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HomeMy WebLinkAboutMIN COUNCIL 2016/11/02 2014-2016 Hawaii County Council 53rd Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii November 2, 2016 INVOCATION: Pastor Bob Tominaga of Thy Word Ministries gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:01 a.m., in the Council Chambers, Hilo, by Mr. Dru Mamo Kanuha, Chair. ROLL CALL: Present: Mr. Dru Mamo Kanuha, Chair Ms. Valerie T. Poindexter, Vice Chair Mr. Aaron S. Y. Chung, Member Ms. Maile "Medeiros" David, Member Ms. Karen Eoff, Member Mr. Greggor Eagan, Member Mr. Dennis "Fresh" Onishi, Member (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, Mr. Eagan led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions, MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (Note: At this time, Ms. David presented a Certificate of Merit to EXPRESSIONS OF Joni Makuakane-Jarrell for her many years of service and commitment to the CONDOLENCE: people of Hawaii, the National Park Service, and for sharing the spirit of aloha with thousands of visitors to the Hawaii Volcanoes National Park.) Recess: At 9:14 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:15 a.m. (Note: At this time, Ms. Poindexter presented Certificates of Merit to Kupono and Hamakua Kon-Kahakai for their bravery in assisting in the prevention of a robbery at the Hilo Farmers Market on August 30, 2016.) Hawaii County Council-53 November 2,2016 Recess: At 9:17 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:29 a.m. STATEMENTS The Chair directed the Council to proceed to the next order of business, Statements FROM THE from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Tiffany Edwards Hunt: Res. 691-16 (Comm. 1123), in support. Alan Lakritz: Res. 691-16 (Comm. 1123), in support. (representing Kalani Honua) Kealoha Sugiyama: Res. 693-16 (Comm. 1125), in support; (representing Na Kupuna Bill 246 (Comm. 1086), in support; and `O Kohala and Kohala Bill 247 (Comm. 1087), in support. Senior Nutrition Program) Cherie Griffore: Res. 667-16 (Comm. 1085), in support; Res. 672-16 (Comm. 1093), in support; Res. 673-16 (Comm. 1094), in support; Res. 694-16 (Comm. 1126), in support; Res. 710-16 (Comm. 1148), in support; Res. 711-16 (Comm. 1149), in support; and EMC-7 (Comm. 1100), in support. Hanako Anderson: Res. 681-16 (Comm. 1110), in support. Bee Henderson: Res. 694-16 (Comm. 1126), in support. (representing Catsnip Hawaii) Jack Matsukawa: Bill 254 (Comm. 1142), in support. Rico Ferrari: Bill 253 (Comm. 1138), in support. (representing Puna American Youth Soccer Organization) Richard J. Robbins: Res. 668-16 (Comm. 1088), in support. (representing Leilani Estates Community Association) Richey Riggs: Res. 682-16 (Comm. 1111), in support. (representing Roots Skatepark) Page 2 Hawaii County Council-53 November 2,2016 Collin Kaholo: Bill 246 (Comm. 1086), in opposition; and Bill 247 (Comm. 1087), in opposition. Dan Biegler: Bill 253 (Comm. 1138), in support. (representing Na Hoa O Puna Soccer Club) Cory Harden: Res. 671-16 (Comm. 1092), in opposition (see Comm. 1092.1); Res. 672-16 (Comm. 1093), in support; Res. 674-16 (Comm. 1095), in support; and Bill 242, Draft 2 (Comm. 1062.3), in support. Jessica Kaneakua: Res. 685-16 (Comm. 1115), comment. (representing Hawaii Island United Way) Jo-Anna K. Herkes: Bill 252 (Comm. 1137), in support. Ray Domire: Res. 690-16 (Comm. 1122), in support. (representing Hilo Toastmasters) Dorothy Kalua: Bill 251 (Comm. 1136), in support. E. J. Paterson: Res. 706-16 (Comm. 1141), in support. Louis Hao: Bill 241 (Comm. 1061), in support. (representing Department of Hawaiian Home Lands) Pelehonuamea Harman: Bill 253 (Comm. 1138), comment. (representing Ke Kula `O Nawahiokalani`opu`u) Keli`i Kalauokaae`a-Kahele: Bill 253 (Comm. 1138), comment. (representing Na Hoa O Puna) Kaleihali`a Tolentino-Perry: Bill 253 (Comm. 1138), comment. (representing Ke Kula `O Nawahiokalani`opu`u) Tracy Johnson: Bill 253 (Comm. 1138), in support. (representing Na Hoa O Puna) Page 3 Hawaii County Council-53 November 2,2016 Peggy Farias: Bill 253 (Comm. 1138), in support. (representing W. H. Shipman, Ltd.) Veronica Eugenio: Res. 682-16 (Comm. 1111), in opposition; Bill 246 (Comm. 1086), in opposition; and Bill 247 (Comm. 1087), in opposition. Malan Alameda: Bill 253 (Comm. 1138), in support. (representing Na Hoa O Puna Soccer Club) Hayden M. M. Bill 253 (Comm. 1138), in support (see Comm. 1138.4). Konanui-Tucker: Sherri Carden: Res. 690-16 (Comm. 1122), in support. (representing Hilo Toastmasters) William P. Kenoi: Bill 253 (Comm. 1138), in support. APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. (There were none.) COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. (There were none.) Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following items were taken out of order: Page 4 Hawaii County Council-53 November 2,2016 Bill 253: NAMES THE SOCCER FIELDS AT HERBERT SHIPMAN PARK IN KEA`AU, DISTRICT OF PUNA, COUNTY OF HAWAII, AND AMENDS CHAPTER 15, ARTICLE 8, SECTION 15-68.1 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE PARKS AND RECREATIONAL FACILITY SCHEDULE Recognizes the late Justin Masayoshi "Buddy"Perry by renaming the field "Buddy Perry Soccer Field," and adds it to the Parks and Recreation facility schedule. Reference: Comm. 1138 Intr. by: Mr. Paleka Waived: PWPRC Motion to Approve: Mr. Paleka moved to pass Bill 253 on first reading. Seconded by Ms. Poindexter. CHR KANUHA: Mr. Paleka, go right ahead. MR. PALEKA: First of all, I want to thank all the haumana from Coach Perry coming forward, the coaches that gave up their valuable time. I've known Rico for many years, and it was so nice seeing you guys on the plane once in a while going back and forth while you guys were going to your tournament. But it's such a fitting cause. It's funny but—no, it's not funny but we were also touched by ALS (Amyotrophic Lateral Sclerosis), my wife's close cousin. About the same period, too. And it is a devastating disease because you cannot do nothing. But they go on and they become the light, the shining, to show you. And they continue going on. It's just like they become stronger in mind and soul. And all he's done for Puna, our community. Nice to know that he's from my hometown of Maui, too, a little bit up from us in the Kula area, kind of Makawao. Togetherness. But, anyone want to come up from the `ohana to say anymore words? Or should we justI just ask that,please, please, before I lose it over here. Mahalo. (Note: At this time, Pohakalani Tolentino-Perry came forward to address the members of the Council.) CHR KANUHA: Aloha. If you could just state your name. MS. TOLENTINO-PERRY: Aloha. I am Pohakalani Tolentino-Perry. I'm the widow of the late Buddy Perry. My kuleana is usually my oldest son who speaks for our `ohana, and he did. I just want to say thank you, mahalo, Councilman Paleka and the County Council, for considering this, and also to the `ohana at the Shipman area for approving it and then Mayor Billy Kenoi. Page 5 Hawaii County Council-53 November 2,2016 We don't realize how many lives someone touches until they leave. I was the one pushing him in the wheelchair. I was the one translating for him when the kids couldn't understand. And sometimes, the kids were the ones that had to translate for us, the coaches and the adults. They could understand a lot of what he would say. But for the most part, through frustration, irritation, cannot understand, his love for the kids was always first. He cannot even talk, cannot walls, no way of communication, we still pushed him in the wheelchair, cold and everything,just to be able to be a part of the kids because he told me it was so positive in his life. So, it gave him more energy to continue on. I just wanted to point out that he always told me that, for his club, there was no charge for any kid that came through because he told me, "Five to ten years down the road, I want to pass that kid and know that I did not charge him one cent to learn and love the sport of soccer." So, I want to say that I think our club may be one of the very few clubs that have no fees except the AYSO (American Youth Soccer Organization) fees. And it's because he said there should be no kid that is turned around because they financially cannot afford to play a sport that they love. And I want to leave it at that. Mahalo for your consideration, and mahalo to all the `ohanas who continue to be a part of his club that he left behind. Mahalo nui. CHR KANUHA: Mahalo. Okay, Council Members, any more discussion? Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman. This morning, we had the toastmasters over here, several of them. And I think it's more than a coincidence that they would be here at the same time as all of these other people because they were talking about speaking from the heart. And so, we saw a lot of people and actually closed by probably the greatest communicator this County has ever seen, right, in Mayor Kenoi, all speaking in favor of the renaming of this park or the naming of this field in honor of Buddy Perry. Now, I've never met Buddy Perry. I've heard of him, though. So, what I did my kids are members of the Rush Club. So, what I did is I solicited some comments from them just to see how they felt. And so, I got stuff from Gene Okamura. You guys know Gene, right? He's the UH (University of Hawaii) soccer coach and also the director of coaching for the Rush Club. And he said, "Yeah, that would be cool, for everything he did in the area for soccer." And he wanted to voice his strong support. Also, Greyson Doug Patterson. You guys know him. You know Riley Patterson and all the Patterson kids. They said it would be a great honor for a great man. And then I also spoke to the Dinkels, Dave and Erryn Dinkel. And if I could just read their text to me if I'm allowed to: From a soccer perspective, it wasn't Page 6 Hawaii County Council-53 November 2,2016 always about soccer. Buddy Perry focused on kids, the community, and family. He always sought to maintain a level of respect amongst the soccer community and was well respected." And what they did, also many of these people from the Rush Club spoke very highly of Buddy's wife and his kids as being a fantastic reflection of what he meant and what his legacy was. I think someone spoke of his legacy. So, I think the renaming of this park really is, I think all of you know, more than just Buddy Perry. Whenever you see the name Buddy Perry, it's going to be reflective of the values that we hold true on this island, all of the positive values we have. So, I just wanted to share those thoughts from a competing club. They all support it. So, thank you and congratulations to all of you. CHR KANUHA: Thank you, Mr. Chung. Ms. Eoff MS. EOFF: Thank you, Mr. Chair. I wanted to say that I thank all of you for coming, and the family. And thank you, Danny, for doing this naming of this field at this time. I didn't know Buddy Perry either, but today I feel like I know who he was. And I respect those values that everybody spoke so eloquently of are what we need to remember at all times. And as we go forward with our lives, this is a great moment for me and I think all of us, too, have come back down to the basic realization of what Hawaii is all about and what we're here for. So, I just wanted to say thank you and good luck to the family. I lost my mom at a young age, too, but you're right. The person who leaves becomes more magnified in your life in a certain way. So,just appreciate all that you know of your dad and all that you'll know in the future from the time you had together. So, mahalo. CHR KANUHA: Ms. David. MS. DAVID: Mahalo, Chair. I must say today has been the most meaningful day, I think, in my first term because I think what we are discussing today touches everyone so deeply because it talks about family and values. And what I see today is generations. I see our kids and then I see Mrs. Herkes and I see Mrs. Kalua. They're all here for the same thing. We are honoring people that have touched hundreds of lives, not only the kids but alumni from 50-plus years ago. A very astute community servant. So, today I want everyone to know how much I appreciate bringing us back to focus on what's important and remembering the things that people did for us, that long after we're gone we'll have a brand new set of kids here that can look back and realize the value of people like Mr. Herkes, Mr. Capellas, and Mr. Soares. So, I'm sure everyone feels the same, but today is a special day. So, I want Page 7 Hawaii County Council-53 November 2,2016 everybody to know that, and I want to thank everybody from the bottom of my heart for making this day a truly special day, and also Mayor Kenoi. Okay, thank you. Mahalo. CHR KANUHA: Ms. Poindexter. MS. POINDEXTER: Yeah. First of all, I want to thank Daniel Paleka for bringing this forward. Because if it wasn't for him, we would have not known about Mr. Perry and all the wonderful things. When our Mayor spoke and he talked about the parks and where the keiki gather and relationships are built, I really feel that Mr. Perry, listening to all of this, he was that heartbeat that took care of all of that. And it wasn't just the keiki. I mean, you heard our Mayor speak, and it brought tears to him as well. But he was the heartbeat of that community to bring the people, the family, the `ohana together. And for us now, it wasn't just of that community. He's actually touching our entire County `cause we're listening to this. And I now get to share the history about who this honorable person was in my community. So, I thank you for being here to his family, his wife, and his children. What a wonderful tribute to the heartbeat of that community. And to the coaches, keep that heart beating because you become the new heartbeats of that community to keep it growing, being healthy and being one `ohana. We are so thankful that you have offered that spirit and invitation to us to be part of your `ohana as well. So, mahalo nui loa. CHR KANUHA: Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chairman. First of all, I do want to thank Council Member Paleka and his staff for doing the groundwork in this renaming. I also want to thank Shipman for the approval of the naming. But what I really want to say is I guess it's getting really sentimental in here because I never met Buddy Perry but today,just hearing you tell about him and what he's done and how he's touched you, I feel like I do know him like what Councilwoman Eoff just said. And you can really tell who a person is by what your competitors are saying. And hearing that from Councilman Chung, that's amazing. Someday, I want to know what my competitors are saying about me. And I know it's hard to teach, let alone coach. It's even harder to plant values in people's hearts and for people to let those values grow within them and accept them and be part of them and make it who they are. It's amazing what Coach Perry has done. There's a man I admire, Dan Inouye. He had one arm. I went to the military, and he went to the military and he became the senator and third in line to be President, and he had one arm. Hearing a story about Coach Perry, how he had challenges Page 8 Hawaii County Council-53 November 2,2016 that an average person would just stay home and be depressed and not do anything. Instead, he overcame those challenges and not only brought value in a sport, but brought value in people's lives. But that legacy, I know the family is proud. I know your friends are proud. But for somebody who has not even known Coach Perry, I'm even proud of what he has accomplished. And to have that kind of impact just by the words you say is amazing. And to always pass by Kea`au Park now, to always remember his name, I hope I can, when I have children, to be able to say that to them. To tell your story about your father would be great. We need more people like him. And I hope you can be like that as well. I can't speak on coaching soccer but I can say, in this position, the best thing is not what we accomplish but, really, the best thing is the people that we touch. And I feel honored to be able to vote for this naming. And I really want to thank Councilman Paleka for doing the hard work to facilitate and also to make it happen. Thank you, everyone, for coming and thank you, Councilman, for making this happen. CHR KANUHA: Thank you, Mr. Eagan. Mr. Paleka. MR. PALEKA: I just want to thank Parks and Rec., the staff, Ilihia and Nadia, the Shipman `ohana and everybody. When something's pono, it just comes together and you see it just coming together. It's a beautiful thing. Maile and I were just looking at each other and talking, "Wow, this is the best day we ever had, man." It is. Because when something beautiful like this happens, you never forget it. So, I'm just so proud to be a part of this and just having someone honored from this wonderful `ohana is something really—you really cherish. It's a moment in your life that you don't forget. And I'm a soccer fan and I mean big time. I love soccer. So anyway, mahalo nui again. Thank you. CHR KANUHA: Okay, mahalo and I'll just finish it up before we can vote for it. I just want to mahalo all you guys for coming here. You guys spoke for us. It's very easy for us to support something like this when there's nothing really to say because you guys said it all. And I just want to really appreciate you guys being here and sharing how much this person, this father, this husband, impacted each and every one of your lives. So, I appreciate it. We appreciate it, and the community appreciates it. So, mahalo for being here, and mahalo for sharing with us his life. So, thank you. With that, Mr. Clerk, or you can just do—all in favor of approving Bill 253, say "aye." Page 9 Hawaii County Council-53 November 2,2016 Vote on Bill 253: The motion to pass Bill 253 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion has passed, and mahalo again for being here. Bill 252: NAMES THE KA`U GYMNASIUM AND SHELTER AND AMENDS CHAPTER 15, ARTICLE 8, SECTION 15-68.1 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE PARKS AND RECREATION FACILITY SCHEDULE Recognizes the late Representative Robert N. Herkes by naming the gymnasium and shelter "Representative Robert N. Herkes Gymnasium and Shelter," and adds it to the Parks and Recreation facility schedule. Reference: Comm. 1137 Intr. by: Ms. David Waived: PWPRC Motion to Approve: Ms. David moved to pass Bill 252 on first reading. Seconded by Ms. Eoff CHR KANUHA: Ms. David. MS. DAVID: Yes, mahalo, Chair. And I really want to thank Mrs. Herkes for being here today. I think this is an occasion which is well deserved. She said it very well in her speech, and I really thank you for letting us know all that Mr. Herkes, the late Mr. Herkes, has done. Director Honma, if you would please? (Note: At this time, Parks and Recreation Director Clayton Honma came forward to address the members of the Council.) MS. DAVID: Thank you, Director Honma. I just wanted to tell you how much I appreciated you working with us in this naming of the gym and all your hard work. If there's anything that you'd like to add to this? MR. HONMA: Ah, yes, good morning, Council Chair Kanuha and the rest of the Council Members. I'd like to thank Council Member David for doing all of the Page 10 Hawaii County Council-53 November 2,2016 work for naming of the gym and also naming of the ballpark as well, too, and coming to a great solution to challenges that were out there. But again, as she said, today is a good day because we're naming facilities for people who are so deserving. And Representative Herkes was so instrumental in securing the funding for the gymnasium that we have there today. If it wasn't for him, we wouldn't have the gymnasium out there in Ka`u that we just built. We name places after people who have made impacts in the communities that they have. And we just saw something beautiful happen with the Buddy Perry field out in Pahoa, which is an incredible story as well, too. I don't know if you saw in the newspaper about a month or so ago but Gehrig Octavio, he's the football player at Waiakea High School, was featured in there but he also played soccer under Buddy Perry. And his name is Gehrig because his dad named him after his hero, Lou Gehrig. And just so happened, Buddy Perry passed away from Lou Gehrig's disease. But being honored as a football player and recognizing his soccer background and all that was influenced by Coach Perry there and impacting his life really says something about that person or that particular coach and how he impacts the lives of many other kids out there. So it goes to show,just like at Ka`u where Representative Herkes had impacted the lives of many that are out there, by building this shelter and this gymnasium it's a big tribute to him and we fully support that. MS. DAVID: Mahalo, Director Honma. And I just wanted to also thank you, and I want my Council Members to know that Director Honma will be putting a space in the entryway for two large pictures of Mr. Herkes and Mr. Capellas. They will be installing those two pictures with certificates. And thank you for doing that. MR. HONMA: And sharing the history about them and memorializing both persons that have impacted the communities that way. So, thank you for all of the work that you have done. MS. DAVID: Couldn't have done it without you folks. So really mahalo nui. And I would just ask for my colleagues' support on this. I yield, mahalo. CHR KANUHA: Ms. Poindexter. MS. POINDEXTER: Yes. Representative Herkes, as I remember him, he committed his whole life to public service and to the people. And I know how he touched not only just kupuna, older people, but he touched the keiki too `cause I can remember him in parades with a duck under his arm and my kid loving the man with the duck—and that was Bob. So, appreciated his heart. Page 11 Hawaii County Council-53 November 2,2016 And it is so fitting for that gym to be named after him where the kids will play, the families will gather, again the heartbeat of a community. And he, for that gym, was the heartbeat of the community. And that heartbeat will continue, and that heartbeat will be carried on through our Parks and Recreation, the people who serve in those areas, to honor those who went before us. So, thank you to Mrs. Herkes, a beautiful testimony and a beautiful tribute to your husband. Thank you for sharing him with us all these years. CHR KANUHA: Ms. Eoff MS. EOFF: Thank you. I just want to add how grateful I am to Ms. David and Mr. Honma and to the Herkes family and Capellas family for finding a beautiful solution to be able to honor both these men at the new facility. So, I just—not to add anything more to all the wonderful things that have already been said, but just to remind us how important it is to spend the time working things through to find the best solution. I think that was accomplished here. CHR KANUHA: Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chairman. Yes, thank you, Councilwoman Maile David for facilitating the process of this naming. And also thank you, Director Honma, for working with the Council Member to make it happen. Thank you, Ms. Herkes, for being here. When I see Bob, I always imagine him with his duck. No matter what kind of picture I have of him, it's always of him holding that duck. And he wouldI know the kids would love ithe would entertain them. Even the adults thought it was real. They would say, "Why is that man holding a duck?" I got to know this area a little bit better. And sometimes, we forget how hard it is to fund a project like this. You're dealing with 51 representatives all across the State and 25 senators. And a little place in Ka`u is forgotten. And Bob did an amazing job not only with this gym, but the district he represented. And to name this gym after him and leaving his legacy, I'm glad I'm a part of it. I really want to thank you, Ms. David, for doing this `cause Bob is one of those men that—we look at career politicians and there's always a bad stigma to career politicians. But the problem with that is they have accomplished a lot of things because of their network and their collaboration. And they're able to provide a little place like Pahala with this amazing gym. And the community there in Ka`u has not only a gym but an emergency shelter as well in a time of disaster. This career politician did that. He was able to do it because he was kind and able to work with other representatives. I just want to thank you again, Ms. David, and I feel honored to be voting on this. Thank you. Page 12 Hawaii County Council-53 November 2,2016 CHR KANUHA: Mr. Chung. MR. CHUNG: Thank you, very briefly. I didn't have to text anybody on this one because I knew Bob and I also knew of him. He's a wonderful individual. Very fitting. Maile, thank you very much for bringing this forward. Congratulations to Jo-Anna and everybody else who is involved in this. I just wanted to say that on behalf of Bob. Great guy. Thank you. CHR KANUHA: Thank you. Council Members, any other discussion? Okay, just briefly, I know we said a lot about Uncle Bob and how much he's done in his career and how much he's done for this community. Mahalo, Ms. Herkes, for being here and always being a strong supporter of everything that he's done. I really appreciate it. And, Ms. David, I was wondering when this was going to come up, but I'm glad it came up today because it's also fitting with all the different things that's happening today, all the great things. It's so nice to have so much positive energy in what we do in these chambers. It's really great to see something like this happen, and it's great for the communities too. So again, mahalo for doing this and mahalo for your overwhelming support. Okay. If we can take the vote? Ready for the vote? All in favor of approving Bill 252 to rename Ka`u's gym "Representative Robert N. Herkes Gymnasium and Shelter," say "aye." Vote on Bill 252: The motion to pass Bill 