HomeMy WebLinkAboutMIN COUNCIL 2016/11/16 2014-2016 Hawaii County Council
54 I Session
West Hawaii Civic Center
74-5044 Ane Keohokalole Highway, Building A
Kailua-Kona, Hawaii
November 16, 2016
INVOCATION: Pastor Jason Meechan of Kona Faith Center gave the morning's invocation.
CALL TO The regular meeting of the Hawaii County Council was called to order at
ORDER: 9:05 a.m., in the Council Chambers, Kailua-Kona, by Mr. Dru Mamo Kanuha,
Chair.
Moment of Silence: CHR KANUHA: Before I call this meeting to order, if we could we had
Representative Cliff Tsuji from Hilo passed away yesterday. He's a long time
member of our community, longtime advocate for our community; and if we
could just take a moment of silence in his honor and his family.
(At this time, the Council took a brief moment of silence.)
Thank you, and we send prayers to his family and all the people that he helped
along the way, so thank you for that.
ROLL CALL:
Present: Mr. Dru Mamo Kanuha, Chair
Ms. Valerie T. Poindexter, Vice Chair
Mr. Aaron S. Y. Chung, Member
Ms. Maile "Medeiros" David, Member (came in later)
Ms. Karen Eoff, Member
Mr. Greggor Eagan, Member
Mr. Dennis "Fresh" Onishi, Member
Mr. Danny Paleka, Member
Ms. Margaret Wille, Member
CHR KANUHA: And I did get a memo from Council Member David that she
will be here shortly, she had medical matters to attend.
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.)
Hawaii County Council-54 November 16, 2016
PETITIONS, The Chair directed the Council to proceed to the next order of business,
MEMORIALS Petitions, Memorials, Certificates of Merit, and Expressions of Condolence.
CERTIFICATES
OF MERITS, AND (Note: At this time, Ms. Wille presented a Certificate of Merit to
EXPRESSIONS Kahu Wilfred Kealoha Ikuo Sugiyama for being a Big Island Living
OF CONDOLENCE: Treasure.)
CHR KANUHA: We are in recess. And that was beautiful by the way.
Recess: At 9:15 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 9:17 a.m.
CHR KANUHA: Okay, we are out of recess. Ms. Wille, did you want to say
something?
MS. WILLE: I was just saying that all along the way my buddy Fresh, who
always supports my measures, but he's always been after me to, "When are you
going to sing America the Beautiful after we do the Pledge of Allegiance." So I
just wanted to say, Fresh we did finally.
MR. ONISHL I know we did, and I just wanted to make a comment to Chair.
Yeah, so you know, every time we come to the Council meeting we say the
Pledge of Allegiance, right. And remember when we were younger in elementary
school we would say the Pledge of Allegiance, and we would sing like God Bless
America or America the Beautiful and so forth. So every time we'd finish I'd tell
Margaret sing the song, I'll back you up, I'll back you up. She never did, but I
was pushing her pushing her but she finally did it. Thank you.
CHR KANUHA: Okay. Mahalo, Ms. Wille, and aloha to Kealoha. Mahalo for
that beautiful rendition, and you know, aloha for us all. Mahalo. Okay, we can
move on with the agenda, and next up we have Statements from the Public on
Agenda Items.
STATEMENTS The Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public on Agenda Items.
PUBLIC ON
AGENDA ITEMS: The following individuals registered to speak and came forward when called by
the Chair:
Joseph Kamelamela: Bill 254 (Comm. 1142), in opposition.
Brenda Ford: Bill 254 (Comm. 1142), in opposition.
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Hawaii County Council-54 November 16, 2016
Dan Biegler: Bill 253 (Comm. 1138), in support.
(Representing Na Hoa O Puna
Soccer)
Leslie G. Figueira: Bill 254 (Comm. 1142), in opposition.
Alice Lindahl: Bill 234 (Comm. 1025); and
(Representing Maile Street Res. 668-16 (Comm. 1088); in support.
Neighborhood)
Mark Ellis: Bill 234 (Comm. 1025); and
Res. 668-16 (Comm. 1088); in support.
Laura Mallery-Sayre: Res. 721-16 (Comm. 1169), in support.
(Representing The Daniel R.
Sayre Memorial Foundation)
Dr. Frank Sayre: Res. 721-16 (Comm. 1169), in support.
(Representing The Daniel R.
Sayre Memorial Foundation)
Peggy Farias: Bill 253 (Comm. 1138), in support.
(Representing W.H.
Shipment Ltd.)
Jay Turkovsky: Bill 234 (Comm. 1025); and
Res. 668-16 (Comm. 1088); in support.
John Grogan: Res. 714-16 (Comm. 1158);
(Representing West Hawaii Res. 715-16 (Comm. 1159); and
Veterans Cemetery Association) Res. 724-16 (Comm. 1173); in support.
Gaylen Hopson: Res. 714-16 (Comm. 1158);
(Representing VFW Aux Res. 715-16 (Comm. 1159); and
12122) Res. 724-16 (Comm. 1173); in support.
Tracy Bennedsen: Res. 714-16 (Comm. 1158);
(Representing VFW Aux Res. 715-16 (Comm. 1159); and
12122) Res. 724-16 (Comm. 1173); in support.
Tony Montoya: Res. 714-16 (Comm. 1158);
(Representing Disabled Res. 715-16 (Comm. 1159); and
Veteran VFW Purple Heart) Res. 724-16 (Comm. 1173); in support.
