerns to heart. I mean maybe you guys have heard some things, maybe not, I don't know, but just to provide the new administration time to come in, give them the opportunity. If they don't make the effort, well then, so be it. But maybe hold it off for one meeting, two meetings, this is last—you know, we can just vote on this at the last Page 47 Hawaii County Council-52 October 18,2016 meeting and it will be approved. But, I think in fairness to all, not just the new administration, but our employees, we should maybe take a little bit longer time on this. But again, as I said, it's not to say that I'm against Ms. Namahoe's nomination. I spoke to her on the phone and she invites the Mayor-elect to come and talk to her. When I made my discussion to her, I talked about fairness and I stand by that. I believe this woman is a very fair individual, impeccable credentials. But just to do things right, I think, given the time we've spent without a person in that position, I would say just hold off a little longer. But you guys do whatever you want, but I'm going to make a motion for a postponement. Not right now, but after I hear from everyone. CHR KANUHA: Thank you, Mr. Chung. I'll give it to Ms. Poindexter real quickly, but just for clarification purposes and for point of information to the Council, we have a certain amount of days to approve these nominations, and this current nomination needs Council action by October 30, 2016 or it will be automatically confirmed. Also, to the next nomination is Council action due by October 30th. So, this is just part of theI don't know if it's a Code or the Charter that these have to be have Council action by a certain amount of time or else they will be automatically approved. Is that correct, Mr. Clerk? So,just as a point of information for everyone, before we start more discussion. Ms. Poindexter. MS. POINDEXTER: That is a good point, so, thank you for bringing that up because I want to go ahead and confirm because I don't want toI don't know, I feel like if—say the people not getting elected this term, like Ms. Wille, and we say hold up on your stuff because we want to give Tim Richards—you're going to be out of office pretty soon and Tim has to take this over. So, out of respect for the person coming in, maybe you shouldn't be doing this or that. I just have a hard time with that because for me, it's like setting a precedent on us as a Council. So, I just say that we do what we normally do. And out of respect—no disrespect for Mayor-elect Kim, and no disrespect to our current Mayor as well, that we proceed as we normally do. Thank you. CHR KANUHA: Thank you, Ms. Poindexter. Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chairman. Mr. Chung brought up a good point, and even though we have a Charter requirement, maybe we should take just a Council meeting to think about maybe finding a solution somehow. I am open to a postponement to the next Council meeting,just to think about it and maybe come up with some sort of solution. Thank you. MR. HENRICKS: Mr. Chair, that wouldn't give us time. Page 48 Hawaii County Council-52 October 18,2016 CHR KANUHA: Again MR. HENRICKS: It's October 30. CHR KANUHA: Again, for these two nominations, October 30th is the deadline. The next Council meeting is in November, so, they would automatically be confirmed whether we postpone it or not. Just as an FYI. Mr. Onishi. MR. ONISHL Thank you, Mr. Chair. Luahiwa Namahoe is in my district and I represent them. I don't see any problem about confirming her. I can vouch that she's a great, great person. We have got to remember, when the previous administration, when we were doing—when they were doing the Puna CDP, Chris Yuen and the administration requested pass it now and amend it later. They could have waited for the next administration or next Council to come in to listen to what was going on and then do the correction. But no, they wanted the Council at that time to pass it because they wanted to go out with it. Then when we got in, as new members, we had to amend it because there were flaws, and what we had to go through because the people in Puna were totally against it. I said what are you doing? Why are you trying to change this? We want it this way, but it was requested by the administration and now they're saying to postpone this and then let the next administration decide? Come on. If you were fair the first time, then it's fair now. But, if you weren't fair that time, then how can you request to be fair now? You know what I mean? So, members, I just ask, please support this and we vote on it. Thank you. CHR KANUHA: Mr. Paleka. MR. PALEKA: I think we should hold off in naming our Supreme Court Justice—only kidding. You know what? Let's do our job, man. CHR KANUHA: Ms. Wille. MS. WILLE: These are people that came before us at committee. I think it's only appropriate that we proceed and vote for them. I guess I'm trying to look at this somewhat case-by-case. I think if there are other nominees that come forward where they're just coming into committee, if we've got questions or think it's something that—someone that we've got a question about, then we should vote no and leave it on there and take that into consideration what soon to be Mayor Kim has to say. But anyway, I'm definitely supporting these. These are people who came in and I haven't heard any controversy about either one of them. There's not like there's something being—they're controversial figures that perhaps need more vetting, so, I'm going to support them. CHR KANUHA: Thank you, Ms. Wille. Ms. David. Page 49 Hawaii County Council-52 October 18,2016 MS. DAVID: Thank you, Chair. I would have to—my position would be as the Legislative Branch, it is our duty, that when things come before the agenda, unless there's an absolute emergency or a conflict that we cannot act, I really believe it's our responsibility to act. In all due respect to the Mayor-elect, I believe I do have the same respect for our Mayor now who is—who has this responsibility of appointing people to these commissions. I really have to trust in the process and I believe that we need to do our jobs, as Mr. Paleka stated. So, I will be moving forward. Ms. Wille, I think you have been the champion of asking this administration to fill positions throughout the year, and I'm really thankful that you've brought that much attention to this. And so, I see this as an effort by this administration to appoint these people, and we have the discretion whether to confirm them or not. We need to do our job, like Mr. Paleka said, with all due respect, thank you. CHR KANUHA: Thank you, Ms. David. Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman. I said earlier that I probably would be making a motion for postponement, but based on what our Deputy County Clerk said, we really have no choice. I did make mention that I support this woman's nomination wholeheartedly, as I do with Mr. Tam's. I don't really know him, but he made really good statements too. It's only because of that deadline that I'm now going to back off from a postponement. There has been some mention about a past administration trying to rush through the General Plan amendments, but that's the result of many, many years of working on something. It's different from something like this. Of course, you want to rush it through because if it gets into the new term, then they're going to have to start all over again. So, you want to rush things through at that point. But on this one, where's the rush? It's been vacant for a long time, so, it just raises a lot of concerns, not just on the part of the public, but it raises some concerns on my part, too. Why coming—why did they come in at the back-end? Ms. Wille and Mr. Kanuha have been asking the administration, "Come on, bring up the appointments." I know it's very difficult, but this is really important, this Merit Appeals Board. Although I confess, I don't know exactly what they do. I know they appoint though, the HR (Human Resources) head and there are other policies that they implement over there. But again, it's all moot as far as I'm concerned. If the administration had their concerns, they should have come over here and maybe spoke in opposition to each of the individuals. That would have been more appropriate, but they haven't done that. They want to do it en masse as I was quoted in the paper as saying, and I think that's inappropriate. But anyway, okay, I'll support it. Thank you. Page 50 Hawaii County Council-52 October 18,2016 CHR KANUHA: Mr. Onishi. MR. ONISHL I just need to clarify it was the CDP and not the General Plan, okay? So, it was the Community Development Plan for Puna, which, like I said, had flaws where they needed to continue to work on it, but they just wanted to pass it already. So, I'm just clarifying that part. Thank you. Because right now, they're going to the General Plan, right? It looks like it's going to be the next administration that is going to have to continue working on it and also the next Council that's going to pass that, right? So, that's something good where it's not being rushed, right? Thank you. CHR KANUHA: Thank you, Mr. Onishi. Any other discussion? Just briefly, I support this nomination, and as I was quoted in the paper, I took Mayor Kim's letter to us under consideration. If told—he should have written that to the Mayor, and he could have talked to the administration about it. You know, hey, we're trying to do this, this, and this, if we could work together on the nominations it would be great. But, it came to the Council and to me, that kind ofI'm not saying that I'm upset about it, we're going to take it under consideration and I'm glad we are. We also have a duty. We've been stating throughout the years to get these nominations in. We can go back and forth on the timeliness of it, but these nominations, it's so difficult to get people on these boards in the first place. I'm glad to finally have some people that are going to dedicate and volunteer their time to be on these boards. But, we have a duty, we have a job to do. We're going to vet them and take them seriously and move on with our business. That's what I, for myself, I'm going to do. But, I appreciate you guys all with the discussion, now that it does come out. You had two chances, Mr. Chung, you can talk on the next one. MR. CHUNG: Okay. Alright. CHR KANUHA: I'm going move forward with this one, so we can move on. Okay, seeing no other discussion on this particular report, can I have a motion to approve the nomination of Michele Luahiwa Namahoe to the Merit Appeals Board? Sorry, I mean all in favor of approving say "aye." Page 51 Hawaii County Council-52 October 18,2016 Vote on FC-76: The motion to adopt Finance Committee Report No. 76 (Adopted) was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha–9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Next item. FC-77 NOMINATION OF MITCHELL TAM TO THE MERIT APPEALS BOARD (Comm. 1074): Motion to Approve: Ms. Eoff moved to adopt Finance Committee Report No. 77. Seconded by Ms. Poindexter. CHR KANUHA: Any discussion? I know Mr. Chung wanted to say something. Mr. Chung. MR. CHUNG: Thank you. Maybe I can ask the Deputy County Clerk this question. So, how long are these terms? From the point of—from the time of appointment or by the year? I mean how does it work? When does their term end, these individuals? CHR KANUHA: I can answer that. In the communication, it states how long. MR. CHUNG: What is it? CHR KANUHA: For Mitch Tam, it says term to end December 31, 2019. MR. CHUNG: 2019. CHR KANUHA: Replacing Jube Kuewa, who's term ended on December 31, 2014. MR. CHUNG: So, it relates back to when that position was vacant then? CHR KANUHA: That, I do not know. MR. CHUNG: Right, so you don't tack on five years from today in other words? It's five years from the point of vacancy. Page 52 Hawaii County Council-52 October 18,2016 MR. HENRICKS: It appears that way, but I'm not certain how they calculate these things. MR. CHUNG: Okay. Alright, that's fine. Thank you. CHR KANUHA: Thank you for that information. Any other discussion, Council Members, on this nomination? Okay,just briefly, I'm glad to support Mitch Tam. He's a great individual, as I stated the last time. It will be great to see him doing some volunteer service for the community. So, thank you, Mitch Tam for volunteering. All in favor of the motion to approve the nomination of Mitchell Tam to the Merit Appeals Board say "aye." Vote on FC-77: The motion to adopt Finance Committee Report No. 77 (Adopted) was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Mr. Clerk, we got everything? MR. HENRICKS: All clear. CHR KANUHA: Okay, may I have a motion to adjourn? REFERRALS FOR The Chair directed the Council to proceed to the next order of business, EXECUTIVE Referrals for Executive Sesison. SESSION: (There were none.) OTHER The Chair directed the Council to proceed to the next order of business, BUSINESS: Other Business. (There was none.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) Page 53 Hawai`i County Council-52 October 18,2016 ADJOURN- There being no further business, at 11:56 a.m., Ms. Poindexter moved to adjourn MENT: the meeting. Seconded by Mr. Onishi and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Paleka, Onishi, Poindexter, Wille, and Chair Kanuha— 9. Noes: None. Absent: None. Excused: None. CHR. KANUHA: We are adjourned. !QV 022O Council Approval: 4 COUN ! E' SM/jm Page 54