252 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha–9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Thank you. Mr. Clerk, can we do Bill 251? MR. ILAGAN: Mr. Chairman, after this renaming, would it be possible—your presence is requested over at the Mayor's Office to do a picture? Just letting you know, and yeah. CHR KANUHA: Thank you. I think we can take real quickly a couple, real fast. Page 13 Hawaii County Council-53 November 2,2016 Bill 251: RENAMES THE PAHALA BALLFIELD AND AMENDS CHAPTER 15, ARTICLE 8, SECTION 15-68.1 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE PARKS AND RECREATION FACILITY SCHEDULE Recognizes the late Laurence J. Capellas by renaming the ballfield "Laurence J. Capellas Ballfield," and adds it to the Parks and Recreation facility schedule. Reference: Comm. 1136 Intr. by: Ms. David Waived: PWPRC Motion to Approve: Ms. David moved to pass Bill 251 on first reading. Seconded by Mr. Paleka. CHR KANUHA: Ms. David. MS. DAVID: Thank you very much. I really want to express again thanks to Director Honma and his staff, James Kumada, who helped us with all of this. And, Mrs. Kalua, your testimony basically said it all. And it just shows that the alumni from when this man made an impact reminds me of the things that the kids here were talking about Mr. Soares and how he really loved the kids. And so, when I see that generations ago what you've experienced and you have such a heart, the alumni in Pahala have such a heartfelt connection to this man, it's my honor to do this. And I really thank you folks for bringing that forward and involving me in this whole process. So, mahalo again, Director. Mahalo, Mrs. Kalua. And I ask for your support. Mahalo. CHR KANUHA: Ms. Poindexter. MS. POINDEXTER: Thank you, Council Member David, for bringing this forward because I had done a little bit of research about him. I was thinking, "Who is this guy?" So, it just makes it possible for us to learn about the history of the person and get to appreciate who he was and what he leaves behind, his legacy. I was reading about him, and he was all over this island taking care of a lot of places, Pa`auilo school. Born and raised in Pa`auilo, he was the principal at Pa`auilo Elementary and Intermediate School, where I spent my ten years there. So, I appreciate who he was. I looked further back, and he grew up in the plantation time. Same like us, we grew up during the plantation. You'd go ride the plumes or whatever. And I read a story of when he got interviewed and he said they did kolohe things as children; they weren't destructive things. But they would bring the donkeys. Page 14 Hawaii County Council-53 November 2,2016 The mules would take the sugarcane up to a hill and pack it so that—and fill the wagons with it. And at nighttime, he and his gang, he said, would go up and they would go jump on the wagon and they would ride them all the way down the hill and then run back up, go ride the other one back down. So,just listening to his stories brought a lot of good memories for me growing up. So, he was a very well-liked individual and gave a lot to a lot of communities here in Hawaii County. So, thank you, Ms. David, for giving me that opportunity to get to know who he was. Thank you. And for the testimony that Mrs. Kalua provided. So, thank you very much. Aloha. CHR KANUHA: Thank you, Ms. Poindexter. Any other discussion, Council Members? Again, mahalo for coming. We did hear a lot about Mr. Capellas the last time that Ms. David brought up I think the resolution it was. But this definitely serves as a reminder to the entire community and the State of what he has done in the community and the people of Ka`u for sure. So again, mahalo for introducing this and really glad that we can support the naming of these places. Okay, everybody ready? All in favor of approving Bill 251 to rename Pahala Ballfield "Laurence J. Capellas Ballfield," say "aye." Vote on Bill 251: The motion to pass Bill 251 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha–9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Mahalo, everybody. Res. 691-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KALANI HONUA INC. FOR THE REIMBURSEMENT OF UNIFORM EXPENSES FOR THE PAHOA DOLPHINS YOUTH SWIM TEAM Transfers $1,000 from the Clerk-Council Services –Contingency Relief account (Council District 5); and credits to the Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 1123 Intr. by: Mr. Paleka Page 15 Hawaii County Council-53 November 2,2016 Motion to Approve: Mr. Paleka moved to adopt Res. 691-16. Seconded by Ms. David. CHR KANUHA: Mr. Paleka. MR. PALEKA: Yeah, I'm just so thankful for today. We're on a roll. We're on a theme of individuals really coming out and supporting our keiki. It's cool. But this is how it begins. A little by little and we do more and more, and these people that become legends in our communities are such a wonderful thing. And just to be a small part of it happening because it's not, you know, we can only assist a little bit in the recognition or assisting. But it's really the individuals that go out and help the kids that really make the difference. And I really appreciate them. Tiffany, you wanted to add anything? Well, thank you for coming out, and thank you for supporting our keiki. And thanks, Alan, for doing that for us. Mahalo. CHR KANUHA: Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chairman. Again, I've got to thank Council Member Paleka for doing this. He mentioned making a big difference. He definitely has made a big difference providing all these contingency funds. But as well as the big supporters and the people who really come to the meetings, show support like Tiffany and Al working with Kalani Honua, we need a non-profit. And without their support, we wouldn't be able to provide funding for the kids like this. So, thank you, guys, for coming here and supporting this. With that, go Dolphins! CHR KANUHA: Any other discussion? Okay,just glad to be able to support the kids' programs wherever they are. Okay, all in favor of approving Resolution 691 say "aye." Vote on Res. 691-16: The motion to adopt Res. 691-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Okay, Council Members, I think it's time. We can take a ten-minute recess and figure out what to do after that. So, we are currently in recess. Page 16 Hawaii County Council-53 November 2,2016 Recess: At 11:35 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 11:55 a.m. Res. 678-16: ACCEPTS THE DEDICATION OF ROAD LOTS 103 AND 114 OF SUBDIVISION NO. 7555, BEING A PORTION OF TAX MAP KEY: 7-5-020:001 (POR.), SITUATED AT PUAPUA`A IST AND 2ND DISTRICT OF NORTH KONA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, FROM KAHAKAI-KONA, LLC, A HAWAII LIMITED LIABILITY COMPANY The lots contain areas of 9.352 and 1.089 acres, respectively, and would be used for public road purposes. Reference: Comm. 1106 Intr. by: Ms. Poindexter Approve: PWPRC-51 Vote on Res. 678-16: Ms. Poindexter moved to adopt Res. 678-16 and Public (Adopted) Works and Parks and Recreation Committee Report No. 51. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Res. 706-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KAPONO RED ROAD TO ASSIST WITH EXPENSES RELATED TO CONDUCTING A WORKSHOP TO ESTABLISH A COMMUNITY FOOD FOREST Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Liquor Control, Public Programs account. Reference: Comm. 1141 Intr. by: Mr. Paleka Motion to Approve: Mr. Paleka moved to adopt Res. 706-16. Seconded by Ms. David. Page 17 Hawaii County Council-53 November 2,2016 CHR KANUHA: Mr. Paleka. MR. PALEKA: I'm just asking for your support for this resolution, which does grant a small addition to the Kapono Red Road. It has been designated a scenic byway by our State department. This offer of a little bit of funds is to establish a community forest, which I think is a great idea. Would you like to add anything else? No? Okay, so I just ask for your support. Mahalo. CHR KANUHA: Thank you. Any other discussion? Okay, hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Res. 706-16: The motion to adopt Res. 706-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Thank you. Mr. Clerk, if we could, we have Chief Rosario here, if we could, Resolution 668. Res. 668-16: INITIATES THE PROCESS OF RENAMING MA`ILI STREET IN LEILANI ESTATES TO "MAILE STREET" Directs the Planning Director to initiate the process of renaming Ma`ili Street in Leilani Estates to "Maile Street" following enactment of the ordinance proposed in Bill No. 234. Reference: Comm. 1088 Intr. by: Mr. Eagan Approve: PWPRC-50 CHR KANUHA: Mr. Eagan? MR. ILAGAN: Mr. Chairman, if you don't mind CHR KANUHA: Do you want to do the bill first? MR. ILAGAN: If we could do the bill first? CHR KANUHA: Okay, we can do that. Before I get a motion, Mr. Clerk, if you could read in Bill 234, Draft 2. Page 18 Hawaii County Council-53 November 2,2016 MR. ILAGAN: Thank you, Mr. Chairman. Bill 234 AMENDS CHAPTER 14, ARTICLE 14, DIVISION 3, SECTION 14-86 OF THE (Draft 2): 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. 1025.4 Intr. by: Mr. Eagan Postponed: October 5, 2016 First Reading: October 18, 2016 Motion to Approve: Mr. Eagan moved to pass Bill 234, Draft 2, on second and final reading. Seconded by Ms. David. CHR KANUHA: Mr. Eagan. MR. ILAGAN: Is my mic on? CHR KANUHA: Yeah. MR. ILAGAN: Okay. I just wanted tosorry, it just feels like it's not on. If we could turn the mic a little bit louder? So, Bill 234, we had discussions in first reading and also in Committee. And I know this body wanted to ask the Chief here about his testimony regarding this bill. So, here we are. And at this time, Council Members, if you have any questions, the Chief is here regarding Bill 234. CHR KANUHA: Thank you, Mr. Eagan. Council Members? Ms. Eoff MS. EOFF: Thank you. So, I know you had a concern. I haven't read your letter recently, but I read it the last time we met. I'm wondering if the amendment to the bill, preventing more than the same name, not the same name occurring within the same zip code. Does that help? (Note: At this time, Fire Chief Darren Rosario came forward to address the members of the Council.) MR. ROSARIO: Yes, it does help. And just for a quick background, when Mr. Eagan was drafting this measure, he reached out to myself and I believe other peer agencies. I provided the feedback from our dispatch center, who would be the first point of contact. Our main concern was about alleviating any confusion for the 911 caller. And subsequently, it kind of morphed into the issue with MWili versus Maile Street. I've had several phone calls from residents in that Page 19 Hawaii County Council-53 November 2,2016 area, but I wanted to make clear that my opposition was to changing the rules that would allow future same-name streets in the same area. It had nothing to do with the concerns of the Ma`ili versus Maile. In all honesty, I was assigned in Puna in 1990 and my map shows it as Maile Street "1," "e." We responded to "Maile Street." So, I got several good talks and a recent talk with a Mr. Hauanio from the area there and expressed that to him, that yeah on a personal level that issue is separate from my testimony on the bill. My testimony on the bill was specific to allowing future changes that would cause some confusion there. So, I have to apologize. I'm not really up to speed on the amendment side of that. MS. EOFF: Okay. Maybe Mr. Eagan would be able to explain it, but in my understanding it was that he added some language to prevent more than one street to be named the same name within a zip code. Is that right? MR. ILAGAN: May I? MS. EOFF: Yeah, you can do better. CHR KANUHA: Mr. Eagan. MR. ILAGAN: Initially, the first draft had judicial district or zip code. If they fall into either of those, it would be considered a duplicate. Oh and actually, okay, originally what it was is, if it fell into judicial district and zip code. What I wanted to do was if it falls into both. Now, after having a discussion with the Council, realize that if it just falls into the zip code, it would be enough and that's what the outcome is on Draft 2. So currently, what this bill states is "to eliminate potential confusion, duplication of street names within the same zip code zone shall not be permitted." So, if it's within the same zip code, no duplicate should be made. MR. ROSARIO: Definitely, that would be a very great solution. Only one concern would be in your district, which would be Puna, is we currently have an engine company in Paradise Park as well as Pahoa. So, you have 9678 and 9649, so 749 Kea`au and then Pahoa. Same response areas that,potentially by that language, could have same, say, Rosario Street in Paradise Park, which falls under 96749 and Rosario Street in Pahoa, 96778. So, if there's an avenue where an application comes in and discussion can be made that at that particular incident, would it be favorable for an emergency response, then I would support the measure that it is. That's our only concern is the confusion there. `Cause honestly, it does happen when someone's under stress, they call in and they really don't know what Page 20 Hawaii County Council-53 November 2,2016 geographical location they're at. Now, with technology as it's progressing, I can see that totally going away. You pick up a phone, the dispatcher will know exactly where you're at. We're not there yet, but I foresee us to be there in the very near future. So, all of this discussion could be moot hopefully in a matter of a very short time. That would be my only concern is Pahoa, Kona, is pretty much spread apart. South Kohala, Volcano. But just in Puna right there, you have that big geographical area and high population density that's split up by just one small area. So, that would be my only area of concern there. MR. ILAGAN: And currently, there is a Maile Street in a different zip code in Puna that currently exists. And so, what you have stated is actually happening right now in a different zip code. That's why it's allowable currently. And I can understand what you're saying, though. Thank you for voicing those concerns. CHR KANUHA: Ms. Eoff, you still have the floor. MS. EOFF: Oh, no, I'll yield. Thank you. CHR KANUHA: Council Members, additional discussion? Mr. Eagan. MR. ILAGAN: Thank you. I guess my last comment is, Council Members, I'm going to urge you to support this measure. If it's something that is not going to pass the Council, I do want to ask for a postponement so I can talk to my community. And then in November on our last Committee day, I mean, on November, what, 16, to have either a solution at that time and then ask it to go wherever. But I just want to voice that out that if this is something that you want to support, I urge your support for it. But if it's something that you're not supporting, then I'd ask for a postponement to be given a chance to talk to my community again. CHR KANUHA: Ms. Wille. MS. WILLE: Well,just so that you know where I'm at, I'm going to oppose it. I have been in a situation where two roads had the same name and when people call about a fire or something, as I've had in my house several times, it's like not and somebody says, "And what's your zip code" and, no, it's not okay. I just think we have to do safety first and what is nice, second, you know, what is good. So, I just put that. And it came up on a street that I live on, Gunpoint Road. And there was another Gunpoint Road. And I liked Gunpoint Road but, no, we can't have both. So, I think we just have to err on the side of safety. I would hate to think that we did something and, as a result, someone's house or harm happens. So, I'm going to Page 21 Hawaii County Council-53 November 2,2016 err as a precaution in that way. So, I'm just alerting you since you asked depending on how we were going to vote so you don't do the vote and then hear me for the first time saying this. CHR KANUHA: Ms. Eoff MS. EOFF: May I ask Mr. Eagan a question? CHR KANUHA: Sure. MS. EOFF: I understand the residents want to name their street what they believe it is already, Maile Street. Is there a way you could accomplish that for those residents without doing anything to the Code? MR. ILAGAN: If I were to let's say pass Resolution 668-16, it goes against our Code. It's a duplicate with MS. EOFF: You can't make it an exception or ? MR. ILAGAN: I mean, I would defer to Corporation Counsel with that, with this question legally on what to do. Corporation Counsel Molly, could you come up? (Note: At this time, Corporation Counsel Molly Stebbins came forward to address the members of the Council.) MR. ILAGAN: What I see in my lack of legal expertise is that we have our County Code. And if we were to pass a command that goes against it, I kind of consider that wrongdoing unless it fits into the Code that already exists, then we're able to do it. That's how I feel. Currently, if I were to change Maile Street back to its original name, it currently falls into the judicial district. That's it. It doesn't fall into the same zip code because there's another Maile Street in another zip code but there's no Maile Street in the same zip code. So, the existing law, it doesn't meet that checkmark for me. And I wanted to ask Corporation Counsel if what you're saying, Ms. Eoff— MS. EOFF: Any way to do it. CHR KANUHA: So, the question to the Corp. Counsel, if I'm getting this straight, is, is there a way to rename this to Maile Street in a resolution without going against our Code and changing the Code in the bill? MS. STEBBINS: Good morning. Corporation Counsel Molly Stebbins. My understanding is the intention of the bill is to amend the Code to allow for what you're trying to do with renaming the street. So, yeah, I think that's necessary as a counterpart to the renaming. Page 22 Hawaii County Council-53 November 2,2016 CHR KANUHA: Ms. Eoff, you've got the floor. MS. EOFF: Okay. I understand. So, I just wondered if there was any way to grandfather in that one particular street because people, their tax map bill, their tax bill and everything else, their electric, is all referred to them as being on Maile Street. So, I don't know how all this came about but Mr. Eagan had that history before. I just was wondering since this is a specific instance, a specific problem, and there is some grandfathering in since they're recognized as being on that street. CHR KANUHA: Is that a question to Mr. Eagan? MS. EOFF: Oh, no,just more food for thought, I guess. I just was—rather than create by amending the Code, if we could be creating problems down the line for future road namings that would add to confusion, as Ms. Wille spoke of or our Chief. So, Mr. Eagan, you can chime in on that. I don't mind. MR. ILAGAN: Piggybacking off of your solution, Ms. Eoff, Counsel Stebbins, would it be possible to put a grandfather clause into this section of the Code and say Maile Street would be particularly identified as an exemption? MS. STEBBINS: I suppose you could do that. MR. ILAGAN: I can—Ms. Eoff, that would be one of the things I could try to do instead of changing the same judicial district or zip code, and just put in an exemption section and it would be Maile Street. Now, keep in mind I don't know—yeah, anyway, let's just CHR KANUHA: Ms. Eoff. MS. EOFF: I would think might be—if there is time, one more meeting left, we could hold it off then you could explore that with Corp. Counsel and the LRB (Legislative Research Branch) and just find out which is the best route to go. `Cause, I understand what the residents are saying, too. Like, we don't have a problem with that particular street. Everybody kind of knows what's going on with that issue. But if we go further, I understand some of the problems that we could run into, too. So, I don't know. If you want to take the time to explore that more. MR. ILAGAN: I want to find a solution for this, and I want to pass it within my term. So, next Council meeting is my last time. If I can't find a solution then, then I would ask for a vote for then on. But yes, I'm willing to work on it. CHR KANUHA: Ms. Wille. Page 23 Hawaii County Council-53 November 2,2016 MS. WILLE: What if you changed it, like, to be like Maile Lei, you know, added something? Maile David, Maile Lei. MR. ILAGAN: May I? It says right there, "streets with the same name but different street type designations shall not be considered duplicate street names." So, I tried Maile Lane and even the Hawaiian word for "street,"but it was one of those things that they just wanted it back to what it was. MS. WILLE: Okay, I'm just saying that it may be that you go back to your community andI'm just trying to come up with something. It's not exactly what they want, but MR. ILAGAN: It says "considered duplicate street names." So, it's still considered a duplicate street name. So, "way,"whatever, it's still a duplicate street name. MS. WILLE: Because it starts with the same word. Lei Maile. Anyway, I just think I would work on something. You can incorporate something to be right. Come up with something that at least it's respecting and trying to make it work, without it being something that is difficult. I have some concern about where we start doing grandfather clauses or basically trying to—how do we circumvent the law in this instance and circumvent the law in that instance. So, I'll give it some thought, but I'm just telling you I don't think that's a good precedent to be setting. I don't know how Molly feels, but I just think, "Okay, how can we get around the law in this case where there is a problem?" Anyway. CHR KANUHA: Thank you. Mr. Eagan, I think you've heard from the Council. Maybe you want to think about postponing? MR. ILAGAN: Okay. So, my last statement. I just want to state that the reason why this provision even existed was to eliminate potential confusion. Right now, Maile Street and Ma`ili Street, there is confusion. And it used to be "Maile,"now it's "Ma`ili." That's confusion in there, and I'm trying to eliminate that confusion. Currently, the existing Code on that particular situation is not helping eliminate that confusion. So, this is what I'm trying to do, and I am going to ask for a postponement to figure out a solution so we can eliminate potential confusion regarding this section. Motion to Postpone: Mr. Eagan moved to postpone Bill 234, Draft 2, to November 16, 2016. Seconded by Ms. David. CHR KANUHA: Mr. Eagan. Page 24 Hawaii County Council-53 November 2,2016 MR. ILAGAN: So, on the postponement, I just want to state that when we come back on November 16, most likely what will happen is we will have a grandfather exemption there. If I can find other solutions for it, then I'll have it. But most likely what you will see is that exemption as an amendment. Thank you. Vote on Motion to The motion to postpone Bill 234, Draft 2, to November 16, Postpone: 2016, 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: Motion passes. Bill 234, Draft 2, will be postponed till the next Council meeting. I know we have Resolution 668 on the floor. I'm going to ask for a postponement as well to the November 16'h meeting since we already read it in. MR. MAEDA: There's no motion on that one. CHR KANUHA: Yeah, oh, sorry. Motion to approve. Res. 668-16: INITIATES THE PROCESS OF RENAMING MA`ILI STREET IN LEILANI ESTATES TO "MAILE STREET" Directs the Planning Director to initiate the process of renaming Ma`ili Street in Leilani Estates to "Maile Street" following enactment of the ordinance proposed in Bill No. 234. Reference: Comm. 1088 Intr. by: Mr. Eagan Approve: PWPRC-50 Motion to Approve: Mr. Eagan moved to adopt Res. 668-16 and Public Works and Parks and Recreation Committee Report No. 50. Seconded by Mr. Paleka. Page 25 Hawaii County Council-53 November 2,2016 Vote on Motion to Mr. Eagan moved to postpone Res. 668-16 to Postpone: November 16, 2016. Seconded by Mr. Paleka and carried (Approved) by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Okay, Council Members, we have a lot of stuff to go through. Did you guys want to take a lunch or did you want to keep going? Up to you guys. Lunch? An hour? MS. POINDEXTER: I'd like to take a lunch break this time `cause yesterday I didn't eat healthy. CHR KANUHA: Okay. We'll do a lunch. We can do an hour. We will do a recess and reconvene at 1:20. Okay, we are in recess. Recess: At 12:19 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 1:25 p.m. Bill 240 AMENDS CHAPTER 18, ARTICLE 4 OF THE HAWAII COUNTY (Draft 2): CODE 1983 (2005 EDITION, AS AMENDED), BY ADDING A NEW DIVISION RELATING TO THE HELE-ON KAKO`O COMPLEMENTARY PARATRANSIT SERVICE Establishes an eligibility determination process for paratransit services and the right of the County to suspend paratransit services for eligible riders if the County finds cause to do so, and further establishes a process to appeal denial or suspension of service to the Transportation Commission. Reference: Comm. 1047.4 Intr. by: Mr. Paleka Approve: PSMTC-26 Motion to Approve: Mr. Paleka moved to pass Bill 240, Draft 2, on first reading and adopt Public Safety and Mass Transit Committee Report No. 26. Seconded by Ms. Poindexter. CHR KANUHA: Mr. Paleka, go ahead. Page 26 Hawaii County Council-53 November 2,2016 MR. PALEKA: Yeah, I'm just asking for your support in this matter. There's been a lot of hard work done on this, what are essentially administrative rules for the implementation of the paratransit service. I know there were concerns regarding codifying the rules, but for myself and having spoken with the different stakeholders here, I think it would be a good idea, especially for now, to keep the rules as administrative rules specifically and not codify them until they've had a chance to actually work themselves out. We do have administrative rules that are not codified. We've had them in the past, but I think it's a great idea. Perhaps I can bring up a representative from Mass Transit who had worked so hard on getting this program initiated. And I just wanted to recognize her, and I'll yield the rest of my