Cheryl Reis: Bill 228, Draft 2 (Comm. 981), comment.
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Hawaii County Council-54 November 16, 2016
Brandon Kang: Bill 253 (Comm. 1138), in support.
Lynne DuPont: Bill 253 (Comm. 1138), in support.
(Representing Na hoa O
Puna Soccer)
Nathan Weir: Bill 253 (Comm. 1138), in support.
Kaleonani Kalauoka`ae`a-Kahele: Bill 253 (Comm. 1138), in support.
(Representing Na Hoa O Puna)
Keli`i`ike`ole Kalauoka`ae`a-Kahale:Bill 253 (Comm. 1138), in support.
(Representing Na Hoa O Puna)
CHR KANUHA: Thank you, mahalo for your testimony. Pahoa did your
testifier come back? Okay, thank you. Anybody else here in Kona or in the outer
sites wanting to testify right now, let me know. Hearing or seeing none, I will
close public testimony and move on with our agenda.
APPROVAL The Chair directed the Council to proceed to the next order of business,
OF MINUTES: Approval of Minutes.
Vote on Approval o£ Ms. Poindexter moved to approve the minutes of
Minutes: September 2, 2015. Seconded by Mr. Paleka and carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ragan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. If we can take a few things out of order, so
that we can get moving on that. I know we have Gerald Kosaki, from the Fire
Department in Hilo and I want to get him back out there saving lives. So let's do
that one first, Resolution 721-16.
Change Order As directed by the Chair and with no objection from the Council Members, the
of Business: following items were taken out of order:
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Hawaii County Council-54 November 16, 2016
Res. 721-16: 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
DANIEL R. SAYRE MEMORIAL FOUNDATION TO ASSIST THE
HAWAII FIRE DEPARTMENT WITH REFURBISHING ITS RADON
RESCUE BOAT
Transfers $2,000 from the Clerk-Council Services —Contingency Relief account
(Council District 5); and credits to the Hawaii Fire Department, Protection
Other Current Expenses account.
Reference: Comm. 1169
Intr. by: Mr. Paleka
Motion to Approve: Mr. Paleka moved to adopt Res. 721-16. Seconded by
Ms. Poindexter.
CHR KANUHA: Mr. Paleka. And again, Gerald is in Hilo, if you need him.
MR. PALEKA: Gerald if you'd like to add anything, I think this is
self-explanatory we need to fix our boat. But Gerald please if you have anything
to say.
(Note: At this time Battalion Chief Gerald Kosaki came forward to
address the members of the Council.)
MR. KOSAKL Yes, thanks. My name is Gerald Kosaki, I'm Battalion Chief in
the Hawaii Fire Department overseeing ocean safety, rescue, and hazmat. First
of all I'd like to apologize for not being able to make it over there. I would of
loved to have been there speaking to you directly. And thanking all of the
Council Members for their continued support to us as a Fire Department, and also
to the Sayre Foundation. I mean how can we not support the Sayre Foundation?
Frank and Laura, I'm sorry I couldn't be there also. But Frank and Laura has
generated over a $1 million over the 19 years that been in existence. And you
know, I cannot just begin to thank them enough, I always thank them but we
really cannot thank them enough for all that they do. And I want to thank all the
Council Members for all your continued support. You know, every time I come
up in front of you, you know, it's such an easy task because I always know that I
have your support.
For this resolution I'd like to thank Mr. Paleka. But what happened was we, as
Laura stated earlier that we had our awards dinner, and they generated $20,000
towards the refurbishment of this radon. And the refurbishment was going to cost
as much as about $38,000 or so. So we were short some $18,000, which Laura
graciously went to each Councilperson and requested some support from them
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Hawaii County Council-54 November 16, 2016
which was amazingly accepted. And those who were able to generate some
funding, or had some funding that was able to donate or put into our account did
so.
Anyway, the refurbishment of this boat,just to give you a brief description of
what it's going to be, one, it's going to take out the open cab that's in the front,
and put in a closed cab. Closed meaning that the water as it comes over the front
of the ball it won't get on to the dash area, and would protect all the electronic
equipment that they have right on the dash area. They've had times where
they've been going in heavy surf. Of course people don't get lost in calm waters.
Usually they don't get into trouble. So when they go out, you know, it's in heavy
surf, high surf conditions, and the water comes over the ball, hits the windshield,
and couple of times it even broke the windshield open. And so all that water gets
onto the electronic equipment, which by doing this refurbishment is going to help
protect that equipment.
But one other thing that it's going to be doing is, at the rear of the boat there's
some wiring that is located at the bottom of the engine compartment area. And
they're going to have to take all that out, and rewire it to higher area. Because the
water getting into the lower part of the engine compartment is corroding the
wiring, and of course that's important for the operation of the boat. But more
importantly there in the back area, there is no swim step or a step where divers
can come onto the boat safely. Currently what is happening is when they go into
the water for dive operations and they come back on to the boat, they have to
basically step on the leg of the motor to come on to the back box and then come
onto the boat.
And as we have seen in the recent past there was an incident where a girl was
trying to come onto a boat, she slipped and fell, and got torn up by the props of
the motor. And so although, you know, they insure that's okay, make sure it's in
neutral and the prop is not turning before coming on, you know, that's an accident
waiting to happen. And I think by putting on a swim step on the side of the boat
that would eliminate any possibility of some incident to happen, to injure one of
our divers that is in the water. So thank you very much, that's all I really have.