time. Please. (Note: At this time, Paratransit Specialist Carol Yamane and Mass Transit Director Tiffany Kai, Mass Transit Agency, came forward to address the members of the Council.) MS. YAMANE: Hi, good afternoon, Council. CHR KANUHA: Good afternoon. MS. YAMANE: Any questions for me, I guess? CHR KANUHA: I guess maybe just introduce yourself for the record. MS. YAMANE: Oh, I'm sorry. I'm Carol Yamane. I'm the paratransit specialist. I just actually started with the County in March. So, it's been kind of a very quick and robust time to put this program together, but I must say I'm very proud of it. Working with you folks, I was actually amazed at how quickly things could get done and how much people this could affect and actually support our transit system. So, I've heard good and I've heard a few bad but mostly positive reviews that this is a much-needed service, it was long overdue, and that people are very pleased with the service. They just wish that it was, of course, bigger islandwide. But for starting out for all intents and purposes, this is an excellent service. CHR KANUHA: I've seen you so many times, it seems like you've been here forever. MS. YAMANE: Six months. CHR KANUHA: Okay, Ms. Eoff Page 27 Hawaii County Council-53 November 2,2016 MS. EOFF: I just wanted to thank you for being in such close contact with some of the riders and explaining to at least some of my constituents who were concerned about all the rules and the system to be able to explain to them so that they can be comfortable with the addition here. MS. YAMANE: Not a problem. MS. EOFF: Thank you very much. CHR KANUHA: Mr. Onishi. MR. ONISHL Thank you, Mr. Chair. I know the last time we met in Kona, you mentioned about your ridership. You had about like 40 applicants or something like that? MS. YAMANE: That was last month. I actually have numbers right now. MR. ONISHL Yeah. Was there an increase? MS. YAMANE: Right now hold on a second. Let me pull it up. Our applicants to date. Okay, our applicants to date, we've had 57. So right now, we have 49 that are actually eligible. So, that doesn't mean that the other ones are they're still pending. They're going through the process. They still need to do the in-person assessment. To date, we've only had one person that went through the entire process that was deemed not eligible. MR. ONISHL What is the—an increase of transportation ridership? MS. YAMANE: Right. So, we got—okay, so October just ended. So, we went from the trips. So, July had 52. August had 117. September, we went up to 132, and we just ended October with 186. MR. ONISHL One hundred eighty-six? MS. YAMANE: Yes. MR. ONISHL So, do you folks have a breakdown on how many per person, how many times they ride? MS. YAMANE: I could do that per rider, but I didn't actually prepare MR. ONISHL I mean, `cause it would be interesting to see who's really utilizing the program and who's really not. Right? Page 28 Hawaii County Council-53 November 2,2016 MS. YAMANE: Right. So, even if those that are eligible, what we encourage is for them to get the eligibility in the event that they need to use the service. Either they can be readily available, they can use it. We also do have the shared ride taxi on the east side that people still have a preference to use because it's a little more flexible. You can call in the taxi, and they can come get you immediately versus with the paratransit, you do need to make a day-ahead reservation. So, I think for them, it's good that they have the option and the flexibility to use it if they can. And also too, there's coordinated services MR. ONISHL With the shared ride, how much do they pay? MS. YAMANE: For the shared ride, the cheapest it could be for them is $2 a ride if they buy the maximum bulk per week. So, it's the 15-coupon book; 15 coupons for $30. So, it amounts to $2. They can buy them in lesser increments, but the cost increases per coupon. MR. ONISHL So, does a ticket cost $4? Shared ride? MS. YAMANE: No, the shared ride costs $2. MR. ONISHL No, I know. If they buy the 15 coupons. MS. YAMANE: So, if they buy 15, it's $30. So, it's $2 per. MR. ONISHL So, what if they buy only one or two? MS. KAI: If they purchase the coupons individually, they're $6. MR. ONISHL Six dollars—so a little bit more expensive. So, usually they buy the coupon book? MS. KAI: Correct, to get that discount. So, they come in different increments. Like Carol stated, 15 for 30, 10 coupons for 25, and 5 coupons for $15. So, they pretty much purchase the coupons to what best fits their needs. MR. ONISHL Yeah, it would be nice to find out like how often each rider `cause then I think there must be some guys that are really utilizing this right now. MS. YAMANE: Since you folks approved the fares that went into effect yesterday actually, so November, prior to that everyone that was on the service got to ride it free. Thank you, County. So, I think they really capitalized in that they really were using the service because also, too, it was a freebie. We're trying to promote it. So, we had a lot of ridership. So, what I think you'll see in the next few months is how that $4 fare will affect the ridership. Page 29 Hawaii County Council-53 November 2,2016 MR. ONISHL So, what I would recommend is that maybe with the new Council, you guys can come in like January or February with a report to let them know that maybe the Council can amend that fare to $2, which I wanted. Because, now if you're going to compare to the shared ride, it would be cheaper for them to do shared ride, right? Because if you buy five coupons, $15, $3 per way. Right? This way, you're paying $4 one way, right? MS. YAMANE: Right. MR. ONISHL That's the paratransit. Right? MS. YAMANE: Right. MR. ONISHL So, they're saving $1 if they go the shared ride. MS. YAMANE: Well, the shared ride, too, it has a lot to do with how many taxi companies participate. So, you've got MR. ONISHL Right, right. No, but what I'm just saying is that I didn't know it was all free right now. I thought they were being charged, but we had to make it official, the $4. MS. YAMANE: Correct. MR. ONISHL But it's been free all till now. Oh, so, that's why so—okay, yeah. So, I'm saying maybe you guys should do one, I mean. Whoever's coming in requests for an update to see how the ridership went. And if there's a decline because of the cost, then I would recommend that you guys reduce that rate. But something good to know. Because, I think we all thought they were paying. You knew it was all free? MS. WILLE: Well, they explained that. MR. ONISHL Oh. I thought they were paying. But, okay. Well MS. WILLE: They started paying. MR. ONISHL What do you mean they started paying? MS. WILLE: At the very beginning (inaudible). MR. ONISHL So, in the beginning you guys were charging? Page 30 Hawaii County Council-53 November 2,2016 MS. YAMANE: Since we had that, I wouldn't call it a misunderstanding, but when we first were going to go with the fares, they started to charge and there was a miscommunication between us and the drivers. But those that did pay were reimbursed, so the County collected no monies. So, we did—yes. MR. ONISHL So, they weren't really paying. MS. YAMANE: Right. MR. ONISHL Okay, got it. Okay, I'll yield. MS. YAMANE: There were no—it was, for all intent and purposes, no payment. MR. ONISHL Okay, thanks. CHR KANUHA: Thank you, Mr. Onishi. Any other discussion? Okay, Mr. Eagan. MR. ILAGAN: Thank you. I just have a quick question. Is there a—you said there's 180 riders or routes? MS. YAMANE: No; 186 trips were made. MR. ILAGAN: Trips. MS. YAMANE: Right. MR. ILAGAN: Okay. I'm not sure if you have this, but is there a max capacity of trips that you guys have? MS. YAMANE: As of right now, they've been able to handle whatever trips have come up. If they start reaching capacity where—so far, I haven't received any negative feedback from our contractor that they aren't able to. But I have been in discussion with them that if they are unable to coordinate the times within one hour of what they've recommended, then we need to look at starting to make the fleet bigger. MR. ILAGAN: Yeah. I'm just wondering. MS. YAMANE: It will grow as the ridership and the trips grow. CHR KANUHA: Okay, any other discussion? Hearing or seeing none, I think we can take the vote. All in favor of the motion to approve, say "aye." Page 31 Hawaii County Council-53 November 2,2016 Vote on Bill 240: The motion to pass Bill 240, Draft 2, on first reading and Draft 2 adopt Public Safety and Mass Transit Committee Report (Approved) No. 26 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Thank you. MS. YAMANE: Thank you. Return to Order The Chair directed the Council to return to the order of business. of Business: ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. (Note: Items in this category were taken up previously, out of order.) Res. 667-16: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT FOR DIRECT INTERNET ACCESS AT THE WEST HAWAII CIVIC CENTER Authorizes the Mayor to enter into a multi-year agreement to increase the internet bandwidth speed from 25 megabytes to between 50 and 100 megabytes. Reference: Comm. 1085 Intr. by: Ms. Eoff Approve: FC-78 Motion to Approve: Ms. Eoff moved to adopt Res. 667-16 and Finance Committee Report No. 78. Seconded by Mr. Paleka. CHR KANUHA: Ms. Eoff MS. EOFF: No, I think it's pretty self-explanatory to increase our connectivity speed. I just urge you to support this. CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Page 32 Hawaii County Council-53 November 2,2016 Vote on Res. 667-16: The motion to adopt Res. 667-16 and Finance Committee (Adopted) Report No. 78 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Res. 671-16: URGES THE 2017 HAWAII STATE LEGISLATURE TO PASS LEGISLATION ALLOWING THE COUNTIES TO IMPLEMENT A HIGH- STAKES BINGO PROGRAM The gaming operation would be run by the County to raise revenue to be divided equally between the State and County to fund long-term projects and essential services. Reference: Comm. 1092 Intr. by: Ms. Wille Negative: GREDC-8 (Due to a vote of 4-ayes, 3-noes, 2-absent) Motion to Approve: Ms. Wille moved to adopt Res. 671-16. Seconded by Mr. Onishi. CHR KANUHA: Go right ahead, Ms. Wille. MS. WILLE: Okay. So, we as a Council need to find ways to raise additional revenue without raising property taxes. This has been an important theme for me. If we take a look at what our needs are, if you take a look at just, say, two areas and one is wastewater needs. We even have Bobby Jean here. She can tell you how many millions of dollars were hundreds of millions in order just to bring us up to a baseline or talking about homelessness. And just in terms of budget, my understanding is that this year as in other years, department heads are supposed to be looking at their budgets, what they are moving forward to the next administration to just stay at the status quo. That's it. Just work with what you've had over the past few years. So, I ask you, I mean, we all like, okay, let's not have gambling and we can all be, this is better not to have it. And even bingo, that's still some kind of gambling. But I'm just trying to balance what our it's all about balance. I guess that's the word I want to use. And I did have the opportunity when I lived in Maine for a Page 33 Hawaii County Council-53 November 2,2016 number of years, sort of looking at where there were whole enterprises or initiatives to bring in full-scale gambling, casino gambling, as well as just high- stakes bingo which is you can set the pot as low as you want. I put in this $10,000. And basically where the State ended up at that point was allowing the Indian tribes to do high-stakes bingo. In watching what happened there, I did not see that there were all of the social ills that come with really large-scale-casino gambling and that it brought in much needed revenue. If I hadn't had that experience and watched that, I might have sort of looked at it just as on the surface, "Well, okay, we don't like this and we'll just have to make do and we don't have money and that's the way it goes." But I again say this is moving it towards looking at the State and that otherwise what's going to keep going on is we'll spend for a high paid lobbyist to be going for casino gambling and Waikiki, which I don't think is a good idea. And I think this would bring it down to ait would allow the counties to do it. We wouldn't have to do it. We'd have the option. It would say split the money. And I think just our experience with the TAT (Transient Accommodations Tax) where despite the fact they said they had no money and then had an $800 million surplus. The more that we can get where we actually have authority over our income, the better. And so, that addresses that. And if they don't do this, then say "Okay, give us back our TAT and stop being ." I can hear a lot of the quotes like what Cory Harden brought up or what Brenda Ford's brought up. Back are the quotes,just sort of gambling as a generality and it tends to be that large scale sort of isolated slot machines or big time gambling as opposed to what happened in Maine where they're using multi- purpose buildings. You've got seniors coming together as groups. It's a social experience. And this isn't the end-all. Number 1, this just says this is worthy of conversation on the State level. If it were somehow to pass on the State level, it would come back to the County to make a decision on how to do it. So again, I just want to emphasize if you would prefer not to have this, I would like to hear how your ideas, how we are really going to make up the revenue that we need to really bring up the quality of life on this island. I yield. CHR KANUHA: Thank you. Council Members, discussion? Mr. Onishi. MR. ONISHL You guys heard this over and over already, right? I don't know what else to say except for like what Ms. Wille is mentioning. It's just another option, but then it's just urging the Legislature to look into it. So, it's not saying, Page 34 Hawaii County Council-53 November 2,2016 "Hawai`i County, we're going to legalize high stakes bingo." Okay? And then we all know what the legislators, when they get this, what they're going to do with it. Right? They're not going to even move on it. But at least we're looking at options, or at least Ms. Wille's looking at options, how to create revenue for this island instead of raising property tax rates. We had a presentation by PISCES (Pacific International Space Center for Exploration Systems), which is totally funded by the State Legislature and they've been cutting their budget. So, how can PISCES become its own entity to help this island unless this County is willing to give them some funding to get them going? But I've never seen anything happen. I've been trying and we only can get them so many thousands of dollars. But we're talking, for them, hundreds of thousands of dollars. So, with this kind of revenue, that could help them create job opportunities for our children that go to the university of Hilo that graduate and they get one good paying job. And they don't have to go no place. They have a high tech paying job. So, I'm asking that we just support it and to just send it to the Legislature. That's all we're doing. It's nothing else. And it's up to the Legislature to decide what they want to do. So, I'm just saying, let's support it. Thank you. CHR KANUHA: Ms. Poindexter. MS. POINDEXTER: Last term, I didn't support it. And no disrespect to Council Member Wille `cause she has brought up a lot of different things with the ag (agriculture), the property tax taskforce, and some of the recommendations that we should have been supporting more, fully behind her supporting some of the things that she brought forward to help us increase the amount of revenue that comes in for property taxes. So, you've got to think about that. But she's worked hard on that, and we should have supported her in there. I don't believe this is the avenue to go. I don't want to put my name to it to the State Legislature saying, "Well, it's just sending it to you." So, it goes against what I represent. So, I'm not going to put a name to something just because I want to send it and they're not going to act on it. I just want to stay true to my values. Anyway, I'm not supporting this. I apologize, Council Member Wille, `cause you do bring very good legislation with trying to figure out ways to bring in resources through property tax. And some people have not supported you on that, but I have definitely supported you all the way on that and I think that is the avenue that we should continue on. So, thank you very much. CHR KANUHA: Ms. Eoff MS. EOFF: Thank you. I voted "no" on this when it came before us the last time. I'm not going to be supporting it. I think it wasn't that many years ago Page 35 Hawaii County Council-53 November 2,2016 when, I think, the previous Council took the exact opposite approach to let the Legislature know that the County of Hawaii didn't support any form of gambling. And I think HSAC (Hawai`i State Association of Counties) took the same position as well. So, I don't think that this is the right way to generate income. It is one way, and maybe at a different point in time I'd relook at it but at this time I'm going to continue to not support this resolution. CHR KANUHA: First round still. Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman. I was absent the last time this came up. I'm going to be supporting it; one of the few times that I support a Margaret Wille bill. Margaret has been consistent in her pursuit of trying to find options for the counties to generate revenues, and this is just one other method that she's looked at. I know there's a lot of talk about the social ills relating to gambling, and I guess high stakes bingo would fall under that category somewhat. But I've always taken the position that if casino gambling or pari-mutuel or high stakes bingo, if it's done correctly it can work. The reason why I say that is right now we have unregulated gambling, and that's more of a problem. Anybody who wants to bet on a football game or go to a crap game, it's all available. Right? The County, the State getting no revenues. You have chances for crimes happening. It's happened before. That's what happens when you don't have regulation. It's better to regulate than to not regulate, and this is the area that I think we should be looking at. Thank you. CHR KANUHA: Thank you. Any—before I get back, Ms. Wille and Mr. Onishi, this is still on first round. Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chairman. I've been thinking about this. Ms. Wille, can you, I think you explained it before, but if this happens, let's say the Legislature did approve it, how would the community change in the sense of what will happen if this were to be in place? MS. WILLE: Can I answer that? So, I can't say exactly, but what it means is that the County is more likely to be a part of the conversation on the State level. That's a key thing. Right now, any discussion about whether it's gambling or other, we're not part of that decision making, to answer your question. And I think this would promote a role for the counties. Second, assuming they were to just pass it as is, it would go back to the County to craft that. What I suggested would be an example that we brainstorm and ask for proposals and ideas. Or partnerships is usually the way you would try to do it, and that's how it was done in Maine. And there are different conditions. It could be one day a week it's closed except for non-profits to use it. The money just goes to homelessness. There are all different ways. So, what I'm trying to do is have us be part of deciding the answer to your question. Page 36 Hawaii County Council-53 November 2,2016 MR. ILAGAN: Okay, well, it's already going to be a hard task to convince the Legislature. That's already a big one. To me, it's bingo, it's not too bad. It's not like slots all the way to cards. I don't see casinos happening. I kind of just see the community coming together in a house and playing a game of bingo. So, I'd support you on this resolution, and I think where the problem would lie would be the details that would need to be crafted up. CHR KANUHA: Okay, I'm going to—Mr. Onishi, did you have one? And then I'll give it to Ms. Wille to finish off Okay. Oh, you want to say one? Okay, Ms. Poindexter. MS. POINDEXTER: Yeah. `Cause I've known of some people with gambling addictions that break up households. I don't think this action will stop unregulated gambling. Bingo is just going to be a legalized form of it. All the other unregulated gambling will still go on, unless we regulate chicken fights. So, I just don't believe in that. I think when we talk about Alcoholics Anonymous and then you say, "Well, are we going to help them out or—7 Gambling, some people are going through an addiction and they're going to therapy for that. I don't know if anybody has heard of it. I know I have. And I just don't think this is a good thing to have because you will have a lot of people who are sometimes struggling with money and thinking that "Oh, I can legally go gamble and maybe I can make some money," or lose and put people in a really bad place in their life as we've heard testimony from Cory Harden. And we've heard testimony in the last term as well. So, again, I'm not supporting this. Thank you. CHR KANUHA: Mr. Onishi. MR. ONISHL Thank you, Mr. Chair. We've got to get to reality. There's illegal gambling going on right now on this island. So, no matter what, if they want the money they're going to go to a place to gamble but it's illegal. At least this way it's being monitored. Right? It's going to be where it's legal. It's going to be monitored by the State, by the Gaming Commission and so forth. But we've got to be realistic. There is gambling going on, and especially illegal gambling. I mean, football betting, baseball betting, chicken fights, card games. I mean, they've got crap games. They're going on, on this island. If you're a professional gambler, you will find those places. So, this is where it's an opportunity. Like I said, have the Legislature look into it. Right? And then, let them decide. But it's an option that we can have. We turned down the half percent of the GET (General Excise Tax), which could have helped out our new roads, helping out with our paratransit. It could have helped out with making bike lanes, walking paths. It could have done a lot. Getting more buses. But there's nothing else. Right? Page 37 Hawaii County Council-53 November 2,2016 And then, talking about property tax, the ag tax, I mean we were looking at trying to have a win-win situation and that's what we're looking at. But we couldn't get to that ground, so that's why we postponed it. We didn't want one side losing and the other side winning. So, that's what happened with this property ag tax. So, I just wanted to make that clear. But please support it. Thank you. CHR KANUHA: Ms. Wille, you can go right ahead. MS. WILLE: Yeah. When this Council submitted a resolution or however to the Legislature sort of opposing gambling, what was on the table was full-scale casino. And all I can say is to ask you for a little bit of trust that, that was what I worked on for years; what are the differences and what happened. So that, there is a big difference. And basically, it is—yes, it is a step. It does provide that regulation. I haven't heard any, "Well, I have another great idea of how we could really make a difference on this island." I don't see it. So, I'm just trying to say how are we? I mean, I see homelessness going way up. I see suicides going way up. I see all the ways where we could just say whether it's PISCES or other things. Let's get all these incubators and opportunities, and we could just really make a qualitative difference. And, Ms. Poindexter, I don't see it as just handing it over and leave it to the responsibility of the Legislature. I feel it's important for us as a County to play a role in those conversations, and right now we aren't. If we submit something on this line, we will be listened to a lot more. And just lastly, I just want to say, and whether this passes or not, think about revenue authority. Revenue authority with where the County has authority over revenue and; therefore, we are not just in the beg position. That was what the State Commission back in 1990-1991, the only way to have a healthy County-State relationship is for the counties to have ways that it has taxing authority. So, this would get us in the conversation. It would still come back to you all. And if you didn't like the conditions, it's "no." Then you would really have the public weighing in: "I want it to be so much for this. I want it to be ." Anyway, I don't want to spend more time. I think you got the idea. I think it's worth the conversation, and I would hope for that value that you support it and ask to —without—it doesn't say you're agreeing to one plan or another. That would come back to the Council, unless you have some great idea. I haven't heard any, and we are needy. We could call Bobby Jean up here just to list off Let her tell you how many hundreds of millions it's going to take to really do what we need to do for wastewater. I yield. CHR KANUHA: Mr. Chung. Page 38 Hawaii County Council-53 November 2,2016 MR. CHUNG: Thank you, Mr. Chairman. I'm going to talk about not so much high stakes bingo but something else. But it really deals with the threshold that everyone has with regards to gambling. I mean, that's what we're talking about. Some people feel it's inappropriate. Some people think maybe that's the way to go. But we have gambling here in Hawaii. And I'm not just even talking about the illegal gambling. Think of it this way. When you go to a fair, you have all of these games, right? And gambling is this: The elements of gambling are you put something of value into a game of chance to receive something of value. Three elements to gambling. The big one is that game of chance