MR. PALEKA: So I just ask for your support in this matter, so we can fix our
radon.
CHR KANUHA: Thank you, Mr. Paleka. Council Members, additional
discussion? Ms. Eoff
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Hawaii County Council-54 November 16, 2016
MS. EOFF: Thank you. Thank you, Frank and Laura, for all that you do, and all
the money that you've raised and for reaching out to us. So I guess our
resolutions will come next time. Just so you know we've combined enough
money, so that you'll have the amount that's needed to do the repairs.
CHR KANUHA: Ms. Wille.
MS. WILLE: Yeah,just to recognize you two as also living treasures on our
island, you know, for the present and the future. Thank you so very much.
CHR KANUHA: Ms. David.
MS. DAVID: Yes, aloha. Good morning, Laura and Frank. I just want to say
thank you for all you do also. And then it is my pleasure to be able to contribute
to this very worthy cause, so mahalo. Aloha.
CHR KANUHA: Ms. Poindexter.
MS. POINDEXTER: Yes. I just want to echo what everybody said, and thank
you. And my resolution will be coming forward also. Thank you.
CHR KANUHA: Any other discussion? Okay, we can go for the vote. Just
mahalo for being here, and mahalo for your testimony and supporting these
obviously needed repairs to our boat here in Kailua. All in favor of approving the
motion say "aye."
Vote on Res. 721-16: The motion to adopt Res. 721-16 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, David, Eoff,
Ragan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Thank you.
MR. KOSAKL Thank you.
CHR KANUHA: Mahalo, Gerald. Okay, Mr. Clerk, if we can go to
Resolution 714-16.
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Hawaii County Council-54 November 16, 2016
Res. 714-16: 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
WEST HAWAII VETERANS CEMETERY DEVELOPMENT AND
EXPANSION ASSOCIATION, INC., TO BUILD A PURPLE HEART
MEMORIAL
Transfers $3,333 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Parks and Recreation, Administration
Other Current Expenses account.
Reference: Comm. 1158
Intr. by: Ms. David
Motion to Approve: Ms. David moved to adopt Res. 714-16. Seconded
by Ms. Poindexter.
CHR KANUHA: Ms. David.
MS. DAVID: Mahalo, Chair Kanuha. I would just encourage my Council
Members to support this very, very, worthy cause. And I want to thank all of you
for being here today. I grew up in the Vietnam War era, lots of my friends,
classmates was a part of that.
CHR KANUHA: Is your mic on, Ms. David? Sorry, can you guys hear?
MS. DAVID: And so I really, really appreciate all the sacrifices that every one of
you have made through out these years, and different wars that we've been
involved in. And it is my honor to contribute to this very worthy cause, so
mahalo for coming. And ask my support of my Council Members, aloha.
CHR KANUHA: Thank you. Council Members, any other discussion? I know
there's a few more resolutions after this one, for anybody else who wants to
discuss it as well. No? I think we're all good. All in favor of approving the
motion say "aye."
Vote on Res. 714-16: The motion to adopt Res. 714-16 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, David, Eoff,
Ragan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-54 November 16, 2016
CHR KANUHA: Motion passes. Mahalo for coming. I think we can go to next
couple, Resolution 715-16.
Res. 715-16: 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
WEST HAWAII VETERANS CEMETERY DEVELOPMENT AND
EXPANSION ASSOCIATION, INC., TO CONSTRUCT A PURPLE HEART
MEMORIAL
Transfers $3,333 from the Clerk-Council Services —Contingency Relief account
(Council District 8); and credits to the Parks and Recreation, Administration
Other Current Expenses account.
Reference: Comm. 1159
Intr. by: Ms. Eoff
Motion to Approve: Ms. Eoff moved to adopt Res. 715-16. Seconded by
Ms. David.
CHR KANUHA: Ms. Eoff
MS. EOFF: No. Just to thank you folks for being here today, and for
approaching us, especially me. That cemetery is in my district, and I was really
honored that I was able to help with the MIA/POW Memorial. The only thing
you didn't mention in your testimony was that this monument will be kind of on
the other side, so when you come up the hill one is on one side, and one is on the
other. So it would be really, really be an important feature to the cemetery, which
is anxious to see when it gets installed. And it will be by the 100th year
anniversary, we'll plan something there at the cemetery too at that time.
CHR KANUHA: Thank you. Ms. Wille.
MS. WILLE: Yeah,just thank you all, and our hearts are with you. And we
really care about what you're doing, and all your efforts to raise funds as well.
Thank you, again.
CHR KANUHA: Thank you. Any other discussion Council Members, on this
resolution? Hearing or seeing none, all in favor of the motion to approve say
Ic aye.
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Hawaii County Council-54 November 16, 2016
Vote on Res. 715-16: The motion to adopt Res. 715-16 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ragan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—9.
Noes: None.
Absent: None.
Excused: None.
CHR KANUHA: Motion passes. Mr. Clerk, since we're on the same subject if
we could go to Resolution 724-16.
Res. 724-16: 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
WEST HAWAII VETERANS CEMETERY DEVELOPMENT AND
EXPANSION ASSOCIATION, INC., TO CONSTRUCT A PURPLE HEART
MEMORIAL
Transfers $3,333 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. 1173
Intr. by: Mr. Kanuha
Motion to Approve: Ms. Poindexter moved to adopt Res. 724-16. Seconded by
Ms. Eoff.