element, okay. That's where it gets real tricky. But you have all of these games where kids now are going, putting their dimes, throwing something onto a board called "Lucky Strike." It's not called "Skill Strike,"now. `Lucky Strike." So, we're training kids to do this. And I'll guarantee you this. The house, and I'm going to call them the house, they're making money. They're not losing money. They're not putting that Lucky Strike game out there to lose money. Right? They are making a lot of money training kids to do this thing on the pretense that it's skilled. But think of it this way: So, nobody ever bothers these guys, right? So, you mean to tell me we can operate a game right out here, Lucky Strike, and pay off in cash? Value in a game of chance for value out. Same thing. The only thing is you get a doll far less in value than the money. We have gambling, and it's alive and well and out in the open here. And we're training kids. I met with Eric Hamakawa when he was the judiciary chairman many years ago. And I said, "Eric, you've got to regulate these types of games. You have to regulate it. If not, there's going to be a double standard." Nothing happened. But you watch, it's going to become a problem one of these days. It is here. It's alive and well. So, let's not overlook that, okay? Thank you. CHR KANUHA: Thank you. Ms. David. MS. DAVID: Thank you, Chair. I appreciate the comments that I'm hearing because, make no mistake, I do not support or even take for granted the ill effects of gambling that it has on our society. And for that, I acknowledge that. I hear what the testifiers are saying. But in my mind, Ms. Wille's effort is something that she believes would be a chance of giving the County an option. Now, I don't support gambling, full fledge gambling. I do not because I know what Mr. Chung is saying. Every family in here has experienced that or has been touched by some form of gambling. So, I do not support that kind of gambling, Page 39 Hawaii County Council-53 November 2,2016 but I do support the effort in this resolution. If it was a bill, I might have a different thought, okay. But I do believe that it's a resolution. It's something that it's an idea that we're pushing forward. So, whether the State takes a hold of it or not, I would like to give that chance for the State to have a weigh in. If they don't then this is a done deal. But if they do, then people that testified today can come in and really weigh in and help guide it in a way that it would be beneficial to the County. So, yes, I do not support full-on gambling at all. `Cause, I think we've all lived with the social ills. And in this day and age, we have more social ills than gambling causes, believe me, with drugs and all this other stuff that we have to deal with. I don't believe in condoning that either. But I feel that I'd like to give Ms. Wille a chance but state my personal position about gambling. So, I will be supporting this like I did in the last time, Ms. Wille. Thank you. I yield. CHR KANUHA: Thank you. Okay, we can go for the vote already. Oh, Mr. Paleka, you'd like to say one more thing? MR. PALEKA: We can go for the vote. I just wanted to say that I support looking into a means of increasing our revenue. But just forI would equate high stakes bingo just basically kind of like a step above lottery or lotto. And having lived in many areas that have lottery, some could argue that there are social ills with just the lotto or lottery being held in the area, but it continues to be done. There have been big winners. For me, the winner basically is the community in the funds that they receive for those type of games of chance. It's sanctioned by the government. I'm willing to give this effort a try, and we'll see where it goes. CHR KANUHA: Okay. Mr. Clerk, roll call, please. Vote on Res. 671-16: The motion to adopt Res. 671-16 was carried by the (Adopted) following roll call vote: Ayes: Council Members Chung, David, Eagan, Onishi, Paleka, and Wille—6. Noes: Council Members Eoff, Poindexter, and Chair Kanuha—3. Absent: None. Excused: None. (Note: Governmental Relations and Economic Development Committee Report No. 8 was not adopted.) CHR KANUHA: Motion passes. Page 40 Hawaii County Council-53 November 2,2016 Res. 672-16: URGES THE 2017 HAWAII STATE LEGISLATURE TO PROMOTE OCEAN HEALTH BY BANNING THE SALE OF SUNSCREENS AND OTHER PERSONAL CARE PRODUCTS THAT CONTAIN OXYBENZONE The requested prohibition aims to protect coral reefs and marine life from the potentially harmful effects of oxybenzone. Reference: Comm. 1093 Intr. by: Ms. Wille Approve: GREDC-9 Motion to Approve: Ms. Wille moved to adopt Res. 672-16 and Governmental Relations and Economic Development Committee Report No. 9. Seconded by Ms. Poindexter. CHR KANUHA: Ms. Wille. MS. WILLE: We did have quite a bit of discussion last time. So, I just want to highlight a few points. There has been a lot of research done in this area, and it has been found that as low as 62 parts per trillion impacts corral and plankton and others. I really became aware of this environmental problem, and this is a chemical that's in some sunscreens. It's not like you go in and that's the only choice. There are other choices from the conservation congress, and this was one of the points that was highlighted as finding a really significant impact. There was an article in West Hawaii Today, 9-27 of this year. And it was just talking about how really our island hadn't had much corral bleaching, but this last time over 50 percent of the corral on West Hawaii is bleached and died. Okay. Before, it was Maui's are dead and Oahu's are dead. Corral is something where there's a tipping point after which it doesn't turn back. And it is interdependent with other forms of life that are dependent on it. One of the questions that was raised last time was, "Well, this isn't probably the only cause and there's probably other significant causes. So, why do we pick out this one thing?" And that one of the big causes is it's from the rise in the temperature of the ocean. One of the impacts that they found with oxybenzone is that corral bleaches at a lower temperature. Okay? So that here it is, whereas right now we're closing in on one-and-a-half timea degree and a half above normal. And whereas maybe it wouldn't bleach till two. Where there's oxybenzone in very small amounts, the corral is dying. There are a lot of things that we can't do things about. I'm just saying that here we have—we also have not just people on this island and internationally, but also like at DLNR (Department of Land and Natural Resources). I'm going to just read a paragraph from that article: "After careful consideration, the Division of Aquatics Resource, which is under Bruce Anderson, a branch of Department of Page 41 Hawaii County Council-53 November 2,2016 Land and Resources, publicly recommended a transition to sunscreens that don't contain oxybenzone at the IUCN World Conservation Congress, which was held in Oahu earlier this month." So, I think you did hear some testimony. It's promoting it will go to the State Legislature; there'll be more discussion. It's just one thing where they're testing. And where there is a lot of it in the water, the corral is dying a lot quicker. So, right now it's something that we can do for our environment. A lot of things we can't do for the environment, but there are plenty of other products and chemicals that can be put in these personal care products. We're not saying nobody can have any sunscreen anymore. So, I yield. CHR KANUHA: Thank you. Mr. Onishi. MR. ONISHL Thank you, Mr. Chair. I'm going to have to not support this again, and it's in regards to me. I mean, I don't disagree that it's not hurting, you know, bleach in the corral, but to me there's other issues that's happening. We talked about it, and we laughed last time that maybe people should be paddling the boat, right. And like Mr. Kanuha said he knows how to paddle, so he has no problem with that. CHR KANUHA: I'm all good. MR. ONISHL He's all good. But you know what I mean? But there's other things. So, why are we just singling out one thing? Why don't we go for the gusto and ask the Legislature to make zones or make areas where you cannot have anything? Because, to me, I was thinking about this afterwards, right? I mean, everybody's got to say, whoever swims, you must have urinated one time in the ocean or in the pool or whatever. Right? It just happens sometimes, right? So now, you have a whole group of people swimming in one area where they might be snorkeling to look at all the fish and you might, maybe, say have 50 people there. What if every one of them did that? How would that affect that section of the ocean in the water in that area, right, at that time? So, to me, it's like there's multiple things but just to single out something. And we all did get some testimony, right, from this Personal Care Products Counsel, right? And then we got another one from somebody else. Who was that? They were the director—governed affairs, personal kitoh, that's the personal care guys. And then, we had another one from Consumer Healthcare Products Associations. Okay? You know, they're saying that there's multiple other reasons why this is happening. Right? And so,just to single out, we cannot. But then, you know what was funny? This morning's news, when I was watching the local news and this was on Channel 9, KGMB, someone—one person Page 42 Hawaii County Council-53 November 2,2016 someplace, they didn't mention where, but wrote a letter to the FDA (Food and Drug Administration) about this certain ingredient in something in this product. And the FDA is going to do an investigation to check out if this one product is not healthy for consuming. So, to me, maybe that's the route we should be going, sending a letter to the FDA to find out if this product is good or not, if it's safe or not. Right? But not just to ban it. I mean, get all of your research done first and then go forward. I don't know if all of you Council Members remember that had at one time when they wanted to ban aquarium fishing—the collection of fish, right? Saltwater fish. I mean, they wanted to single out one group, but the other group who does business in bringing tourists to go and snorkel—'cause they're also, to me, disturbing the fish. And I told them, "Well, if we are going to ban them, why don't we ban you guys too?" But they didn't want that. They wanted it for themselves, but they didn't want the other guys to do it. So, to me, there needs to be a win-win. Right? And so, if you're going for it, let's go for it all the way. I yield. CHR KANUHA: Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman. So, looks like Margaret is going to be batting a little bit better with me than with Mr. Onishi today because I'm going to actually be supporting this. I'm of the belief that this, what it's called, oxybenzone, as best as I can tell, has a negative effect on our coral reefs. This is something we really have to protect because it is a gauge as to the health of our planet. And so, I'll do whatever I can to support protecting it. But now I have to voice some concerns about this in support of it. Mr. Onishi brought up a real good point. It's not just this oxybenzone that's affecting our coral reefs, but it's the snorkel tours,people renting out snorkel gear. That's all tourists. That's not the locals going out there. And they have—it's in their best interest to try to promote this practice and to get more and more people to rent their gear. Now, let's use that in the context of polystyrene, which remember I said I really object to the original bill because you guys were singling out—and I mean the majority of, well, actually it wasn't a majority, four people anyway—were singling out businesses. How can you go guys go against the businesses? And on this one, now you go against the oxybenzone and not the polystyrene. Why not go against the businesses, if you use that same model, that are causing people to use this oxybenzone and to go into the water? Go against the snorkel companies. Go against the snorkel rental companies. Go against the tours and then see what kind of objections you guys going get over there. But that would be the analog to what was proposed before. Now, let's go even further. One of the arguments against a large-scale ban of polystyrene, for example selling it to KTA (KTA Super Stores) or Wal-Mart or Page 43 Hawaii County Council-53 November 2,2016 Target, was that it would violate interstate commerce laws. But what about this, then? It doesn't matter whether it's the County or the State. How come you cannot ban polystyrene across the board but now you can ban this? But I said interstate commerce doesn't apply last time. So, I can, with good conscience, vote for this. But I don't see how the other people who bought into that argument can support this. I just wanted to make that comment. But I'll support this. I think it's worthwhile looking at it. Let the Legislature deal with it. CHR KANUHA: Ms. Poindexter. MS. POINDEXTER: Yeah, and I think one of the arguments that I heard before is this is just a resolution going to the Legislature, although it's not the reason why I'm supporting it. I believe that we've got to start somewhere at some time, and taking baby steps will be the way to go. But again, that's why I'm supporting this. But to those of you who believe that this is just a resolution urging the Legislature, I urge you to support it if you believe that on the bill prior to, that was the bingo bill. Thank you. CHR KANUHA: Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chairman. So, Ms. Wille, I'm guessing you're going to be up there in the Legislature after Council `cause you have all these resos that you have to follow up on. The Council Members made lots of good points. Another thing thatactually, a testifier I was speaking to kind of sparked my mind because he mentioned about surfboards and how surfers go there with their wax. And I guess the wax companies are marketing that these are eco-friendly wax and these are soy wax. He made a smart comment saying, "Well, aren't most soy genetically modified? And isn't that wax a petrochemical?" So, there's a lot of things that's happening in our ocean because we exist as humans. And at the same time, too, we need our tourist economy to be great here. And without the tourists, we can't really get our economy up to where we want to. So, to protect our natural resources, it's a fine balance. And you are on the right step, Margaret, in asking that question. You're not solving anything with this resolution. This resolution just shows that the Hawaii County is in support, but most of the legislators up there already know and pretty much don't really take it for any face value at all. So, if you want to make an impact, Margaret, go up there and lobby and talk to them individually and make the friends that can make it happen. But I'll support this. Anything toI mean, nothing's going to happen. I don't expect it to because of this resolution. But if it does, prove me wrong and let me know. Thank you. Page 44 Hawaii County Council-53 November 2,2016 CHR KANUHA: Thank you. We're still on the first round. Okay, second round, Mr. Onishi. MR. ONISHL Thank you, Mr. Chair. Can I ask a question to Ms. Wille? MS. WILLE: Sure. MR. ONISHL Okay. Say the Legislature does pass it and they ban this ingredient, right, is there another option or does the manufacturer produce something else that protects the skin? MS. WILLE: Yes, there are alternatives. This is in some products and not in others. MR. ONISHL Okay. So, there are products that, and people doso, why aren't we promoting those products for people to use? MS. WILLE: I think that we will if we can get this passed. But just to do that won't MR. ONISHL So, my question is, why aren't we just promoting that other product that doesn't have the ingredient in that? MS. WILLE: That discussion came up at the conservation congress, and basically the response MR. ONISHL No, I understand. But I'm asking you why aren't you promoting that other product? MS. WILLE: Why aren't I? MR. ONISHL Yeah. MS. WILLE: Because, I think that this will be more effective, and I think that this will ensure it. And what was said there is that it really—we're at the point where so much of the corral is bleaching, we need to save MR. ONISHL No, okay, I understand, but I justI guess my question was that, okay. MS. WILLE: Okay. Page 45 Hawaii County Council-53 November 2,2016 MR. ONISHL So, that's fine. Thank you. Before us, yeah, is a resolution but on the last bill if everybody had voted "aye,"I would vote "aye" for this because it's a resolution. But not everybody voted "aye,"so we all have choices to make. So, that's why MS. WILLE: Maile did. MR. ONISHL Yeah, but not everyone. But if everyone had voted "aye,"I would be voting "aye" for this because it's just a resolution. But not everybody voted "aye," so everybody has their choice. So, my choice is "no" on this one. Okay? Thank you. CHR KANUHA: Did you want to go first, Ms. Eoff? MS. EOFF: Just real quick. I know you can make the argument that this is just one small little step and it wouldn't really change the problems we have that the reefs are facing right now with a lot of other stressors. But to me, it's like I go the other way and just think, "Well, if there's any one little thing we can do, let's do that because those all add up, too, on our island and even around the world." So, if people keep thinking that, oh, nothing helps or that's just one little thing, then we just keep building up and adding to environmental issues. Whereas, if we go the other way and collectively humans start being more conscious about what is dangerous and what is safer, then we may end up in a better place in the future. So, that's why I'm supporting it. MS. WILLE: There are several legislators that are discussing doing it and I do mention, as in this article, Senator Espero is one and will be introducing a bill. At that point, he had not received that much opposition in that; he is optimistic. So, I think, why pick on little old oxybenzone? It's just that from the research that's been done recently, it is having a really significant impact. And they did substantial studies in Maui County, and I'll leave it at that. CHR KANUHA: Okay, anybody else? MR. ONISHL Just one fast one. CHR KANUHA: Mr. Onishi, you had your two turns already. We've got to move on. MR. ONISHL Just one fast one. CHR KANUHA: You've talked your four turns, yeah. MR. ONISHL One fast one. Page 46 Hawaii County Council-53 November 2,2016 CHR KANUHA: Okay. Last say, Mr. Onishi. MR. ONISHL Okay, yeah. I'm just going to suggest that to the new Council, you guys should talk to Parks and Rec. Post some signs for the tourists to say don't use this product. That's a proactive way of moving forward, right, to help encourage them not to use those products. Then use these products or whatever. But, that's all. Thank you. CHR KANUHA: Thank you, Mr. Onishi. Okay,just briefly, I supported this the last time, and I do think this isn't the main stressor but it might contribute to one of the stressors. And like Ms. Eoff said, if we can do one little thing to help our, especially our reefs that provide so much. We have all the reef fish, which provides for the bigger fish which, you know, for the bigger fish. So, it all kind of contributes to this cycle that we need to survive, and we need it to thrive. So, if this helps the Legislature look at this seriously, then I'm all for it. So, saying that, I think we can go for the vote. Mr. Clerk, maybe a roll call. Vote on Res. 672-16: The motion to adopt Res. 672-16 and Governmental (Adopted) Relations and Economic Development Committee Report No. 9 was carried by the following roll call vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. (Note: During Mr. Onishi's vote, he stated that Parks and Rec. should put up signs.) CHR KANUHA: Motion passes. Res. 673-16: URGES THE 2017 HAWAII STATE LEGISLATURE TO PASS LEGISLATION TO DECRIMINALIZE MARIJUANA The legislation would reduce the classification of possession of one ounce or less of marijuana from a petty misdemeanor punishable by up to 30 days in jail and up to a $1,000 fine, to a civil violation punishable by fines and/or community service. Reference: Comm. 1094 Intr. by: Ms. Wille Approve: GREDC-10 Page 47 Hawaii County Council-53 November 2,2016 Motion to Approve: Ms. Wille moved to adopt Res. 673-16 and Governmental Relations and Economic Development Committee Report No. 10. Seconded by Ms. Poindexter. CHR KANUHA: Ms. Wille. MS. WILLE: So, this isn't to legalize. This is basically having to do with the penalties. It's to decriminalize a small amount of marijuana. And we can all say the preference is no one, no drugs, but really the question here is what do you all think is the appropriate penalty and what are the pros and cons of having criminal penalties versus fines and community service? So, that's where this is at. I've known people where they have been subject to criminal prosecutions for small amounts of marijuana. They ended up more criminals and more difficulties or have been very badly hurt or have been in and out of that whole thing. And I just think, at this point, having fines and especially community service where people are then—you can have education and community service would be better. So again, it's not about legalizing. It's about being real in this day and age. And it's looking at what the impact on people's lives are if you have criminal charges versus, say, doing community service such as weed maintenance on our public areas. And so, you'll all get it. If you have any questions, but I think it's—you can eitheragain, it's just making it that you're not a criminal, not labeled that if you are caught with possession. It's one ounce or less. In terms of what came out, it would go to the State Legislature. Anyway, I urge you to support it. CHR KANUHA: Ms. Poindexter. MS. POINDEXTER: I'm going to support this. The last time around, I think, I didn't support it because it was written a little differently. And I think where will—we have the medical marijuana dispensaries coming up. And at the Legislature, they're going to be looking at changes in how—if the caregivers can grow or whatever. And that's going to get a little sticky. And I want to be able to make sure and support those caregivers who are needing to grow for their patients. And that might change, and it may have an effect on their lives because if it's the punishment is—it's just, to me, not a good thing to have it so strictly done withI think well, in other words, decriminalizing it and what Margaret has written, I think will work hand in hand with some of the changes already that they're trying to make at the Legislature, or we hear talks about it. So, I'm going to support this, Margaret, and I don't mind working with you on it, even if you're away or whatever, at the State level. I will be honored to work with you on this. Thank you. Page 48 Hawaii County Council-53 November 2,2016 CHR KANUHA: Mr. Paleka. MR. PALEKA: Yeah, I'm going to support this. I think we're moving in that direction. I think it also presents an opportunity for income because instead of just—well, within the decriminalization model of this and in partnership with the medical marijuana and dispensary system, I hear the concerns regarding the caregivers. But if the penalties will be more in the type of citations, I think that's where it really could be something where it would turn into a revenue. Of course, also taking into consideration verification methods for—that's going to be tough because the Department of Health now has a registry for medical marijuana. So, for our enforcement division and unless we're going to have Department of Health officers issuing the citations, they could check within their database. So, that's another consideration that might be thought of in terms of the legislation that does come from this. Because, I don't know how, well, perhaps Molly could share on how they share information now. Or would you want to not even go there in terms of (Note: At this time, Corporation Counsel Molly Stebbins came forward to address the members of the Council.) MS. STEBBINS: Sorry, I was focusing on something else. But I came up not to address what you were saying but because Council Member Onishi asked me to come up. So, I wasn't trying to interrupt you. MR. PALEKA: No, no, but are you familiar with how they share information now in terms of enforcement, getting information or verifying with the Department of Health? MS. STEBBINS: Verifying if somebody has a medical marijuana card? MR. PALEKA: Yes. MS. STEBBINS: And you're asking how law enforcement verifies? MR. PALEKA: Yes. MS. STEBBINS: I don't know the exact procedures or protocol, but yes, there's a system in place for doing that. MR. PALEKA: That's a system. Okay. Thank you. Thanks, Molly. CHR KANUHA: Mr. Onishi. Page 49 Hawaii County Council-53 November 2,2016 MR. ONISHL Thank you, Mr. Chair. Molly, thank you for coming up. Do you know anything about that law that was passed by the Legislature of how these medical marijuana facilities are going to be working? I thought that by having the dispensaries, people are not going to be allowed to grow anymore `cause they are going to be buying it from these dispensaries. MS. STEBBINS: My understanding is that what's getting phased out is the caregiver aspect to the current medical marijuana laws. So, currently, I believe you can continue to grow your own, but what they're going to phase out is the ability to be a caretaker for another person who has their medical marijuana card. MR. ONISHL And that was because of, in Oahu, the majority of all the medical card holders said that they cannot grow. `Cause on the Big Island, I think `cause Big Island, we have the most medical cardholders. And out of that, I don't know, I think it was like 4,000-plus cardholders we have here. A handful, like less