CHR KANUHA: Council Members, any additional discussion, before I just, you
know, glad to be able to support such a worthy thing at our West Hawaii
Veterans Cemetery. And you know, always here to support you guys, and all the
efforts that our brothers and sisters do throughout the world. So I'm glad to have
a small part of that. Mahalo for coming, and sharing with us your hearts. Thank
you. All in favor of approving the motion say "aye."
Vote on Res. 724-16: The motion to adopt Res. 724-16 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, David, Eoff,
Ragan, Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—9.
Noes: None.
Absent: None.
Excused: None.
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Hawaii County Council-54 November 16, 2016
CHR KANUHA: Motion passes, mahalo. Mr. Clerk, if we can go to Order of
the Day Second or Final Reading, to Bill 253.
Change Order As directed by the Chair and with no objection form the Council Members, the
of Business: following items were taken out of order:
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
First Reading: November 2, 2016
Motion to Approve: Mr. Paleka moved to pass Bill 253 on second and final
reading. Seconded by Ms. David.
CHR KANUHA: Mr. Paleka.
MR. PALEKA: Thank you, Mr. Chair. Every time I think of this bills, you
know, it's so emotional, but I just want to thank the ohana, the supporters, the
keiki, the haumana, the soccer, because it's a big ohana from Na hoa. And you
know, it's so nice to see them on the plane once in a while traveling home and
touching base with them. And congratulations on the great results, but the bigger
thing is to have a place that's filled with his mana, you know, it rests there. And
to have the mana take the shipment ohana would be so supportive, Peggy and Bill.
You know, it's not easy to change, it has to be pono when a name changes
especially in Hawaiian style. And this I believe is pono, it's about a great man. I
don't want to cry, but thank you guys. And it's really the Buddy Perry ohana that
made this happen, I'm just the precipitator but I'm so proud to have this place
named after him. And I cannot wait to be there when it is officially named.
CHR KANUHA: Thank you, Mr. Paleka. Council Members, any other
discussion? I know we had a lengthy discussion. Mr. Chung.
MR. CHUNG: Yeah, I may as well say something. You know, when this came
up for first reading, I had conveyed how a rival club had also expressed support
for Buddy Perry and the renaming of that park. So it's really good to see Nat over
here, because he use to play soccer with my son, and Sara. And actually Coach
Randy was my daughter's soccer coach. They would come from Kona every day
religiously and do things in Hilo. So it's good to see that this has widespread
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Hawaii County Council-54 November 16, 2016
support throughout the island, because I guess I never met Buddy Perry, but he
must have really been some kind special individual, yeah. Just wanted to share
that, nice seeing you guys.
CHR KANUHA: Thank you, Mr. Chung. Any additional discussion? Like I
said, we did have a pretty lengthy crying session the last time this came up, but so
glad to be able to support something that means a lot to you guys and to his whole
community. So I think we can go to the vote on this one. All in favor of
approving Bill 253 say "aye."
Vote on Bill 253: The motion to pass Bill 253 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Chung, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille, and
Chair Kanuha—8.
Noes: None.
Absent: Council Member David— 1
Excused: None.
CHR KANUHA: Motion passes. Congratulations. And congratulations
Mr. Paleka, to you and your community. Thank you all for sharing. Okay, where
are we? Do we want to do a street name real quick, and then we can go to Corp.
Counsel. You want to do the Bill? Okay, Mr. Clerk, whatever that bill is.
Bill 234.
Bill 234 AMENDS CHAPTER 14, ARTICLE 14, DIVISION 3, SECTION 14-86 OF
(Draft 2): THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED)
RELATING TO STREET NAMES
Allows for two streets in the same judicial district but with different zip codes to
share the same name.
Reference: Comm. 1025.4
Intr. by: Mr. Eagan
First Reading: October 18, 2016
Postponed: October 5 and November 2, 2016
(Note: There is a motion by Mr. Ilagan, seconded by Ms. David, to approve
Bill 234, Draft 2.)
CHR KANUHA: Mr. Eagan.
MR. ILAGAN: Thank you, Mr. Chairman, for the floor. At this time I have
amendments for Bill 234, and I just wanted to state that we had a long discussion
on this. And you already know that I want to do as much as I possibly can to
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Hawaii County Council-54 November 16, 2016
make this happen. And these are some solutions that resulted to the discussions
that we had, and the first amendment I want to put up is Comm. 1025.5 and if I
can amend Bill 234 with the contents of that communication.
CHR KANUHA: Can I have a second?
Motion to Amend: Mr. Eagan moved to amend Bill 234, Draft 2, with the
contents of Comm. 1025.5. Seconded by Ms. Poindexter.
CHR KANUHA: Mr. Eagan.
MR. ILAGAN: Thank you. We spoke about adding an exemption into this
ordinance. And if you look at Section 14-86, it's the last page. It says,
"Exemption. This provision does not apply to any street name Maile in the
Leilani Estates Subdivision in Puna." It also puts back the judicial district that
was taken away on the Draft 2 amendment, and that makes it clear that there is
this exemption.
I do want to read that the purpose of this ordinance is to allow for more than one
street named Maile in the Puna judicial district. Currently there are duplicates in
Puna and throughout the Big Island. I wanted to fix what has occurred in Puna
without creating any type of confusion when there is a response on emergency.
There exists in the subdivision of Leilani Estates, District of Puna, Zip Code
96778, a street name "Mai`li, but for many years residents have believed they
lived on "Maile" Street. Numerous land owners on Ma`ile Street have listed their
address on tax records, bills, mortgage documents, driver's license, and bank
accounts as Maile Street, Pahoa, Hawaii, 96778, which does not exist.
There is a Maile Street in Puna in the subdivision of Eden Rock Estates, Mountain
View, Hawaii, 96771. There also exists a Maile Avenue in Nanawale Estates, a
second Maile Avenue in Volcano Village, and a Maile Way in Ainaloa. The
County Code as written does not permit more than one Maile Street in the Puna
District, this ordinance will allow Ma`ile Street in Leilani Estates to be renamed
Maile Street.
That's the history of what's happened, and we have spoken to the Chief and also
longtime residents, many residents that has testified. They have always known
that street to be Maile Street. And recently there has been a change on the tax
records, and a change to Ma`ile Street. And that's where the confusion lies, and
this is why we're here today. And I hope I can get your support to put up this
exemption to allow the illumination of this confusion, and to get the residents
back in their normal state. And to appreciate their street and allow them to keep
the documents as is, and hopefully not make any confusion in the future in this
name change. I hope you can support me in leaving Maile Street as is and not
change to Ma`ile. Thank you.
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Hawaii County Council-54 November 16, 2016
CHR KANUHA: Thank you. Discussion on the amendment? Okay, ready for
the vote? Ms. Eoff
MS. EOFF: No, thanks Mr. Eagan. This makes it a little more easy for
everybody, because it's just for this particular instance and doesn't change the
code and cause confusion for other situations, correct? Yeah, thank you for doing
that.
CHR KANUHA: Okay. On the amendment, Ms. Wille.
MS. WILLE: Yeah, I'm a little bit confused, because there's also another
amendment coming in on this, correct? Just sort of how it
MR. ILAGAN: No, this is the amendment. We went through many amendments.
MS. WILLE: Okay, I see. And what is the position now on the Fire Department?
MR. ILAGAN: From my understanding, the Fire Chief has a general opposition
on making things on duplicates. In other words, he does not want to have many
duplicates in this island. And this does not do what he is opposing, it actually
makes an exemption for a particular situation that's very unique. And it doesn't
change anything from what we currently are operating now. So his opposition, I
would say at this point would be no.
MS. WILLE: I just didn't follow your last thing, so his opposition
MR. ILAGAN: Wouldn't count. In other words it's been addressed, it's been
cleared, and it's been taken cared of.
MS. WILLE: So he's now supporting what you have as amended now?
MR. ILAGAN: He didn't state support on that amendment, but regarding his
opposition it's not what's happening. So what we did before is we took out the
judicial district, and that's what he was opposing. Because now you can have
duplicates within the judicial district. But I put it back in, kept it as is and now
there can't be duplicates in the future, so that's what's happening. Does that
make sense, Ms. Wille?
MS. WILLE: Sort of.
MR. ILAGAN: Okay.
CHR KANUHA: I know we don't have Chief here, to really question what he
supports or doesn't support.
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Hawaii County Council-54 November 16, 2016
MS. WILLE: Yeah, it's—you know, I want to support you, but I don't like where
we sort of carve out. Anyway I appreciate all your work on this. Work it out so
that's minimizing his concerns.
CHR KANUHA: Thank you. Discussion, first round. Okay, second round,
Ms. Eoff.
MS. EOFF: Well I hear what Ms. Wille saying, and you know, I was opposed to
this the first couple times we read it. Because the chief expressed, and I agreed
that generally it would cause confusion when responding to calls, et cetera. But it
seems like there's already confusion with Maile Street for the residents if we
don't make this adjustments. So for the fact that you're doing it just as an
exception for this one situation, I know that may cause some concern, but I don't
know how else we can correct the problem besides this. You know, so I don't
know, that's just my thought right now. I'm leaning towards supporting it, but I
know it is troubling to make exceptions in the code for a certain situation. But I
don't see how else it can be done at this point and time.
CHR KANUHA: Okay, and make sure we're talking about the amendment,
right? Just for everybody's clarity.
MS. WILLE: Right, but it is really the amendment. Can I call Molly up?
CHR KANUHA: Sure.
(Note: At this time, Corporation Counsel Molly Stebbins came forward to
address the members of the Council.)
MS. STEBBINS: Good morning, Chair Kanuha, and Council Members.
Molly Stebbins Corporation Counsel.
CHR KANUHA: Morning.
MS. WILLE: You know Molly, I feel that Council Member Ragan has done a lot
of work on this, and understand that. And just in terms of sort of writing laws and
laws, where here's the rule, and okay now we're going to pick out this little
exception. Anyway just whatever comments you have on how this is being
drafted.
MS. STEBBINS: I mean, I understand the concerns you're raising. I don't think
it's ideal to legislate in this manner where you carve out specific exceptions.
Although it's been established throughout the discussion on this. The reason for
making that
MS. WILLE: The what?
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Hawaii County Council-54 November 16, 2016
MS. STEBBINS: The reason for making that exception, I think it's been well
established it's sort of a unique situation. There is another mechanism, which is
get an exemption granted by the Planning Director, and that was my
recommended course of action. I think that Council Member Ragan was maybe
having discussions with the Planning Director, and haven't yet heard back from
him and that was a possibility. That's already something written in the code, that
the Planning Director can grant exceptions to these requirements. So that would
be one way to achieve an exception without actually writing it into the legislation.