than 25—and I think it's like 16 people said that they couldn't grow the product. But on Oahu, they had like maybe 3,000 cardholders and maybe about 2,000 or 2,500 said that they had a hard time growing the product, right. So, that's why in Oahu, they have, like, three dispensaries. On the Big Island, going have two, right? And then, but Maui's two, and then I think Kauai is two or whatever. But for that part about the medical marijuana, to my knowledge, I mean, was to kind of like eliminate a group of not people growing, right, and that's where the, what is that, the caregivers. Right? MS. STEBBINS: Right. Right now, a caregiver can grow for somebody else. MR. ONISHL Right. And they're allowed up to five, I think, patients? MS. STEBBINS: I'm not sure. MR. ONISHL I think was five, or four. Four? Four or five, Danny? Four? Oh, four. Yeah, okay, but thank you. And just another note, another reso prior to this about how gambling might make people addictive to this, I mean, so now we're going to say that if you have an ounce or less, you're not going to get penalized to its highest point. Right? And you're going to be, like, limited to only like a misdemeanor or something like a slap on the hand. So now,people now can, "Okay, I can get an ounce in my possession. And I know for a fact I'm not going to get put in jail." Right? "I'm going to get slapped on the wrist." So now, that person can smoke one ounce a day or whatever, that they could do whatever. And so, to me, I mean, on one end we're saying, okay, like gambling is an addiction but then with marijuana, okay, "You have an ounce or less you can be okay. You're not going to get penalized, so it's okay." Page 50 Hawaii County Council-53 November 2,2016 But then try think, how much is one ounce—'cause I thought—someone told me one time, one ounce you can roll, I don't know, like, at least a hundred joints. Okay? So, can you imagine smoking 50 joints a day? That guy's going to be an addict, I think. Right? I mean, we've just got to look at how we look at scenarios, right? But I just wanted to mention that. Thank you. CHR KANUHA: Okay, first round, Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chairman. First of all, we address this regarding the jails that we currently have and the problem of space. And having marijuana being the lowest priority because there is more hard drugs out there that needs the attention and focus when it comes to prosecution. Margaret, again, I support you in this. It's in line in where I believe, and at the same time maybe you should consider running for State House in two years. This is a lot of State work for if your Senate seat comes up. Just saying. You can do a lot of impact with all these things that you want to change. CHR KANUHA: Before I give it back to Ms. Wille. I think you can finish it up, Ms. Wille. Oh, sorry, I was telling him I'm not going to give him another time. MS. WILLE: Again, I just want to say I think it's good for us as a County to be part of the conversations that go on, on important issues. And on a related issue, hopefully if the Chair lets it on, I've got something coming up next time about the hemp pilot projects that the other counties are jumping on. But anyway, it's a multifaceted issue, and there is a lot going on. I just think this is real, and it also is a revenue. I really believe in community service as a consequence. And I see in a lot of different areas I think that it not only is a punishment but that it has a lot of value. And I would—and moving people out of jail where we spend I don't know how much a day for this and getting people out of that culture and more into here's an opportunity to actually work on areas that we have community service and maybe moving people. So, I think that there are some positives on this. So, I urge you to support it. CHR KANUHA: Okay, thank you. Okay, I think we're ready to take the vote. All in favor of approving Resolution 673, say "aye." Page 51 Hawaii County Council-53 November 2,2016 Vote on Res. 673-16: The motion to adopt Res. 673-16 and Governmental (Adopted) Relations and Economic Development Committee Report No. 10 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Paleka, Poindexter, Wille, and Chair Kanuha–8. Noes: Council Member Onishi– 1. Absent: None. Excused: None. Res. 674-16: URGES THE MAYOR TO CREATE A TEMPORARY BAN ON THE TRANSPORT OF `OHIA FROM THE SOUTHERN HALF OF HAWAII ISLAND TO THE NORTHERN HALF OF HAWAII ISLAND Urges the temporary ban to help prevent the spread of Rapid `Ohi`a Death to the unaffected northern part of the island. Reference: Comm. 1095 Intr. by: Ms. Wille Approve: AWESC-5 Motion to Approve: Ms. Wille moved to adopt Res. 674-16 and Agriculture, Water and Energy Sustainability Committee Report No. 5. Seconded by Ms. David. CHR KANUHA: Ms. Wille. MS. WILLE: As you can see, I've been through a number of things that I have to work on. But anyway, I think this is really important in terms of timing. On the same day that we passed this in Committee, there was a whole page at least, I think it was in the West Hawaii paper, about how the State's working on the ban to protect all of the other islands from the Rapid `Ohi`a Death on our island. The last time this came out, I gave out additional information showing the maps of where it had been found and where the really sort of forest fire of it. And Kohala Mountain is—it's not there. There's a large `ohi`a forest in a portion of District 1 and District 9. I just feel that we need to—this is moving towards it is just a resolution but trying to take County action, how can we protect the areas where there's either none or minimal? Basically, if you draw a line across the island. It also would include the Hilo Harbor, Saddle Road, and Kawaihae Harbor, which are where the exit points would be. So, what it's saying is there are—you can get exemptions—right now, they are already talking about it. I think the Department of Health is talking about it—for movement of`ohi`a. But it's just an action to prevent the spread of something Page 52 Hawaii County Council-53 November 2,2016 that's really bad, and it happens to be my district that, in particular, has not been impacted and would prevent its spread there. And to not just look at everything so much right now in terms of invasive species as our island has already got it and we don't have to worry, whether it's the fire ants or other things. It's something where we can do more. It is a resolution. It moves it to the Mayor to work on it and do with it as it's appropriate. And largely by doing this, I think that there's that educational element and making people more aware. I have friends that were going to—I've got some land with `ohi`a down in Puna and I've got to bring it up to Waimea to build a shelter or something. I'm going, "Oh, my gosh," you know, like that's it. Then suddenly it's so easy to spreadI mean, you look at how quickly it's spread in Puna—once it gets in an area. So again,just trying to see what we as a County can do and not just be here relying and waiting for, let's see if the State's going to do, which I think right now they're focusing largely on how can we deal with where it exists and, No. 2, how can we keep it just on the Big Island. So, this is pro-Big Island, Hawaii County. CHR KANUHA: Okay. Any other discussion? Okay, mahalo, Ms. Wille. I think it's a good resolution to support. Okay, all in favor of supporting Resolution 674 say "aye." Vote on Res. 674-16: The motion to adopt Res. 674-16 and Agriculture, Water (Adopted) and Energy Sustainability Committee Report No. 5 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha–9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Res. 681-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HAWAII WILDLIFE FUND FOR NORTH KOHALA ELEMENTARY, MIDDLE, AND HIGH SCHOOL'S RECYCLE PROGRAM Transfers $5,000 from the Clerk-Council Services –Contingency Relief account (Council District 9); and credits to the Liquor Control, Public Programs account. Reference: Comm. 1110 Intr. by: Ms. Wille Page 53 Hawaii County Council-53 November 2,2016 Motion to Approve: Ms. Wille moved to adopt Res. 681-16. Seconded by Ms. Poindexter. CHR KANUHA: Ms. Wille. MS. WILLE: I think you heard testimony this morning from Hanako Anderson. This would be under the auspices of Hawaii Wildlife. Megan Lamson would be helping on this. But this is basically an effort that's been initiated by the elementary, middle, and high school in Kohala and really taking on an effort to do what they can do to promote recycling and awareness, including and possibly setting up educational stations and litter stations. On the parks, they would need to work with Parks and Rec. to get authorization and how it would be handled in the long-term. The State has done several of those projects on State parks and they have not worked well in terms of really working with the people who are maintaining it. But here, you've got the school. I've gone to speak to the classes, and it's something that they've grabbed ahold of. So, I urge your support. It's got a lot of faculty support, and the kids—it's a hands-on project. They're also learning science and other things. So, it gives them, a lot of the kids, something other than just where they're learning by two-dimensional learning. So, 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. 681-16: The motion to adopt Res. 681-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha–9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Next item. Page 54 Hawaii County Council-53 November 2,2016 Res. 682-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF THE FUTURE TO PURCHASE STORAGE FACILITIES FOR THE ROOTS SKATE PARK IN KAPA`AU, NORTH KOHALA Transfers $9,000 from the Clerk-Council Services –Contingency Relief account (Council District 9); and credits to the Liquor Control, Public Programs account. Reference: Comm. 1111 Intr. by: Ms. Wille Motion to Approve: Ms. Wille moved to adopt Res. 682-16. Seconded by Mr. Onishi. CHR KANUHA: Ms. Wille. MS. WILLE: Immediately, these funds are for storage. They're going to get two of those large Matson containers. And they've got sort of supplies in everybody's house and place and working on the skate park. This would also—they're going to setup part for working with the kids to actually have them involved in the whole project, in the planning, and have a youth advisory group so that they're not just sitting, waiting for something to be done for them. This has been a long project in terms of really getting together all of the funds that are needed to do what's being proposed. There was a comment or testimony earlier that these funds have been in jeopardy and that something had to happen. To my knowledge and in talking to Clayton, and I just reaffirmed with him while he was here this morning, there is no—the funds have not been in jeopardy and we're just trying to do the park the way they want. What Clayton's made clear is once something is done and you have this amount, this is what you're going to get. You don't, like, okay, now we get more money later then we can somehow change it and add on. So, they've got a certain plan. They're working on it. They're working with more and more volunteers. And I think with this we're going to do it in steps first, with grading through the bidding process and then they're going to do community work. But there's a lot of community that's going to be involved in the building itself. And I think that's good. Anyway, I urge your support. CHR KANUHA: Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Page 55 Hawaii County Council-53 November 2,2016 Vote on Res. 682-16: The motion to adopt Res. 682-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Next item. Res. 685-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII ISLAND UNITED WAY FOR THE PURCHASE OF MATERIALS AND SUPPLIES FOR ITS COMMUNITY OUTREACH INITIATIVE Transfers $1,600 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Liquor Control, Public Programs account. Reference: Comm. 1115 Intr. by: Mr. Onishi Motion to Approve: Mr. Onishi moved to adopt Res. 685-16. Seconded by Ms. David. CHR KANUHA: Mr. Onishi. MR. ONISHL Just asking for support. Thank you. CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Res. 685-16: The motion to adopt Res. 685-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Next item. Page 56 Hawaii County Council-53 November 2,2016 Res. 686-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE HAWAII ISLE POLICE ACTIVITIES LEAGUE (HI-PAL) BOXING PROGRAM IN WEST HAWAII Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Police Department, HI-PAL Other Current Expenses account. Reference: Comm. 1116 Intr. by: Mr. Onishi Motion to Approve: Mr. Onishi moved to adopt Res. 686-16. Seconded by Ms. Poindexter. CHR KANUHA: Mr. Onishi. MR. ONISHL I'm just asking for your support. But we've been trying to get the HI-PAL (Hawai`i Isle Police Activities League)program, getting boxing back. `Cause back then when I used to work for HI-PAL, this was like maybe over 10, 11 years ago, 12 years ago, we had a boxing program and it was great. We had clubs all over the island, and we used to have events like in Waimea, Kona, out in Pahala, Hilo. I don't think we ever had it in Honoka`a, but I think we had it in Waimea and so forth. But it was awesome. And then the program died. It was because it wasn'tI guess staff wasn't allowed to be involved as much as they could, meaning the Police Department, the HI-PAL program officers. And so, it kind of died. And then now, we're trying to revive it. But what is, I guess, sad about it is that this is only going to be an Area 2, which is the West Hawaii side. And so, it's like from Waimea all the way out to, like, I guess, Ocean View is Area 2, yeah. Na`alehu is part of Hilo? Oh, no, I think they're Area 2, yeah. So, that's going to be that area. So, they can have all these events in those areas but they cannot come into Area 1, which is like from Honoka`a all the way out to, like, Pahala, whatever. And the reason is because they left it up to each area to decide if they wanted it or not. So, the Hilo guys decided that they didn't want it. And it's not the community police officers, but what I hear it was the ranking officers that had made the decision that Hilo's not going to get involved. But so, I'm going to be looking forward to when I go help them with the boxing out on the west side. Hopefully, I'll see you folks and we'll make sure we invite you guys `cause then you guys can help out with promoting this program. So, I ask for your guys' support. Thank you. CHR KANUHA: Thank you. Any other discussion? Just mahalo, Mr. Onishi, and definitely looking forward to that happening and going out for that. Okay, all in favor of approving Resolution 686 say "aye." Page 57 Hawaii County Council-53 November 2,2016 Vote on Res. 686-16: The motion to adopt Res. 686-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Next item. Res. 687-16: 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 GENERAL COUNCIL OF THE ASSEMBLIES OF GOD FOR THE PURCHASE OF A SOLAR WATER HEATER FOR THE KURTISTOWN ASSEMBLY OF GOD CHURCH Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Liquor Control, Public Programs account. Reference: Comm. 1117 Intr. by: Mr. Eagan Motion to Approve: Mr. Eagan moved to adopt Res. 687-16. Seconded by Mr. Paleka. CHR KANUHA: Mr. Eagan. MR. ILAGAN: Thank you. I just want to briefly mention that this organization has been doing a lot of feeding in the Puna community, and this solar unit will help mitigate some of the costs that they have and be able to feed a lot more people. I ask for your support. Thank you. CHR KANUHA: Thank you. Any other—Mr. Paleka. MR. PALEKA: I'd just like to ask for your support also. This is in my district, but thank you, Council Member Ilagan, for supporting (inaudible). CHR KANUHA: Okay. Any other discussion? Seeing or hearing none, all in favor of the motion to approve say "aye." Page 58 Hawaii County Council-53 November 2,2016 Vote on Res. 687-16: The motion to adopt Res. 687-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Council, we're going to take a brief ten-minute recess. We've got to reconnect with the captioner, and I think I need to take a recess as well. So, ten-minute recess. Recess: At 2:53 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 3:05 p.m. CHR KANUHA: Mahalo for everybody's patience. Hopefully everything's working now, and we can resume our meeting. Res. 688-16: 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 6); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 1120 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 688-16. Seconded by Mr. Paleka. CHR KANUHA: Ms. David. MS. DAVID: Thank you. I would just really ask for your support on this very important program for the Family Visitation Center on the west side. I think Mr. Chung had done one before or, but anyway we really need this program on the west side. So, I appreciate your support. I yield. CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Page 59 Hawaii County Council-53 November 2,2016 Vote on Res. 688-16: The motion to adopt Res. 688-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Next item. Res. 689-16: 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 WEST HAWAII FAMILY VISITATION CENTER PROGRAM Transfers $4,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 1121 Intr. by: Ms. Eoff Motion to Approve: Ms. Eoff moved to adopt Res. 689-16. Seconded by Ms. David. CHR KANUHA: Ms. Eoff MS. EOFF: Thank you. This is the same as the one before, and this money will assist with expenses related to the YMCA's (Young Men's Christian Association's) Family Visitation Center program in West Hawaii. CHR KANUHA: Thank you, Ms. Eoff Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Res. 689-16: The motion to adopt Res. 689-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. Page 60 Hawaii County Council-53 November 2,2016 CHR KANUHA: Motion passes. Next item. Res. 690-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO TOASTMASTERS INTERNATIONAL TO ASSIST THE HILO TOASTMASTERS CLUB 4248 WITH EXPENSES ASSOCIATED WITH ITS PUNA OUTREACH PROJECT Transfers $920 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Liquor Control, Public Programs account. Reference: Comm. 1122 Intr. by: Mr. Paleka Motion to Approve: Mr. Paleka moved to adopt Res. 690-16. Seconded by Ms. Eoff. CHR KANUHA: Mr. Paleka. MR. PALEKA: I think the testimony this morning during our very emotional period suffices, but I just ask for your support. CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Res. 690-16: The motion to adopt Res. 690-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Next item. Page 61 Hawaii County Council-53 November 2,2016 Res. 692-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF THE FUTURE TO ASSIST WITH EXPENSES ASSOCIATED WITH THE WAIMEA DOMESTIC HARMONY VIGIL, PARADE, AND FORUM Transfers $500 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 1124 Intr. by: Ms. Wille Motion to Approve: Ms. Wille moved to adopt Res. 692-16. Seconded by Mr. Paleka. CHR KANUHA: Ms. Wille, go right ahead. MS. WILLE: So, this was for working on domestic violence issues and harassment issues and helping people become more aware of where they are having problems, whether it's in the family or school or elsewhere, that there's somebody they can go to and how to get people so they're not so afraid to come forward. It was very good. And working with our community police officers. So, I urge your approval. CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all in favor of the motion to approve, say "aye." Vote on Res. 692-16: The motion to adopt Res. 692-16 was carried by the (Adopted) 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: Motion passes. Next item. Page 62 Hawaii County Council-53 November 2,2016 Res. 693-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF THE FUTURE FOR EXPENSES RELATED TO THE HULA PERFORMANCES OF NA KUPUNA O KOHALA 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. 1125 Intr. by: Ms. Wille Motion to Approve: Ms. Wille moved to adopt Res. 693-16. Seconded by Ms. Poindexter. CHR KANUHA: Ms. Wille. MS. WILLE: This is to help the kupuna in North Kohala. They're working really hard on the hula program and being able to go to the events so that the seniors there can afford to do so and this will help them. I urge your support. CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Res. 693-16: The motion to adopt Res. 693-16 was carried by the (Adopted) 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: Motion passes. Next item. Page 63 Hawaii County Council-53 November 2,2016 Res. 694-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO CATSNIP HAWAII FOR EXPENSES ASSOCIATED WITH SPAYING/NEUTERING CATS Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Liquor Control, Public Programs account. Reference: Comm. 1126 Intr. by: Ms. Wille Motion to Approve: Ms. Wille moved to adopt Res. 694-16. Seconded by Ms. Poindexter. CHR KANUHA: Ms. Wille. MS. WILLE: I've been trying to deal a lot with the issue of feral cats and what to do. This is supported by all of Humane Society and all of the different groups and will enable, I forget exactly how many. It will be a free neutering program in District 9, and they would also be getting additional shots and IDs. Anyway, I urge you to support it. CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Res. 694-16: The motion to adopt Res. 694-16 was carried by the (Adopted) 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: Motion passes. Next item. Page 64 Hawaii County Council-53 November 2,2016 Res. 695-16: APPROVES LEGISLATIVE PROPOSALS FOR INCLUSION IN THE 2017 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE Approves eight proposals submitted by the counties of Kauai, City and County of Honolulu, and Maui, as listed in Exhibit A, to be considered by the 2017 State Legislature, which convenes in January 2017. Reference: Comm. 1127 Intr. by: Mr. Onishi Waived: GREDC Motion to Approve: Mr. Onishi moved to adopt Res. 695-16. Seconded by Ms. Wille. CHR KANUHA: Mr. Onishi. MR. ONISHL I'm just here to answer any questions if anybody has any. CHR KANUHA: Okay, thank you. Ms. Wille. MS. WILLE: Yeah. I'm glad to see the Transient Accommodations Tax measure in here. I think that is important and basically it's what we supported the last time and hopefully we'll be more engaged in the conversation. I think one of the responses was always "Why don't you tax—give real property taxes on the higher end groups, like that have second homes?" And we responded, "Well, we don't think that's legal." And their response was, "Well, you can do it." And since that time, the court has come down and said that it was unconstitutional. So, I just want to mention that. Anyway, that's the one piece in here that I'm particularly looking at. And again, the State legislators, the argument was just let'sto the leadership to the other legislators in our County, "Well, why don't you do this and then you can be the one giving the money for the items and not having the County representatives do it?" I'd just like to see a concerted effort on this front. Thank you. CHR KANUHA: Thank you, Ms. Wille. Any other discussion? Ms. Eoff MS. EOFF: I just wanted to note that No. 3, a bill for an act, making an appropriation for emergency medical services, I guess it's coming from the County of Kauai, but the ambulance would also be for our Island of Hawaii. So, that's great. CHR KANUHA: Mr. Onishi. MR. ONISHL We had a discussion at one of the HSAC meetings. I've got to give credit to Chief Rosario because the State Health Department was conducting Page 65 Hawaii County Council-53 November 2,2016 these meetings with the different counties and it was agreed upon that Hawaii County's supposed to be the first island to get one of the vehicles. But then with this, talking to them, they're saying that there might be enough money for both islands to get the medical vehicles. So, that's why it's in there. CHR KANUHA: Ms. Wille. MS. WILLE: I have a question. I really didn't fully understand the last one, this other tax one. If you could just explain really briefly what the gist of that is. MR. ONISHL I think to my knowledge was that Maui wanted to get, I guess, the State being able to give the counties the identification part. So, sharing. Like how I think when we talked about the property tax, the one they could look at, what is that, the income tax or something like that? Remember? MS. WILLE: Mhm. MR. ONISHL We could go to the State, right, and ask the State to give us the identification for the tax purpose for us to know if they're residents or not. So basically, this is something in the same way that Maui wants. CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Res. 695-16: The motion to adopt Res. 695-16 was carried by the (Adopted) 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: Motion passes. Next item. Page 66 Hawaii County Council-53 November 2,2016 Res. 700-16: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE HAWAII COUNTY POLICE DEPARTMENT Authorizes the Mayor to enter into an agreement to accept up to $53,259 to reimburse the department for overtime costs incurred by staff to disrupt the flow of illicit drug trafficking into Hawaii. Reference: Comm. 1132 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 700-16. Seconded by Ms. David. CHR KANUHA: Ms. Eoff. MS. EOFF: That was very self-explanatory in the caption. It's a grant coming in, and I urge us to support it. CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Res. 700-16: The motion to adopt Res. 700-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Next item. Page 67 Hawaii County Council-53 November 2,2016 Res. 701-16: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES SECRET SERVICE, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE HAWAII COUNTY POLICE DEPARTMENT Authorizes the Mayor to enter into an agreement to accept $10,000 to reimburse the Police Department for overtime, travel, fuel, equipment, and other costs incurred by staff for joint operations with the United States Department of Treasury, which includes protection of government officials, preventing counterfeiting of U.S. currency, and securing U.S. banking and finance infrastructure. Reference: Comm. 1133 Intr. by: Ms. Eoff Waived: FC Vote on Res. 701-16: Ms. Eoff moved to adopt Res. 701-16. Seconded by (Adopted) Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Next item. Res. 702-16: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT FOR CASE MANAGEMENT SOFTWARE Authorizes the Mayor to enter into a five-year agreement, which includes annual licensing, maintenance, and support fees, for software to be used by the Office of the Prosecuting Attorney. Total cost of the system is approximately $20,000 to $25,000 per year. Reference: Comm. 1134 Intr. by: Ms. Eoff Waived: FC Page 68 Hawaii County Council-53 November 2,2016 Vote on Res. 702-16: Ms. Eoff moved to adopt Res. 702-16. Seconded by (Adopted) Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Next item. Res. 703-16: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE (1) MULTI-FUNCTION COLOR COPY MACHINE FOR THE DEPARTMENT OF PUBLIC WORKS Authorizes the Mayor to enter into a five-year lease agreement for a copier to be used by the department's Highways Division. Reference: Comm. 1135 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to adopt Res. 703-16. Seconded by Ms. Poindexter. CHR KANUHA: Any discussion, Ms. Eoff? MS. EOFF: No. I think they have an obsolete machine and need to upgrade here. So, 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. 