MS. WILLE: And I think that was like my confusion, and I know it's a little bit
going beyond this but we do have in our pinkie pile. I think also the way she had
recommended. And if you would allow me, I just appreciate sort of hearing from
Council Member Ragan in terms of the two. Clearly you are now preferring to go
this route. What would be your concern in terms of instead doing it through the
other way for an exception? Maybe I'm being too anal in terms of how you write
legislation and how things should be done.
MR. ILAGAN: May I comment?
MS. WILLE: I appreciate what you've done, but if you could just tell me a little
bit why we need to go this route verses the (Communication) 1088 whatever it is.
CHR KANUHA: Mr. Eagan, did you want to respond?
MR. ILAGAN: Thank you, Mr. Chairman. Currently we're on the bill and the
amendment, the other matter is actually on the resolution. And that's why I said
this is the only amendment, because this is on the bill. I'm doing it in both ends.
I've worked with the Administration, worked with our Council, and I wanted to
make as many fail safe as I possibly can and ensure the renaming is successful.
And I want to cover all the grounds, and I want ensure through bill and through
resolution that this name will be successful. To me that is doing my legislative
ability to the best of my extent, and that's why I created the bill and also the
resolution. And I can't, unless Mr. Chairman you would give me the leeway to
talk about the resolution, but at this matter we're discussing the bill.
CHR KANUHA: Yeah, and—Ms. Wille, your microphone.
MS WILLE: So you're sort of doing like a two-prong approach. Here's one
route, route a, route b to get that. And I'm just trying to figure out since we're
voting on this, and just off the top of my head my inclination would be to be
going on your route b your 1088.1 method. Just trying to understand all that,
thank you.
CHR KANUHA: Thank you, Ms. Wille. Council Members, any other
discussion on 1025.5? Mr. Eagan.
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Hawaii County Council-54 November 16, 2016
MR. ILAGAN: Thank you, Mr. Chairman. The reason why I'm doing the bill
and the resolution, is because resolutions has no wait and it really has no binding
authority. I could go with a route with 1088.1 with a resolution, and leave it in
the hands of the director. I feel not secured in that matter, so I'm putting it in the
bill as well. And that's my reason, and I ask for your support for a more binding
solution, then both. And maybe in the future if things work out it can be resolved,
in other words house cleaning per say, without affecting any changes. But there's
going to be a new Administration, and I don't know what's going to happen, and
I'm leaving the Council as well. So this is my duty that I feel I must do, and I
hope I can get your support. Thank you.
CHR KANUHA: Ms. Eoff
MS. EOFF: Question. What would happen if we didn't adopt the bill, but we
pass the resolution? The director would then take an action to official rename
MS. STEBBINS: The resolution asked the director to take action to officially
rename the street, and it notes that the director has the authority to grant
exceptions when there's unusual situations. So it's not obligating the director to
take that action, but it is requesting it.
MS. EOFF: Is that what you were recommending that we just try that route?
MS. STEBBINS: Yes.
MS. EOFF: And let this bill kind of, I don't know whether we can just keep it if
we have to kill it or keep it in limbo. I want to accomplish what Greggor is trying
to do, because we've heard from the residents, we know that there's a problem.
But I want to make sure like he's saying that it can happen.
MS. STEBBINS: Right. It was my recommendation to go this route where you
seek the Planning Director's approval for an exception, because that's the existing
framework that's already there. But I wasn't a party to any conversation directly
with the Planning Director, so I don't know if that's just an unfinished
conversation. I think the question was posed, would you be willing to grant an
exception in this case. And I don't know if an answer was ever received.
MS. EOFF: Okay, well I'll let Greggor to explain that then.
CHR KANUHA: Mr. Eagan.
MR. ILAGAN: At this moment, I don't have an answer from the director. And at
this point, we don't even know if the director is going to be there for the next
Administration. So whether he gives an answer or not, the uncertainty still lies.
And I'm worried, and that's why I made this action. I respect the opinion of the
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Hawaii County Council-54 November 16, 2016
Corporation Counsel, I know that they were on the mostI guess what you could
say the safest route. And right now I think what we need to do is ensure the
authority into the bill, and make sure it does happen. And not allow the, I guess
you could say hope, that it will happen. Thank you.
CHR KANUHA: Thank you. Okay, Council Members, any discussion on the
amendment? Just really quickly, so we can move on.
MS. WILLE: Okay, so either way in terms of the bill this is preferable, the
amendment is preferable to the Fire Department.
CHR KANUHA: We don't have the Fire Department here to testify on that.
MS. WILLE: Yeah, I know but I'm just saying that's what he's explained. Okay,
I just want to be clear, so I will be supporting the amendment.
CHR KANUHA: Okay. And just for everybody's clarification, if this
amendment does pass, this bill will have to be held over as it is second and final
reading, per Council rules. I mean we can go that route of whatever you're going
to try and do afterwards, but as right now that's what's going to be happening
without a motion to suspend the rules. Any other discussion on this amendment
Comm. 1025.5? Hearing or seeing none, let's go for the vote, all in favor of
amending with this communication say "aye."
Vote on Motion The motion to amend Bill 234, Draft 2, with the contents
to Amend: of Comm. 1025.5 was carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
CHR KANUHA: We are now on the main motion as amended, because it's
second and final reading this bill will be held over till the next Council Meeting.
MR. ILAGAN: Mr. Chairman?
CHR KANUHA: Mr. Eagan.
MR. ILAGAN: May I suspend the rules to allow this to move forward? I forgot
what the number
CHR KANUHA: Is that a motion to suspend the rules?
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Hawaii County Council-54 November 16, 2016
MR. ILAGAN: To Suspend Rule 24(e).
Vote on Motion to Mr. Eagan moved to suspend Rule 24 to waive the holdover
Suspend Council for substantive amendment of Bill 234, Draft 2. Seconded by
Rules: Ms. Poindexter and carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, Eoff, Ilagan,
Onishi, Paleka, Poindexter, and
Chair Kanuha–7.
Noes: Council Member Wille– 1.
Absent: Council Member David– 1.
Excused: None.
CHR KANUHA: That motion passes, so we are allowed to discuss this bill as
amended today. Mr. Eagan.
MR. ILAGAN: Thank you, Mr. Chairman. And thank you, Council for allowing
me to suspend the rules to do this. I feel it's appropriate, because we had a
lengthy discussion on it. And we did discuss it in the previous Council meeting,
on what we were intending to do, and these are the draft amendment that I said I
was going to propose. I ask for your support, and once we pass this I hope that
the residents in Maile Street and Leilani Estates will be happy. Thank you.
CHR KANUHA: Ms. Wille.
MS. WILLE: So when someone calls for a fire they'd go to Maile Street in
Leilani Estates, I mean in other words it's an overlapping fire district? So that's
basically the drill that you need to get them all—it's not, obviously the concern is
they end up going to the wrong place. So there's going to be some education, but
that would be that, here's what they have to say it's not Maile Street its
MR. ILAGAN: May I, Mr. Chairman?
CHR KANUHA: Go right ahead, Mr. Eagan. If you like to respond to the
question.
MR. ILAGAN: Thank you. And thank you for allowing me to respond. First of
all the confusion is Ma`ile, everybody knows that street as Maile Street, so they
won't have any problems saying Maile Street. It's when they start saying, "Oh,
there's a fire in Ma`ile Street; oh, no, wait it's Maile Street; oh wait what is it?"
That's the confusion. Currently in the tax records it's Ma`ile, and currently
visibly in the community it's Maile. And that has never been changed.
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Hawaii County Council-54 November 16, 2016
MS. WILLE: Let me cut you off, because that's the current confusion. I'm
looking for—assuming we pass this, then the concern is just that there's now two
Maile Streets. So one, it would be Maile that people in Leilani Estates need to say
Maile Street in Leilani Estates, or Maile Street in whatever the other location is.
MR. ILAGAN: That's normally what happens
CHR KANUHA: Wait, wait, I'm just going to let Ms. Wille finish. Just finish
your statement.
MS. WILLE: So you're trying to address one confusion, but the important
point—and I have lived where this problem has arisen. And there's been
problems, so I think that district saying to you or whoever is in your place that
can work with the Fire Department that there be some education as to what has to
be said
MR. ILAGAN: Okay.
MS. WILLE: When you're calling about fire, because that's what this is all
about. And not having somebody's place burn down, because the Fire
Department went to the wrong location. Which unfortunately happens more often
then we would like, because people when they're frantic, don't necessarily get it
all figured out how to say things and what to say. So I appreciate that you're
trying to address a current issue, but we're now creating a potential future
confusion. That I'm just saying, I would hope that there's going to be some
education involved, so that one minimizes the amount of potential danger we put
people in by approving.
CHR KANUHA: Thank you, Ms. Wille. Mr. Eagan.
MR. ILAGAN: Okay, Margaret.
CHR KANUHA: Any more discussion before we go for the vote? You know,
I'm fine with continuing this forward, but I really wish the Chief was here to just
confirm our concerns. But if everybody's okay with going, I'm going to go with
the rest of the Council. Okay, let's go for the vote. Motion on the floor is to
approve Bill 234, Draft 3, all in favor of that motion say "aye."
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Hawaii County Council-54 November 16, 2016
Vote on Bill 234: The motion to pass Bill 234, as amended to Draft 3, on
Draft 3 second and final reading was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, Eoff, Ragan,
Paleka, Poindexter, Wille, and
Chair Kanuha—7.
Noes: None.
Absent: Council Members David and Onishi—2.
Excused: None.
CHR KANUHA: Council Members, I need a five minute recess, real quickly.
So we'll come back.
Recess: At 10:55 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 11:03 a.m.
CHR KANUHA: Everybody here? Yes. We have quorum? Yes. And if we
could Mr. Clerk, take a few more items out of order. Before I get to Bill 254, if
we could, Resolution 696.
Res. 696-16: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR
AGREEMENT FOR ONE TRACTOR MOWER WITH A REAR FLAIL
Authorizes a five-year lease agreement, which would alleviate equipment repair
and associated costs spent on older equipment. The new tractor mower would be
used by the Department of Public Works, Highways Division, for Kohala roads.
Reference: Comm. 1128
Intr. by: Ms. Eoff
Approve: FC-79
Motion to Approve: Mr. Onishi moved to adopt Res. 696-16 and adopt Finance
Committee Report No. 79. Seconded by Ms. Wille.