703-16: The motion to adopt Res. 703-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Next item. Page 69 Hawaii County Council-53 November 2,2016 Res. 704-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE OFFICE CHAIRS AND CASTER WHEELS FOR THE WAIAKEA FIRE STATION Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Hawaii Fire Department, Protection- Equipment account. Reference: Comm. 1139 Intr. by: Mr. Onishi Motion to Approve: Mr. Onishi moved to adopt Res. 704-16. Seconded by Ms. Wille. CHR KANUHA: Mr. Onishi. MR. ONISHI: Just asking for support. CHR KANUHA: Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on Res. 704-16: The motion to adopt Res. 704-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Next item. Res. 710-16: 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 ITS FAMILY VISITATION CENTER PROGRAM Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 1148 Intr. by: Mr. Kanuha Page 70 Hawaii County Council-53 November 2,2016 Motion to Approve: Ms. Eoff moved to adopt Res. 710-16. Seconded by Mr. Onishi. CHR KANUHA: Is there any discussion? Just mahalo for the support. I'm glad to be supporting this. All in favor of the motion to approve, say "aye." Vote on Res. 710-16: The motion to adopt Res. 710-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Next item. Res. 711-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO SPECIAL OLYMPICS HAWAII INC. TO ASSIST SPECIAL OLYMPICS WEST HAWAII WITH EXPENSES RELATED TO THE REGIONAL BIG ISLAND SOFTBALL TOURNAMENT Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 1149 Intr. by: Mr. Kanuha Motion to Approve: Ms. Eoff moved to adopt Res. 711-16. Seconded by Ms. David. CHR KANUHA: Any discussion? Again, I'm really glad to be supporting this event. We try to go every year, and it's a really good event to help support. Okay, any other discussion? All in favor of the motion to approve, say "aye." Page 71 Hawaii County Council-53 November 2,2016 Vote on Res. 711-16: The motion to adopt Res. 711-16 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. 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.) Bill 242 AMENDS CHAPTER 16 OF THE HAWAII COUNTY CODE 1983 (Draft 2): (2005 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO IMPLEMENTING SUSTAINABILITY AND RESILIENCE PRINCIPLES FOR THE LONG-TERM WELLBEING OF THE COUNTY AND ITS INHABITANTS Provides for: (1) an annual report from the Planning Department on the County's progress and challenges in implementing sustainability planning as provided for in the State's Aloha+ Challenge Initiative, the County's General Plan and related community development plans, and as mandated in the Hawaii State Constitution, Article XI, Section 9, and in the Hawaii County Charter Section 13- 29 "Conservation of Natural and Cultural Resources"; and (2) an annual report from the County Council providing its assessment of the County's sustainability and resilience efforts with recommendations to further those objectives. Reference: Comm. 1062.3 Intr. by: Ms. Wille Approve: AWESC-6 (Note: Comm. 1062.4, from Council Member Margaret Wille dated October 28, 2016, transmitting proposed amendments to Bill 242, Draft 2, was circulated. Comm. 1062.5, from Planning Director Duane Kanuha dated November 2, 2016, transmitting testimony in opposition to Bill 242, Draft 2, was also circulated.) Motion to Approve: Ms. Wille moved to pass Bill 242, Draft 2, on first reading and adopt Agriculture, Water and Energy Sustainability Committee Report No. 6. Seconded by Ms. Poindexter. CHR KANUHA: Ms. Wille. Page 72 Hawaii County Council-53 November 2,2016 MS. WILLE: Okay, yeah. Basically, trying to move the whole sustainability issue forward which was being worked on, on a State level on the Aloha+ Challenge. And we and the other counties were working on it in different ways in trying to implement it more on a County level. There were a number of issues that came up last time, and I have redrafted the bill to I think address the issues that were raised at that time. So, I want to refer you to Communication 1062.4 and, if possible, I'd like to move that forward for discussion purposes at this time. If you want to dig out, it should be in the pinkie pile. CHR KANUHA: Okay, was that a motion? MS. WILLE: Yeah. Motion to Amend: Ms. Wille moved to amend Bill 242, Draft 2, with the contents of Comm. 1062.4. Seconded by Ms. Poindexter. CHR KANUHA: Ms. Wille. MS. WILLE: Okay. Basically, what we're trying to look at here is to engage more long-term planning to go on and be more accountable in terms of various fronts. I have to commend and appreciate my fellow Council Member Aaron Chung because, upon reflection, I felt that his, regardless of how he votes on it, his suggestions were I think that this is a better bill than I had. And I say that because basically what this is, is sort of like, on a County level, a self-monitoring where are we whether it has to do with climate change, see if it'll rise. To say those are environmental issues, local food, energy. And on page 3, it talks about reports and records, annual sustainability, and resilience report. I had something on the Constitution and our Charter, and those were really more general issues of authority, which if you look above on page 2 of those. And instead, it's saying let's look at where our goals and action plans are and where our goals and action plans thereon we as a County as well as the State are working on the Aloha+ Challenge initiative, and also in terms of the County's General Plan where we have the goals and action plan. So, it's actually, there are sort of baseline questions. I took out the part about the Charter and the Constitution. I also took out in the statement of purposeI had quoted a quote that I thought was a good encapsulation in terms of development and sustainability. But what was brought to my attention is, "Well, who is this person? Why do you have it there?" And I thought that was reasonable, and it really didn't need to have it. Now, you might say and what some people have said is, "Well, Margaret, we already have this. Dru and I went on June 26, 28, sort of on a County level, about the Aloha+ Challenge and why are you doing this here? Why do we want these Page 73 Hawaii County Council-53 November 2,2016 report cards or have to do a reporting?" Just from really attending that and attending the different things, I mean, I've worked on whether, it's like self- monitoring and us taking it on as a County. Even if, like, one of the focus is in terms of local food, I felt they had all of this let's do such and such by 2030. To me, you can say that at a State level but I don't care what happens in 2030. Where we are now, where we're improving, where are gaps are, and move forward. And I think back when they had the initiative, when was that? Back in February? John De Fries and the Mayor did it in terms of how do we move our County forward, and look at some of these issues where they're not acute problems. They're sort of long-term where we're going in terms of those big pictures. So, I'd like to, if I could take one more minute on here just in terms of this. CHR KANUHA: Was that on the amendment? The five minutes are MS. WILLE: Okay, I just CHR KANUHA: I know you went through the amendment already so MS. WILLE: That's fine. So, I tried to address the issues that had been brought up at the last meeting, and I think the rest could be addressed on the main motion. CHR KANUHA: Thank you, Ms. Wille. Council Members, on the amendment, any discussion? Okay. Did you want to say something else about the amendment? We can move on with the vote. All in favor of amending Bill 242, Draft 2, with the contents of Communication 1062.4, say "aye." Vote on Motion to The motion to amend Bill 242, Draft 2, with the contents of Amend: Comm. 1062.4 was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Eoff, Ragan, Paleka, Poindexter, Wille, and Chair Kanuha—8. Noes: Council Member Onishi— 1. Absent: None. Excused: None. CHR KANUHA: Okay, motion passes. Now, onto the main bill, as amended. Ms. Wille. MS. WILLE: Okay. I want to say a lot of this all came out of, back in 2008, the Hawaii 2050 Sustainability Plan. What it's all talking about is a sustainable future, looking at long-term goals and short-term goals, how do we integrate it. It isn't saying the economy is below the environment or social ills, but it's trying to Page 74 Hawaii County Council-53 November 2,2016 get us to be more identified, what are the long-term environmental issues, long- term economic issues, and long-term social issues like whether it's homelessness or sea level rise and what are we doing. Each of the counties is sort of tackling this in some different ways. Honolulu is working on adding a new department of sustainability, different ways. So, what this would do is basically it's saying we're going to report about ourselves. It's like there's an extra report card. And that's one of the things that's stressed: recommendation, issue report cards, measuring our progress; that by looking at our progress, you would improve. So, this would put—what is the burden? It does put it on the Planning Department to coordinate with the other departments and give a report once a year starting in 2018. And then it actually has the back page. The Council gives a report, which would basically fall on whoever's the Chair to the public. Where are we? It's not saying, "Here we are." You've got the different criteria. They're specific. That was one of the things that Mr. Chung said: "Margaret, you've got these other things in here that have no specificity. How do we know these vague concepts?" At least here, whether it's in terms of the General Plan, which is a County document looking at our guidelines, the State sustainability, let's take a look. And just from attending the various programs, I look at what are some of the recommendations that we can do in terms of long-time planning, like for example with sea level rise. There's always a default position, then we're going to default. Puako is going to go under. Alii Drive is under. How do we long-term plan for that? And part of it might be that we create ponds that are mauka. How do we just integrate? So, I'm just trying to add a little more foresight, a little more far thinking in terms of there's nothing here saying what you do. It's a matter of accountability and more self-monitoring and reporting, which is consistent. Let me just say that the Planning Director has said to me, basically, we don't need Charter amendments, we don't need this, we do this anyway. From my experience in watching it, we don't. There are no penalties here. It's just let's have more foresight. So, anyway. CHR KANUHA: Mr. Onishi. MR. ONISHL Thanks, Mr. Chair. I'm hoping everybody got the Communication 1062.1 from our Planning Director. CHR KANUHA: Just real quick, Mr. Onishi. It was actually a mistake on the communication number. So, it's 1062.5. If we can change that to .5. Page 75 Hawaii County Council-53 November 2,2016 MR. ONISHL Okay. So, .5 then. CHR KANUHA: Yeah. MR. ONISHL Okay. But then, did everybody get that? Okay, if you read this letter, he's stating that they're already doing it. And then, we used to have somebody from the Department of Research and Development that used to be doing this and doing a report, but then it came to the Mayor's Office. So, now the Mayor does that. So, he's saying that he doesn't see why the Planning Department has to do that. Right? We have someone there. And then, yesterday, Mayor-Elect Kim mentioned that one of his goals, I guess, or one of his things that he wants to do better this time is to communicate with the Council more than what he did before in the past. So, for new Council Members coming in, I mean, that's your relationship. So, you folks can have the Mayor's Office come in and do this report in front of you folks so the public can know what's going on. But we don't have to create a whole new thing. I mean, I hate to say it, Ms. Wille, you're not going to be here no more. I could see if you were going to still be on board, then okay you can continue to move this forward. But then once, like December 5�h, that's it. Now, depends on who's going to continue to move this on going have that challenge. But what if nobody does that, right? But to me, if you folks really want updates then just request the Mayor to come because there is already something going on. They are doing it, right? So, why, like Director Kanuha is saying too, why are we going to duplicate, right? He's saying that it's already being done. So, I'm hoping that you folks can read this letter and then respect what he's saying. For the members that are going to be here next term, you folks have the choice of asking the Mayor's Office to come. And like I said, Mayor-Elect Kim said that he wants to work more closely with you folks. So, I yield. Thanks. CHR KANUHA: Okay, Council Members, first round. Ms. Wille. MS. WILLE: Just in terms of how this was set up, the mayors attended that and Congress had worked on this. And that's sort of on a State level reporting. So, I'm just trying to get things down to the ground level where we as the Council are looking at it. As far as the Planning Department saying it's not our role, I'm not going to read their mission. It's all about planning, and it's the long-range Planning Department. If they want to keep it simple, they can keep it simple but it is appropriate. When I read through the mission statements and what it is, basically it should be the Planning Department. We have a long-range Planning Department. Page 76 Hawaii County Council-53 November 2,2016 I think that Director Kanuha similarly opposed why do we do the Charter amendment. And as you recall, he sat here and said, "Well, we're not doing this in terms of the General Plan because it isn't required to be done." So, let's look at changing. Anyway, that's what it's all about. It's more, if you all don't appreciate it. I think it's good. It's more self-monitoring, a little more accountability. And it's bringing it down to the Council. We are the policy level, and the Planning Department is the Planning Department. So, it's up to you. CHR KANUHA: Mr. Chung. MR. CHUNG: Thank you, Mr. Chairman. First of all, I wanted to thank Margaret for integrating my concerns into her amendment, but I still have to vote for it as she well knows. I just think this is too much work for the Administration in relation to how much return we're going to get. There might be a different way. It's not a bad idea, but I think there might be a different way of achieving Ms. Wille's goal. But this is a lot of work these guys have to do, and there's well, I'll leave it at that. The return is not great enough to justify the work involved. Thank you. CHR KANUHA: Ms. Eoff MS. EOFF: So, I understand the importance of the conversation of how our progress is moving towards our goal and the Aloha+ Challenge, but I'm not real sure how this would play out or why wouldn't even if we were going to ask for County-level reports similar to a statewide report, why wouldn't it have just been something Research and Development would coordinate? Because, Planning is sort of overwhelmed with work. And it seems almost like something, `cause your vision, I think, is to bring together all the departments and get a monitor of where they're at on the Aloha+ Challenge goal. I don't know what the State report would look like, but maybe there's a difference between what we want to find out about our County as compared to a State report. But I'm just thinking maybe this should have been kept in with the Department of Research and Development. Maybe if you could explain if you had thought about that? MS. WILLE: Can I answer? CHR KANUHA: Sure, Ms. Wille. MS. WILLE: I really did it sort of based on looking at the mission statements and goals of the departments, and it would be in collaboration with Research and Development. But I think the whole General Plan and long-term planning is in Page 77 Hawaii County Council-53 November 2,2016 terms of what the action plans are. So, it would start in 2018. It's not like right away. It's a chance. So, I just did it by if you read who's supposed to do what, this is what made sense. And they can allocate and dedicate who's doing what as they want. MS. EOFF: Another question: When do we expect to start seeing reports from the State level? Do you know? MS. WILLE: I have no idea. MS. EOFF: Oh, we don't know. Oh, okay. It's just MS. WILLE: It was vague. And I think that,just if you start reading this stuff, it's getting more self-monitoring down here on our level. Each of the counties are doingI mean, actually just in terms of this, it's up to the county councils. They talk about being the ones that determine how to do the report card. Okay? So, I sort of feel in a way we're doing right now, this would do exactly what is being provided for or requested in terms of reporting and they call it a report card. Doing report cards and measuring and watching how you're doing is important and has a value. You get a baseline. I don't know. It's an area that I've worked on the public trust. And working on it, I think a lot of examples were given by what some of the other counties are doing, and it makes one more cognizant of what's going on and better planning. I mean, if you just want to take a look at Alii Drive, Alii Drive is going to become a pedestrian way based on just where the sea is. Where we are going? How are we planning these things? I mean, that's just one example. Anyway, it is more conceptual and maybe it doesn't have as much value as it could, but I think long-term thinking; thinking ahead of where you want to go, how you want to get there and not just, "Here we are. What's our next step based on what bumps into us?" MS. EOFF: I'm thinking it has value. I believe that hearing and requiring some type of report on our progress is valuable. I'm just not sure of the process and how to coordinate it, if it needs to be coordinated through the Planning Department. If we don't pass this in this term, I think it would be worth looking at and maybe coordinating it through Research and Development just as an alternative plan for us to stay abreast of our progress. But that's just something I haven't put the energy into figuring it out myself. So, I honor the work that you've done and the purpose. So, I'm kind of a little bit undecided right now of what to do about this. MS. WILLE: Can I answer one thing to that? Page 78 Hawaii County Council-53 November 2,2016 CHR KANUHA: Hold on. I mean, that was just a statement. I want to give it to the rest of the Council before you can—if you can remember what she said. Ms. Poindexter. MS. POINDEXTER: We all know that grants are data driven; reports, all the things that we collect and all of that is. I believe it's in our best interest because, yes, we will spend a little time but I think the rewards for it can be very beneficial to this County. I'd like to see this go through. I want to take into consideration, of course, Council Member Eoff's comments and I think which are valuable. So, I don't know if you're willing to postpone it and kind of work on it and see, but I do—if we have to vote on it, I definitely will support it right now. I don't know, it would be up to you, but I really feel it is in our best interest to spend a little bit more time because of the data that is, I think, would be a benefit to this County. Aloha. CHR KANUHA: Ms. David. MS. DAVID: Yes, thank you, Chair. Likewise having read Planning Director's letter, I do see the value in this, Margaret, and I really want this to succeed because I think it's important. What I'm also having problems with is I don't think it'll succeed if it's in the hands of the Planning Department because they have so many other issues to deal with on a daily basis that something like this might fall through the cracks. I believe this should succeed. So, I'm not really sure because if it stays with the Planning Department, it doesn't seem like they'd be able to accomplish it. And carrying it out is very important to the thought of this. I agree with the thought and the concept, but I also want it to succeed. So, yeah, I'm at that place myself. Thank you. CHR KANUHA: Thank you. Whoever never spoke yet, anybody? Okay, Ms. Wille. MS. WILLE: I think it's all about planning. So if, perhaps, I know if Duane was going to be staying in that position—maybe it doesn't sound realistic, I did make it so that the first report is in 2018 so that there would be time if one needed to adjust this. You'd have two years to make that change, but it would at least get something on track to then make those changes rather than, "Let's figure it all out before we take a step." So again, I'm looking at the other counties' focus with long-term planning. The State level is planning. And that's what it's all about, planning. So, they might say, "Research and Development, you do all the work here, you do all the work there. We're putting it together." But it is long-term planning. It does that. So, in terms of concept and how we're organized, that's what makes sense. But if next term you don't think that it does and you see who's in there and Page 79 Hawaii County Council-53 November 2,2016 you talk to Mayor Kim and you talk to them and you want—I mean, John De Fries has been one of the leaders in this area and he somehow stays in place and it makes more sense, you've got two years to change it over or make whatever changes. So, I didn't make it to start within the next year. So, that's my way I went through thinking about it. It just gets our County taking it a step in this direction. CHR KANUHA: Okay, thank you, Ms. Wille. Any other discussion before I ask for the vote? Just real quickly, personally for me I don't know if I could support it right now but I do think that we could keep it on track. I don't think this is a bad position to be in with this ordinance. I think that's the direction we want to go. I don't know if this is actually the method. So, I'll just say that. Mr. Clerk, if we can do a roll call. Vote on Bill 242: The motion to pass Bill 242, Draft 2, as amended to Draft 3 Draft 3, on first reading and adopt Agriculture, Water and Failed Energy Sustainability Committee Report No. 6 failed by the following roll call vote: Ayes: Council Members David, Eoff, Poindexter, and Wille—4. Noes: Council Members Chung, Ragan, Onishi, Paleka, and Chair Kanuha—5. Absent: None. Excused: None. (Note: Ms. David voted "kanalua" then "aye.") CHR KANUHA: Motion doesn't pass. Okay, motion doesn't pass. Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following item was taken out of order: 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 First Reading: October 18, 2016 Page 80 Hawaii County Council-53 November 2,2016 Motion to Approve: Mr. Onishi moved to pass Bill 241 on second and final reading. Seconded by Mr. Paleka. CHR KANUHA: Mr. Onishi. MR. ONISHL We had a lot of discussion on this already, so I don't think we need to. But it would be like the Chair mentioned, that we have Mr. Matsui out in the audience. So, if anybody has any questions. Thank you. CHR KANUHA: Thank you. Mr. Paleka. MR. PALEKA: Mr. Matsui, if you could come up, please. (Note: At this time, Fireworks Auditor Michael Matsui, Fire Department, came forward to address the members of the Council.) MR. PALEKA: We had a little bit of conversation today and was hoping for the passage of this item. Any opposition from our pyrotechnic providers regarding this measure? MR. MATSUI: No. We had no notification or nothing, no answer. MR. PALEKA: Okay. So, it seems like they can pretty much live with it. MR. MATSUI: Yeah. MR. PALEKA: Thank you, Mr. Matsui. MR. MATSUI: You're welcome. CHR KANUHA: Any other discussion, Council Members? Okay, 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 second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Page 81 Hawaii County Council-53 November 2,2016 MR. MATSUI: Thank you very much. CHR KANUHA: Thank you. Return to Order The Chair directed the Council to return to the order of business. of Business: Bill 246: NAMES THE NORTH KOHALA COURTHOUSE AND AMENDS CHAPTER 15, ARTICLE 8, SECTION 15-68.1 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE PARKS AND RECREATION FACILITY SCHEDULE Names the former North Kohala Courthouse Building in Kapa`au to "Hale Kealoha `o Kohala," and adds it to the Parks and Recreation facility schedule. Reference: Comm. 1086 Intr. by: Ms. Wille Approve: PWPRC-52 Motion to Approve: Ms. Wille moved to pass Bill 246 on first reading and adopt Public Works and Parks and Recreation Committee Report No. 52. Seconded by Ms. Poindexter. CHR KANUHA: Ms. Wille—your microphone. MS. WILLE: I'm going to move to postpone this. I did bring this up and meet with the seniors in June. In fact, the people who proposed it were present at that time. I did, in two articles in the paper in July and in September on this, but things tend to happen at the 1 Ph hour, 59�h minute and things come out. As I've said, I did not dot all the "i"s. I did meet with the seniors. I didn't have a big community meeting. I don't have time to do all that, and I'd rather allow for more discussion. So, I'm actually going to be doing this on both of these. So, I'm going to move to postpone. CHR KANUHA: Till when? MS. WILLE: December 15'h or December 21" or whatever that next CHR KANUHA: I don't know when that's going to—if we could just maybe postpone to the call of the chair? MS. WILLE: Okay, let's do that. CHR KANUHA: Yeah. Page 82 Hawaii County Council-53 November 2,2016 MS. WILLE: Then that leaves it open. Okay, thank you. Motion to Postpone: Ms. Wille moved to postpone Bill 246 to the call of the Chair. Seconded by Mr. Paleka. CHR KANUHA: Discussion on the postponement? Just for me, mahalo, Ms. Wille, forI feel better. Okay, all in favor of the motion to postpone say Ic aye. Vote on Motion to The motion to postpone Bill 246 to the call of the Chair Postpone: 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: Motion passes. Bill 247: NAMES THE BANK OF HAWAII BUILDING AND AMENDS CHAPTER 15, ARTICLE 8, SECTION 15-68.1 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE PARKS AND RECREATION FACILITY SCHEDULE Names the former North Kohala Bank of Hawaii Building in Kapa`au to "Ka Hale o Na kupuna i Kohala," and adds it to the Parks and Recreation facility schedule. Reference: Comm. 1087 Intr. by: Ms. Wille Approve: PWPRC-53 Motion to Approve: Ms. Wille moved to pass Bill 247 on first reading and adopt Public Works and Parks and Recreation Committee Report No. 53. Seconded by Mr. Paleka. CHR KANUHA: Ms. Wille. MS. WILLE: Again on each of these, I guess they had a lot of people give support, but right now it's like once there's disagreement the seniors don't want to come out and be disagreeing. This was the Bank of Hawaii building that the Bank of Hawaii gave to the kupuna. I mean, it was a very big thing. And Bank Page 83 Hawaii County Council-53 November 2,2016 of Hawaii was not going to be giving this building up. It wasn't like to Parks and Rec. It was to them. And others worked very hard on that. So, I'm just saying there's support. I met with Clayton and he said, "I am good with these." But again, I want to move to postpone with whatever meeting seems appropriate. So, motion to postpone to the call of the Chair. Vote on Motion to Ms. Wille moved to postpone Bill 247 to the call of the Postpone: Chair. Seconded by Ms. David 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: Motion passes. Next item. Bill 249: 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 Airport Task Force account ($53,259); and appropriates the same to the Hawaii Airport Task Force account. Funds would be used to reimburse the department for overtime costs incurred by staff to disrupt the flow of illicit drug trafficking into Hawaii. Reference: Comm. 1132 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to pass Bill 249 on first reading. Seconded by Ms. David. CHR KANUHA: Ms. Eoff. MS. EOFF: This one is the companion to Resolution 700, which we approved already, the grant to reimburse the Police Department. CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Page 84 Hawaii County Council-53 November 2,2016 Vote on Bill 249: The motion to pass Bill 249 on first reading was carried by (Approved) 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: Motion passes. Next item. Bill 250: 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 —United States Secret Service account ($10,000); and appropriates the same to the United States Secret Service account. Funds would be used to reimburse the Police Department for overtime, travel, fuel, equipment, and other costs incurred by staff for joint operations with the United States Department of Treasury, which includes protection of government officials, preventing counterfeiting of U.S. currency, and securing U.S. banking and finance infrastructure. Reference: Comm. 1133 Intr. by: Ms. Eoff Waived: FC Motion to Approve: Ms. Eoff moved to pass Bill 250 on first reading. Seconded by Ms. David. CHR KANUHA: Ms. Eoff. MS. EOFF: This one is the enabling ordinance for Resolution 701, which we discussed earlier. CHR KANUHA: Okay, any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Page 85 Hawaii County Council-53 November 2,2016 Vote on Bill 250: The motion to pass Bill 250 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, Wille, and Chair Kanuha—9. Noes: None. Absent: None. Excused: None. CHR KANUHA: Motion passes. Next item. Bill 254: AMENDS CHAPTER 2, ARTICLE 3 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY ADDING A NEW SECTION RELATING TO APPOINTMENT OF PERSONNEL TO THE OFFICE OF THE CORPORATION COUNSEL Provides that the Corporation Counsel may appoint or discharge Deputy Corporation Counsels when so approved by the Mayor and then the County Council, and further provides that Deputy Corporation Counsels shall serve until they resign or retire, or are discharged by the Corporation Counsel, as approved by the Mayor and then the County Council. Reference: Comm. 1142 Intr. by: Mr. Chung Waived: GREDC (Note: Comm. 1142.1, from Council Member Aaron S. Y. Chung dated November 1, 2016, transmitting proposed amendments to Bill 254, was circulated.) Motion to Approve: Mr. Chung moved to pass Bill 254 on first reading. Seconded by Ms. David. CHR KANUHA: Mr. Chung. MR. CHUNG: This bill is intended to give the Council a little bit more say in the appointments and the removals of deputy corporation counsels. Right now, it's really at the call of the head, the Corporation Counsel. But I can't find anything in either the Charter or the Code which specifically gives the Corporation Counsel the authority to appoint and/or remove deputies, although it's kind of axiomatic you would say because that person is the boss. But this one provides more specificity. I'm sorry, before I do that I'd like to make a motion to amend Bill 254 with the contents of Communication 1142.1, if I may. Page 86 Hawaii County Council-53 November 2,2016 Motion to Amend: Mr. Chung moved to amend Bill 254 with the contents of Comm. 1142.1. Seconded by Ms. David. CHR KANUHA: Mr. Chung. MR. CHUNG: Thank you. Let me explain. I told you what the purpose of Bill 254 was. I overlooked a provision in the County Charter, which stated that deputies would serve co-terminus with the Mayor, okay. I had only looked at the provisions relating to the Corporation Counsel which would be appointed by the Mayor, confirmed by the Council, as well as the Assistant Corporation Counsel, which is the No. 2 person who would be appointed by the Corporation Counsel. But there's a provision further down in the Charter that states that the Corporation Counsel, assistant, and deputies will be in co-terminus with the Mayor. So, that created a perplexing problem and was brought to my attention by our legislative staff And I really wanted to thank them in that regard. So, I worked with our Deputy County Clerk Jon Henricks, as well as Leslie Chow from our legislative office, and we came up with what we have now. It basically rewritesthere's some minor wording changes in Subsection (a), but basically the main changes are in Subsection (b). And it references Charter Section 6-5.6. So pursuant to that section, the term of office of the Assistant Corporation Counsel and any Deputy Corporation Counsel—'cause I wanted to point out one more thing: The Corporation Counsel, by Charter, can hold over until another Corporation Counsel is appointed and confirmed. And any Deputy Corporation Counsel shall be co-terminus with that of the Mayor. So, it acknowledges that but it kind of mirrors the Charter with regard to the assistant. Where a successor has not been appointed, the Assistant Corporation Counsel shall continue in office until such time that a successor has been duly appointed. So, it's almost the same footing as the Corporation Counsel and also as it relates to deputies: "Where a successor has not been appointed and confirmed pursuant to Subsection (a),"relating to removal or appointment, "a Deputy Corporation Counsel shall continue in office until such time that a successor has been duly appointed, approved by the Mayor, and confirmed by the Council." This is a close call whether it's in violation of the Charter, but I argue that it is not inconsistent. And I think a plausible argument could be made in that regard. I'm hoping that I can get your support on this. Now, I may as well talk about the underlying purpose behind this. I can talk about it within the context of this amendment. One thing I really admire about this Council, we've always tried to seek the truth, we've always just told the truth. Right? There's nothing that we hide behind the scene. So, I'm just going to tell Page 87 Hawaii County Council-53 November 2,2016 the truth. Mayor Kim's appointee as the Corporation Counsel, Joe Kamelamela, for better or for worse, has been making calls to several of the deputies and telling them that they're not going to be retained. Now, I believe that's somewhat presumptuous. Okay? Because that person isn't even in office yet. Under the old setup, yeah, once they get confirmed, they can do whatever they want. I think it's—we're dealing with lives here. Okay? We always say that, right? We're dealing with lives. We're dealing with livelihoods and people's ability to earn a living. I would think—let me backtrack. Hopefully whoever's the Chair, who's the Chair here? Oh, we're in Council, right? Mr. Chairman, give me some leeway on this thing. One of the themes of all of the bills that I've introduced or supported here at the Council was, if you recall, to give more power back to the Council vis-a-vis the Mayor. `Cause I stated, when the voters of this County voted in favor of single-member districts and two-year terms, it further weakened the County Council, which was intended by the framers of the Charter to be—it was intended to have a strong Mayor/weak Council setup, but we got even weaker. So, this just enables us to have a little bit more say in things. Bear in mind that the Corporation Counsel and the deputies and the assistant serve not only the Mayor; they serve the Council. And I have to admit it's kind of ironic when Joe Kamelamela, I think they used the word in the newspaper, unexpectedly retired from the Corporation Counsel's Office. I think we all know what happened over there. I felt kind of sympathetic for the guy. You would think that when he had the opportunity to come back, he would have some empathy towards those people who he's now putting at risk. Two other people were let go during the course of my time here, and I just felt helpless. There was nothing I could say, no input. And these were people who I felt inI'm not saying the removals or dismissals were wrong. I'm not criticizing that. There may have been a perfectly good reason for all of this, but I'm just saying that I felt very helpless. Now, when we vote in favor of the Corporation Counsel, when we vote to confirm that person, we cannot remove that person. That person is in for four years unless action is taken by the Mayor to remove that person. There's no probationary period, no nothing. So, we're basically trusting this person, whoever he or she may be, to do a good job and to serve both the Mayor and the Council in an evenhanded fashion. Once we give that person the okay, which we normally do, that person can do whatever they want under the current setup. I just wanted us to have a little bit more say in that and in the deputies. When you think about it, if we have trust in a Corporation Counsel after that person is confirmed, if they came and explained to us in executive session why it Page 88 Hawaii County Council-53 November 2,2016 was important for the overall makeup of that office and the interest of the County to have someone removed, if we trusted that person we would say, "Okay." Even if it might go against our personal feelings, we'd probably defer to that person. But at least give us an opportunity to weigh in. That's all I'm asking for in this. The all-important question is going to be whether all of you believe, well, you might not think that this is a good idea to begin with, but the real—to me, the question is whether this is consistent or inconsistent with the County Charter. I make the argument that it is consistent or is not violative. Others may have a different opinion, but I still stand by it. Thank you. CHR KANUHA: Thank you. Ms. Poindexter. MS. POINDEXTER: Yeah, when I heard all that happening, I was a little bothered by that. Whether it was a common practice or protocol that was used prior, for me professional ethics came into play. Because, when I put on my HR (Human Resources) hat and I think, "Wow, if Hamakua Health Center had hired me and said, `Val, we're going to hire you.' I got the offer letter and the offer letter says, `Your start date is December the I`.' I got an offer letter, but I still didn't start but I would call that department and tell some of the people in that department, `By the way, as soon as I get there, you guys have got to look for another job because I'm not going to keep you guys before I'm even hired." I'm struggling with that and the judgment used in that. I'm very bothered by it because I'm looking into other things. This is a person, or that position is a position that we have to rely on as Council. A person that is supposed to protect us and have our best interest at heart and know the difference between what their position is and what their position is not. If it's going into communities, meeting with communities, or coming into my community, say a meeting with my community and causing a disruption or whatever. Is that their role, it's not their role? I mean, I'm justI'm very bothered by what's happening. I'm very concerned. Because, like Council Member Chung said, this is four years. We don't know what's going to come up in four years and what position we're going to be put in when it comes to the liability and the best interest. So, our thing is we've got to vote on what is in the best interest of our public. Because if anything comes before us and that's a liability and we don't have good judgement, that's coming out of the pockets of our taxpayers. I'm concerned. I don't know. I want to listen to everything first. I don't know what I'm deciding at this point, but I just need to say that I definitely am concerned. Thank you. CHR KANUHA: Thank you. Before we continue with the discussion, we have to change tapes. So, we'll take a brief recess and then we can continue on. Okay, we're in recess. Page 89 Hawaii County Council-53 November 2,2016 Recess: At 4:12 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 4:15 p.m. CHR KANUHA: Okay, we are now back out of recess and moving on with discussion. I think next we had Mr. Paleka. MR. PALEKA: Okay. This brings up a very interesting point because, for me, it comes down to duty. And this is not to say any reflection on our present Corporation Counsel. I think that they've done a fabulous job. But in terms of duties and functions of that office and because they represent the wide range of County officers, Council, and the Mayor's Office itself, that's a hard job. A very difficult job that I've got to say they've done pretty well. However, the expectation of that representation falls on the individuals, perhaps, that may come into play or the officers or the sections that are being represented. Now, in the regular process of our judicial system, that representation is guaranteed you. Right? That you're supposed to be satisfied. Take, for instance, criminal cases. A criminal case, the judge can appoint an attorney to represent an individual. If that individual is not satisfied, they have the power to dismiss that misrepresentation. I think that same guarantee and power should be afforded anyone who has representation. And I would defer to our colleagues who are representatives of such and who exercise those functions. That is an important part in their oath. So, being that there are duties expected of the office to this body, I think it only makes sense. And I think it really is supposed to be guaranteed under the Constitution. So, that's just my mana`o. Mahalo. CHR KANUHA: Thank you, Mr. Paleka. Council Members, still on the amendment. Any discussion? Ms. David. MS. DAVID: Yes, I do have just a few questions. I think I understand what you're doing. And the Corporation Counsel, at this point, appointed by the Mayor, confirmed by the Council. So, you're extending that to the deputies, the confirmation? Can I ask Mr. Chung that question, Chair? CHR KANUHA: Sure. MS. DAVID: So, that's being extended? MR. CHUNG: Yeah. MS. DAVID: Okay. So, what I'm looking at and I'm having difficulties with, I mean I like the idea that because they represent not only the Administration but Page 90 Hawaii County Council-53 November 2,2016 Corporation Counsel does represent our body as well, and in my simple train of thought I'm trying to see whether the role of deputies is equivalent to our legislative branch, Council Members and our appointed staff Would that then be—including the deputies, would that be going into an area of an organization's privilege to have staff people? Like our privilege of appointing our own staff? I'm not sure if I'm explaining this. That's what my question is, if we're going that far below the Corp. Counsel and assistant to the deputies. Does that level fall under our jurisdiction and not become a personnel type of thing within the department? That's my question. So, I'm having a, yeah CHR KANUHA: Was that a question to Mr. Chung? MS. DAVID: Yeah. And I think if CHR KANUHA: Mr. Chung, go right ahead. MR. CHUNG: Well, the difference, in my opinion, is that your staff serves you. Your staff doesn't serve me. I mean, we've got to work together, right? The County attorneys represent everyone, not only the Mayor and Council but even employees of the County to a certain extent. So, therein lies a big difference. I'm not saying that this is a perfect bill, okay. And I'll tell you this: I could amend this if Molly would tell us that she's going to reappoint everybody on the date that the Mayor is, the moment that he takes office, inaugurated, right. If she says she's going to reappoint everybody then we're going to have no problem with the Charter. I would change this. I'm basically trying to protect people's livelihoods. MS. DAVID: Right, I agree. MR. CHUNG: I mean, I call a spade a spade. I'm not making anyI'm not trying to say something that doesn't comport with my intent. That's what it's all about. Right? MS. DAVID: I totally agree with you, Mr. Chung, because I think there's a certain way that, no matter what, we as professional representatives should behave in a professional and courteous manner regardless, no? I understand what you're saying. And my only question was does our authority go that far? I think I can accept your argument that all the deputies of Corporation Counsel represent our body as well. So, I can see what you're doing, and I really—and I'm not the one to say that we're overstepping our boundaries but you sure make a Page 91 Hawaii County Council-53 November 2,2016 good argument that it should extend down to that level. I was hoping that we could have some type of comments from someone else besides us. I don't know if Corp. Counsel, Molly? CHR KANUHA: Ms. Stebbins. (Note: At this time, Corporation Counsel Molly Stebbins came forward to address the members of the Council.) MS. STEBBINS: Good afternoon. Molly Stebbins, Corporation Counsel. MS. DAVID: Thank you, Molly. You've heard the discussion. What are your thoughts? I know it's a difficult thing to talk about right now, but I'm just—you know what my concerns are. MS. STEBBINS: Okay, I guess I would first say that as far as the intent to offer more protection to the deputies, more job security protection against being arbitrarily removed, I think that the intent of this is good. From a management standpoint, it does take significant control and discretion away from the Corporation Counsel, and I'm not sure that's a good thing. Currently, the Council has the authority to weigh in on the Corporation Counsel, the department head's appointment. And I think if there's questions about the soundness of the decisions that person may be making, questions as to their judgments, then that should be addressed at that time and with that appointment process. But again, I'm very supportive of the idea of the deputies having a greater level of job security. On one hand, they're appointed and the nature of that is that there's changes from administration to administration. But on the other hand, and this was brought up by some testimony earlier, there's a lot of value in experience and continuity and these are folks, and certainly the deputies currently in my office they all work tremendously hard and have dedicated a lot to their job and I think that should be recognized. And to be removed without or to be told that they won't be retained without giving any reason I think is really unfair and unfortunate. So, I appreciate the effort to try to address that situation. As far as Mr. Chung mentioned, reappointments come December 5�h. So, I think you guys are all aware there's a carryover provision. So, the current Corporation Counsel carries over until the successor is appointed and confirmed. They have to be confirmed by the Council. In the interim time, the existing Corporation Counsel carries over. So, it is my intention to reappoint all the deputies on December 5h when the current term expires; however, I can't speak to, with the looming uncertainty what some of them may choose to do, may need to do for the sake of their families in the meantime. And I also have a question about whether Page 92 Hawaii County Council-53 November 2,2016 myI won't get into that. But, I can carryover until the successor is confirmed but not to exceed 90 days. So, perhaps it could be argued my appointment authority is only for 90 days, but I don't have a clear answer to that question. But as it stands now, the Charter currently addresses that I carryover for 90 days. I'm not going to just be in the office by myself So, all the staff that I rely on so much would be reappointed on December 5�h. MS. DAVID: Well, thank you for that because I think it gives me a better idea of how this could be something that's good in a systemic way so that, within that period, there's a time for a changeover and not a premature decision making prior to confirmation or that sort of thing. So, yeah, I can see the good intentions in this and especially the comments from the prosecutor, I forgot his name, when he came in here. He said to do one for the Prosecutor's Office too because you're talking about people that have historical knowledge. They have a good relationship and stuff But I do also respect the fact that, under a new regime, they have a certain privilege to get people who they MS. STEBBINS: Yeah. I think that being protected against arbitrary employment actions is important. Maybe there's another way to approach that. But I do think that personnel decisions, it's important for the department head to be able to make those, to have the ability to make those on their own. MS. DAVID: And be allowed the opportunity to wait till the end of, say, the term and then that makes sense. I didn't know about the 90-day transition provision. That makes sense, and that, to me, would be an orderly manner that this would probably fit in with. Anyway, my thoughts. Thank you, Mr. Chung, for trying to bring some clarity to this issue and save our hardworking people some personal angst during this kind of time. Anyway, I'll yield and thank you, Ms. Stebbins, for your comments. CHR KANUHA: Ms. Eoff. MS. EOFF: Thank you. So, my question would be the scenario that you just explained would really only guarantee the people who are currently serving an additional little while, right? Because once the new Corporation Counsel is confirmed, they have the right or duty to appoint their new people. If they choose to reappoint everybody, that's still their prerogative, right? MS. STEBBINS: That's correct. MS. EOFF: I mean, even with Mr. Chung's legislation, it seems like the only thing that would change would be the Council's ability to weigh in. Or maybe I'm missing something? Page 93 Hawaii County Council-53 November 2,2016 MS. STEBBINS: When the new Corporation Counsel takes office, they would, as our laws currently stand, have the ability to remove the deputies and reappoint new ones. This legislation would add in the additional step of having to get Mayor and Council approval. MS. EOFF: Before removing anybody. So, would that take place during that 90 days, then? MS. STEBBINS: What do you mean? MS. EOFF: I'll just use the situation today, right? So, you're Corporation Counsel. We've been told a new appointment will happen, but that will take a while to come before the Council for actual confirmation. So in the interim, you will still be serving as Corporation Counsel for the County. Right? That might be for MS. STEBBINS: Correct, absent being removed, which would also have to come to Council for their approval. So, yes. MS. EOFF: The Council couldn't remove one before having a new one, I mean MS. STEBBINS: Right. MS. EOFF: There's going to be some kind of a transitioning time, right? What I'm wondering is ifI don't know when this goes into effect if we were to pass something like this. I don't know what would happen in this current upcoming December. I don't know how soon a new Corporation Counsel would be confirmed, but at that point, he or she, but to say he, would then have the privilege to appoint new deputies. MS. STEBBINS: Correct. MS. EOFF: And then if this legislation were in effect, the Council would have to also confirm those but first we would have to vote to remove the existing ones? MS. STEBBINS: I believe that's how this would work, yes. MS. EOFF: To me, if there's a mission to change the department at any time during an election cycle, it's still going to happen. It's just going to take place through a different process, right? Maybe I don't know if it's more transparent or just gives the Council a chance to agree to not remove existing people from their job. I guess that's what would happen, right? So, I don't know, does that violate the Charter? I was trying to look and see where it would. Or would we have to change the Charter to be able to do this? I don't know where Mr. Chung was concerned that there might be an issue. Page 94 Hawaii County Council-53 November 2,2016 MS. STEBBINS: I think the question is whether the additional language in Subsection (b), if that conflicts with the Charter language that currently states that the deputies shall be co-terminus with the Mayor. The Charter only goes on to provide for the carryover for the Corporation Counsel. I agree it's probably an issue that you could make arguments either way, but I think there's a good viable argument that this just expands on the language in the Charter without conflicting with it because, if you think about it, what does, well, we only deal with this every four years, but what does tend to happen is that with the carryover, with the Corporation Counsel carrying over, they do reappoint the assistant and the deputies at least for an interim period because they're not going to be serving in the office by themselves. It seems like this bill sort of spells out that, that carryover also applies to the deputies and the assistant. MS. EOFF: So historically, I don't know how that's been when, I wasn't really that aware, I guess, when new mayors come in. Would some people carryover and then maybe go through a period of time where they would get reappointed rather than just replaced? Or was the replacements done more staggered? Or oftentimes there's a complete turnover. MS. STEBBINS: I think that it is unusual for there to be an immediate major turnover. But we also had the same Corporation Counsel for 12 years. MS. EOFF: That's right. Yeah. MS. STEBBINS: So, yeah. MS. EOFF: That's right. Okay, thank you. I'm just wondering if all this would really serve to do would be to give us more say-so in the process but could eventually lead to the same people losing their jobs. MS. STEBBINS: Yeah, I think that's true. It gives the Council a say in the process. How that approval authority is used would remain to be seen. MS. EOFF: And was that one place where you did state that there might be an issue for more thought was because whoever is serving in the lead role, I don't know how much conflict there would be between that person and the Council's vision for the office. Somebody's got to be MS. STEBBINS: Right. I mean, I'll repeat that. I think it's important that when you, in approving the nomination or confirming a department head, you want to be doing so with the trust that they're going to be making proper decisions and give them the discretion to do that rather than kind of micromanaging personnel actions. Page 95 Hawaii County Council-53 November 2,2016 MS. EOFF: Okay, thanks. CHR KANUHA: Ms. Wille. MS. WILLE: I haven't fully gotten my arms around this, so let me just say that. But I do feel that this would be better as a Charter amendment. It does change the Charter. I think if I was ruling on this, I would rule against it. I mean, the Charter says this is the scope and it's co-terminus and then we're saying, "provided that." We're basically limiting it. So, I'm going to give it some more thought, but I just want to say if it came before me that's how I would vote, right,just off the top of my head. I also want to say with regard to Joe Kamehameha, and I haven't talked to him CHR KANUHA: Kamelamela. MS. WILLE: Mela, whatever, Kamelamela, is that he may be doing this as a courtesy, trying to give a heads up. I think if it was me and I was coming into that and I knew that I wasn't going to be retaining somebody and I wanted to give them as much timeagain, I'm not saying but I just want to also, I could see myself possibly doing that especially where they have a family. I mean, I was really upset when Kathy Garson and Craig, two of my favorite people—Molly, I asked her why. I couldn't get an answer why. To me, it's sort of they weren't inadequate. They were my two favorites. So, it's a little hard. And I don't know whether it's Joe or is it Mayor Kim. And I think what Molly's saying in terms of personnel, we are again somehow an HR position. If someone said, "I want to have the right to decide whether your legislative aide can come before me," I think in a sense my assumption is that it's probably whoever he's asked to move is sort of a political thing. This is the `Billy people" orI'm not saying it's right. I just want to be upfront with how I analyzed it and that I want people that I can work with and whatever's happened in the past. Again, I have a little trouble with that HR rule. At the same time I think, in terms of who's going to be Corporation Counsel, I feel that this group should weigh in. If you don't like how somebody's making the decisions right now, ask him and find out, and maybe you don't want to confirm him. Not who he wants to have working, who his deputies are. So, those are just my thoughts. Again, I think if you were proposing this as a Charter amendment, I think it could go forward. And like I said, I'm just glancing at it right now but here we are, here's what the Charter says and then we're saying you can do what the Charter says provided that and then you change it. I've Page 96 Hawaii County Council-53 November 2,2016 written a lot of briefs that way to get around things. How do you work around something, and legislation you want to change it. Anyway, I don't want to go on, but I don't feel I can even vote on it. I need to look this over. I like having power for us in policy. If I've had a lot of trouble and things with whoever is Corporation Counsel `cause I don't feel that they represent the Mayor and us equally, but it's really with the department who I'm—not Molly personally, but like Lincoln Ashida, you're in their cabinet, you're in their personnel. But as far as those under themanyway, those are my thoughts, Aaron,just what I'm struggling with. CHR KANUHA: Mr. Chung. MR. CHUNG: So, Margaret is exacting her revenge on me, right? I'm joking. Molly, I thank you very much because actually the way Molly set the different sides of the equation up were exactly how I looked at it. This is not a perfect bill. You know what the intent is. But there are some issues, really. I'm putting myself in her place. What if I were a Corporation Counsel? I'd like to be able to move people at my will. But at the same time, as I said it's not perfect. How many deputies have you got? Deputy positions? MS. STEBBINS: Fifteen. MR. CHUNG: Okay. That's 15 exempt positions, right, from a personnel position that we confirm and only one correct. So, what other department head has that kind of authority over exempt positions? Not many if any. Maybe Housing; it's the only one I can think of. But nowhere else do you have that. So, what's wrong with us having a little bit control over this thing? But it really comes down to how you guys look at it, right? But one thing that was very important that Molly said, and incidentally I did say this in confidence to somebody else when I talked about this bill. I said, "If Molly, like, demoted herself to deputy, too, before this thing takes effect, hey, that's fine too." She'll be afforded that protection too. But she said that she intends, as soon as the new Mayor comes in, because this is what causes the problem, the co-terminus issue with the Mayor. But if she is going to reappoint everyone as of the date of the inauguration, I'm going to withdraw this amendment and just use what we have in Bill 254. It's not perfect, but it has to be read in such a way that it's going to be in compliance with the Charter. So, within that mayoral term, these things come into play. Okay? And you would think that, well, it might be a little bit different, but, well, I don't want to look far into the future, already. But right now, that's all I'm looking at. I don't think it's going to cause a dysfunctional situation. Anything that is Page 97 Hawaii County Council-53 November 2,2016 considered violate of the County Charter is going to be severed anyway from this. But I look at this bare bones Bill 254, and I don't think anything would violate the County Charter. So, I want to make a motion to withdraw my CHR KANUHA: You can just withdraw it. MR. CHUNG: Okay, it's withdrawn. Withdraw Motion Mr. Chung withdrew his motion to amend Bill 254 with the to Amend: contents of Comm. 1142.1. CHR KANUHA: Okay, we're now on the main motion. Mr. Chung. MR. CHUNG: There's a lot of good people who are at stake here. From what I hear, they've been treated very rudely. I think you guys have heard that too. It's not like how Ms. Wille is saying, "We're giving you guys time." If and when we appoint or confirm that Corporation Counsel, we're trusting that person to do a good job. "No probationary period," I stated. I've never seen a Corporation Counsel go into an office and say, "Okay, all you guys are gone." Never did. And I've seen this for a long time under Carpenter, Yamashiro, I mean, well, Lorraine. I've seen a lot of mayors, administrations. I've never seen that happen. They always give the deputies a chance to prove themselves. Why can't they do that? So, is this a reaction to what's going on right now? Yeah, damn—hell, yeah. But at the same time, it does afford us a little bit more of a chance to weigh in to these matters as well. Yeah? And I wanted to make one more comment, too. Jack Matsukawa came up here. He asked if the deputy prosecuting attorneys could be afforded that same protection. Maybe we can think of something, but it's a slightly different situation. They are under an elected official. Corporation Counsel and the deputies and the assistant serve us and the Mayor and others. Different situation. But just use your best judgment on this thing. But I would urge you guys to give it serious thought, and I would further urge you guys to support it. One more thing, too, because it's highly likely or there is a good chance that if this goes into the next Administration, it's going to get vetoed. Okay? So, we've got to have all of those things in the back of our mind. I don't think it's a bad setup actually, though. It gives less power to the Administration and to the Corporation Counsel, but in all things told, it's not a bad arrangement. Thank you. CHR KANUHA: Mr. Onishi. Page 98 Hawaii County Council-53 November 2,2016 MR. ONISHL Thank you, Mr. Chair. I wanted to go before Mr. Chung because when Margaret said, "I cannot just,"what you said about ingesting this thing? Now you know how we feel when you bring in all these kinds of amendments every time. Right, guys? Every time it's like, "What? What are these five pages of amendments, and we've got to decide now?" But now you know how we feel. MS. WILLE: I'm not going to amend this. MR. ONISHL Okay, but at least now you know how we feel. So, I have to say that. After what she said, I was like, okay, I was laughing inside. Yeah. The only other, I think, agency or department is Housing. I haven't really heard when a new housing director comes in, the elimination or, I guess, letting go of workers is not really high. Sometimes, I don't think they even let go of anyone. Because, you know why? They're all doing their jobs already, and to bring in someone new to learn that position is very hard. I mean, you've got guys in there with like 5, 10, 15 years of experience, right. So, how are you going to replace somebody with 15 years of experience? But then all I want to say, `cause I'm not going to be able to make any decisions when come the new term, but it gives you guys more power. To me, if you guys can get more power, it's good for you guys. Right? Because basically, you try think about it when we—once we finish the budget because the budget is basically our only time when we control really everything, right? And then once we pass the budget, then basically all we're doing is setting legislation. Like we going improve, like maybe or approving the stop signs or changing of names of facilities. I mean, we do those things, but other than that, that's it. We don't control the executive branch, right? So like I say, with this at least you folks have a little bit more power. I mean, think about it. Thank you. CHR KANUHA: Thank you. Ms. Poindexter. MS. POINDEXTER: Yeah, I'm still struggling with this, but Margaret gave me a little bit of clarity on stuff Because, I remember when something came before us on having the directors come before us again with a report or a report card that we would evaluate them or whatever, and I agreed that we are not an acting HR body. So, I do agree with you, Margaret, on that. And I think you also said that it's so important, when the directors come before us, how much do we trust that they will be able to do what they're appointed to do within their own departments. So, I'm really struggling with this. I would love to, I mean, the ultimate thing would be probably all civil service positions. Because you look at these positions, every four years they may come and go, and you're talking about the protection for the County of Hawaii, the people. Protecting the liability and the best interest of our people. Corporation Counsel is so different from just any other Planning Page 99 Hawaii County Council-53 November 2,2016 Department, DPW (Department of Public Works), and that. This is a legal department that can make or break the bank for the people. So, I'm still not sure what to vote on this but, yeah. So, I'll yield at this time. CHR KANUHA: Any other discussion? Ms. Wille? MS. WILLE: I'm not going to support it. I think that when—Kathy Garson was kicked out, as far as I'm concerned, and Craig. And I just think that all of these things are, if it didn't work for Molly to have people that she feels she can work with and deputies—anyway, I'm not going to support it. I just think it's probably they're trying to alert those that they don't, whether it's Mayor Kim or Joe, that they don't feel that they can work with for whatever reason. I mean, if you, two out of 15. Anyway. CHR KANUHA: Mr. Eagan. MR. ILAGAN: Thank you, Mr. Chairman. I've been thinking about this, and this new Council is going to have an opportunity to confirm the new Corporation Counsel. And the deputy is the subject matter that we're talking about. Right now, I would vote"yes" in allowing that extra authority from the Council even though it's not absolute in the sense of once a Corporation Counsel that you do deem appropriate for that position, I'm guessing that you do trust that person enough to make the proper appointments. But before that happens, there shouldn't be any changes before that. As you have already seen what is happening, you have seen a different side of this person's character. And whether or not that's the values you want in a Corporation Counsel, ultimately it's going to be decided on by the new Council. I'd rather not see anything happen before then. And if this bill determines safety of the current deputies that are in place before any confirmation happens then I'm more than glad to support this bill in that position. But if this bill is to really decide who the deputies are and you're micromanaging Corporation Counsel, I don't think this is what it is. I believe ultimately you are going to confirm the new Corporation Counsel, and the reason why you confirm that Corporation Counsel is because you trust that individual to make the appointment that's necessary. And ultimately it's going to be that decision. But for now, I'd rather safeguard the current individuals and the deputies in place. To do that, if we need to pass this, I would support it fully. That's where I stand. Thank you. CHR KANUHA: Thank you. Any more discussion? Are you guys ready to vote? Well, I mean, for me I guess maybe I'll make the last point then we can just vote on it. I'll be supporting this. If we learn more between now and the next meeting about what the ramifications are, I'm fine with that. It's still going to Page 100 Hawaii County Council-53 November 2,2016 have to go through another reading if it does pass today. I don't know if it is; I can't tell that. But I think it does give the Council a little more say in what goes on with the deputies of the Corporation Counsel. The Corp. Counsel represents, like, we'll say it's not a certain department like Parks and Rec. that does serve under the Administration. I mean, the Corp. Counsel represents not only the Administration; it represents the Council and ultimately the entire County. And all that encompasses upon the workers and that aspect. So, it is a different type of situation. And where I kind of give a little bit more weight towards that aspect, I wouldn't go towards saying that we should approve the deputies of each different department just because of that,just because I think Corp. Counsel is different. It's a different entity. That's just myself. I'm not trying to convince anybody on what they might foresee about that. I'm going to vote for this and then, from now until the next meeting, really decide what to ultimately do. So, saying that, we can move to the vote. Mr. Clerk, roll call please on Bill 254. Vote on Bill 254: The motion to pass Bill 254 on first reading was carried by (Approved) the following roll call vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Paleka, Poindexter, and Chair Kanuha—8. Noes: Council Member Wille— 1. Absent: None. Excused: None. (Note: Ms. Poindexter voted"kanalua" then "aye.") CHR KANUHA: Thank you. Motion passes. Okay, what are we on, Mr. ? MR. MAEDA: We're on "Reports." REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following item was taken out of order: PC-79 NOMINATION OF ENOCK N. FREIRE TO THE WATER BOARD (Comm. 1102): (Note: Comm. 1102.1, from Mayor William P. Kenoi dated November 2, 2016, requesting that Mr. Freire's nomination to the Water Board be withdrawn, was circulated.) Page 101 Hawaii County Council-53 November 2,2016 Withdraw PC-79: CHR KANUHA: Okay, before we go into, I think we can say that we got a communication from the Mayor of Communication 1 or—Enock Freire, do we have to read that in or can we just withdraw this nomination? MR. MAEDA: I believe we can just withdraw it at this point. CHR KANUHA: Okay. So, we did get a Communication 1102.1 from the Mayor's Office that PC-79, Communication 1102, be withdrawn. We can read that, I mean, it's part of the record. So, Mr. Enock Freire will be withdrawn from the nomination process. Return to Order The Chair directed the Council to return to the order of business. of Business: CHR KANUHA: Mr. Clerk, can we just read in the entire reports and then we can go singly after that or ? MR. MAEDA: Vote on them singly after. MR. ILAGAN: Mr. Chairman, before because these are reports, it would be impossible to CHR KANUHA: We can read them all in and then I can do the separate motions. Thanks. PC-76 NOMINATION OF MICHAEL R. BERNARD TO THE PUNA COMMUNITY (Comm. 1096): DEVELOPMENT PLAN ACTION COMMITTEE Vote on PC-76: Ms. David moved to adopt Planning Committee Report (Adopted) No. 76. Seconded by Mr. Onishi and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Poindexter, Wille, and Chair Kanuha–8. Noes: None. Absent: Council Member Paleka– 1. Excused: None. PC-77 NOMINATION OF YUMI T. KAWANO TO THE PUNA COMMUNITY (Comm. 1096): DEVELOPMENT PLAN ACTION COMMITTEE Motion to Approve: Mr. Onishi moved to adopt Planning Committee Report No. 77. Seconded by Ms. David. CHR KANUHA: Any discussion? Ms. Wille. Page 102 Hawaii County Council-53 November 2,2016 MS. WILLE: I just want to make a general comment of how much I resent that the Mayor hasn't appointed people to the North Kohala one. I'm glad to see it on the Puna, but I think that he is totally irresponsible and inconsiderate and I'll leave it at that. CHR KANUHA: Thank you, Ms. Wille. Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on PC-77: The motion to adopt Planning Committee Report No. 77 (Adopted) was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Poindexter, Wille, and Chair Kanuha—8. Noes: None. Absent: Council Member Paleka— 1. Excused: None. PC-78 NOMINATION OF TERESA L. REVEIRA TO THE PUNA COMMUNITY (Comm. 1096): DEVELOPMENT PLAN ACTION COMMITTEE Vote on PC-78: Ms. David moved to adopt Planning Committee Report (Adopted) No. 78. Seconded by Ms. Poindexter and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Poindexter, Wille, and Chair Kanuha—8. Noes: None. Absent: Council Member Paleka— 1. Excused: None. PSMTC-24 NOMINATION OF DONNA V. PAYESKO TO THE FIRE COMMISSION (Comm. 1098): Vote on PSMTC-24: Ms. David moved to adopt Public Safety and Mass Transit (Adopted) Committee Report No. 24. Seconded by Ms. Poindexter and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Poindexter, Wille, and Chair Kanuha—8. Noes: None. Absent: Council Member Paleka— 1. Excused: None. Page 103 Hawaii County Council-53 November 2,2016 PSMTC-25 NOMINATION OF CLAUDE S. ONIZUKA TO THE LIQUOR COMMISSION (Comm. 1099): Vote on PSMTC-25: Mr. Onishi moved to adopt Public Safety and Mass Transit (Adopted) Committee Report No. 25. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Poindexter, Wille, and Chair Kanuha—8. Noes: None. Absent: Council Member Paleka— 1. Excused: None. EMC-7 NOMINATION OF RICHARD (RICK) VIDGEN TO THE ENVIRONMENTAL (Comm. 1100): MANAGEMENT COMMISSION Motion to Approve: Ms. Wille moved to adopt Environmental Management Committee Report No. 7. Seconded by Ms. Poindexter. CHR KANUHA: Ms. Wille. MS. WILLE: I just want to say thank goodness there's another appointment here. I went to that meeting, and they're still lacking. I think it is in District 2. And is it District, maybe it's either 4 and 5's going to come up shortly. So, hopefully the new Mayor is more responsible in terms of the Environmental Management Commission. But I know that Richard, although he hadn't been appointed yet, did go and watch and observe the last meeting and that was good. Get somebody onboard. Okay, thank you. CHR KANUHA: Mr. Chung. MR. CHUNG: Thank you. Ms. Wille pointed out that there is a vacancy in District 2, but I told her to pick somebody and I'll advance the name up as long as that's a normal human being. Right? I haven't received anything from her. So, thank you. CHR KANUHA: Thank you. Any other discussion? Mr. Onishi. MR. ONISHL I need the definition of"normal human being." CHR KANUHA: Okay. I'll just say something. I'm glad that, you know, District 7's been vacant for a while and we can get somebody who cares about Page 104 Hawaii County Council-53 November 2,2016 what's going on in the environmental commission. So, I appreciate, even though I just met him not too long ago. So, I'm glad to have somebody in there from my district. Any other discussion? A normal person in there. MS. WILLE: Normal people CHR KANUHA: Any other discussion? Hearing or seeing none, all in favor of the motion to approve say "aye." Vote on EMC-7: The motion to adopt Environmental Management (Adopted) Committee Report No. 7 was carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Poindexter, Wille, and Chair Kanuha—8. Noes: None. Absent: Council Member Paleka— 1. Excused: None. CHR KANUHA: Motion passes. AWESC-4 NOMINATION OF TERESA L. NAKAMA TO THE GAME MANAGEMENT (Comm. 1101): ADVISORY COMMISSION Vote on AWESC-4: Ms. Poindexter moved to adopt Agriculture, Water and (Adopted) Energy Sustainability Committee Report No. 4. Seconded by Mr. Onishi and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ragan, Onishi, Poindexter, Wille, and Chair Kanuha—8. Noes: None. Absent: Council Member Paleka— 1. Excused: None. REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: (There were none.) OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There were none.) Page 105 Hawaii County Council-53 November 2,2016 ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. CHR. KANUHA: Mr. Clerk,just real quickly, we have a lot of items. All good? Awesome. Okay, may I have a motion to adjourn? MR. CHUNG: Statements at the end, no more? CHR. KANUHA: Oh. yeah, there's statements. MR. CHUNG: I just wanted to make one statement and recognize Gary Safarik, my former colleague who passed away last week, a former Council colleague. 1 wanted to mention the efforts that he and Al Smith made, of course and Mr. Ilagan too, but in the past with the soccer fields out at Shipman, yeah. `Cause they were really instrumental in developing that area over there. So, I just wanted to recognize him and express my condolences. MS. WILLE: I'd also like to recognize Cliff Kopf. I mean, his death was a real loss. I mean, he really did have this County in his heart and working hard on difficult issues. CHR. KANUHA: Thank you, Ms. Wille. Mahalo for those announcements. ADJOURN- There being no further business, at 5:05 p.m., Mr. Onishi moved to adjourn the MENT: meeting. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Eoff, Ilagan, Onishi, Poindexter, Wille, and Chair Kanuha— 8. Noes: None. Absent: Council Member Paleka— 1. Excused: None. CHR. KANUHA: We are adjourned. Council Approval: NOV 2 0 2018 CY NTY CLERK SM/dg Page 106