CHR KANUHA: We do have Brandon Gonzalez in Hilo if there's any questions
Council Members, for this one and the next three. But if not we can move with
the vote. All in favor of approving Res. 696 say "aye."
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Hawaii County Council-54 November 16, 2016
Vote on Res. 696-16: The motion to adopt Res. 696-16 and adopt Finance
(Adopted) Committee Report No. 79 was carried by the following
voice vote:
Ayes: Council Members Chung, Eoff, Ragan,
Onishi, Paleka, Wille, and
Chair Kanuha—7.
Noes: None.
Absent: Council Members David and Poindexter—2.
Excused: None.
CHR KANUHA: Resolution 697-16.
Res. 697-16: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR
AGREEMENT FOR THREE MINI EXCAVATORS
Authorizes a five-year lease agreement for three mini excavators to be used by
the Department of Public Works, Highways Division, for Puna, Kona, and
Hamakua roads.
Reference: Comm. 1129
Intr. by: Ms. Eoff
Approve: FC-80
Vote on Res. 697-16: Ms. Eoff moved to adopt Res. 697-16 and Finance
(Adopted) Committee Report No. 80. Seconded by Mr. Onishi and
carried by the following voice vote:
Ayes: Council Members Chung, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
CHR KANUHA: Motions passes. Resolution 698-16.
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Hawaii County Council-54 November 16, 2016
Res. 698-16: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND
OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT
FOR TWO SMALL BOOM TRUCKS
Authorizes a five-year lease agreement, which would alleviate equipment repair and
associated costs on older equipment. The new boom trucks would be used by the
Department of Public Works, Highways Division, for South Hilo and Puna roads.
Reference: Comm. 1130
Intr. by: Ms. Eoff
Approve: FC-81
Vote on Res. 698-16: Ms. Eoff moved to adopt Res. 698-16 and Finance
(Adopted) Committee Report No. 81. Seconded by Mr. Onishi and
carried by the following voice vote:
Ayes: Council Members Chung, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
CHR KANUHA: Motion passes. Resolution 699-16.
Res. 699-16: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR
AGREEMENT FOR TWO TRACTOR MOWERS WITH SIDE SICKLE BARS
Authorizes a five-year lease agreement, which would alleviate equipment repair
and associated costs on older equipment. The new tractor mowers would be used
by the Department of Public Works, Highways Division, for South Hilo and
Ka`u roads.
Reference: Comm. 1131
Intr. by: Ms. Eoff
Approve: FC-82
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Hawaii County Council-54 November 16, 2016
Vote on Res. 699-16: Ms. Eoff moved to adopt Res. 699-16 and adopt Finance
(Adopted) Committee Report No. 82. Seconded by Mr. Onishi and
carried by the following voice vote:
Ayes: Council Members Chung, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
CHR KANUHA: Motion passes. Not going to go to next one, if you could
Resolution 718-16.
Res. 718-16: AUTHORIZES THE ACCEPTANCE OF THE DONATION OF USED
MOTOR OIL CONTAINMENT UNITS FROM THE STATE OF HAWAII
DEPARTMENT OF HEALTH
Donated by the State's Department of Health, with an estimated total value of
$28,000, to be used by the Department of Environmental Management for
collecting used motor oil from island residents.
Reference: Comm. 1166
Intr. by: Ms. Eoff
Waived: FC
Motion to Approve: Ms. Eoff moved to adopt Res. 718-16. Seconded by
Mr. Onishi.
CHR KANUHA: Just for everybody's knowledge we have Linda Peters in Hilo,
and we also have Tanya here if there's questions. Ms. Eoff
MS. EOFF: Would you like to just give us a little bit brief understanding, I think
we're all in support, I believe.
(Note: At this time, Recycling Specialist Tanya Buckley came forward to
address the members of the Council.)
MS. BUCKLEY: Tanya Buckley, Department of Environmental Management,
I'm the Recycling Specialist on the west side. So the used motor oil program is a
program that allows the public to bring their used motor oil for the do it
yourselfers to specific sites. And it's disposed of properly, instead of being left in
inappropriate areas.
CHR KANUHA: Ms. Eoff, you still have the floor.
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Hawaii County Council-54 November 16, 2016
MS. EOFF: Thank you, I don't have any questions.
CHR KANUHA: Ms. Wille.
MS. WILLE: Yeah, I just wondered, so you're from the Department of Health?
CHR KANUHA: No, Environmental Management
MS. BUCKLEY: No, Environmental Management.
MS. WILLE: Okay, are you State or County?
MS. BUCKLEY: County. Department of Environmental Management.
MS. WILLE: Okay. Thank you, I just wasn't clear about that.
CHR KANUHA: Thank you, Ms. Wille. Mr. Onishi.
MR. ONISHL Thank you, Mr. Chair. What kind of cost are we looking at? You
know, because yesterday we had this whole thing about zero waste and all these
kinds of stuff, about recycling and so forth. I mean you folks are trying to help
out the community by doing this, right?
MS. BUCKLEY: Yes.
MR. ONISHL So this is like a program that you folks
MS. BUCKLEY: Correct.
MR. ONISHL And so basically the funding all comes from the department?
MS. BUCKLEY: It does now. It used to be State funded, but we're no longer
funded. Hence them releasing the equipment to us.
MR. ONISHL So the State in the past years has been always reducing the
funding to you guys, correct?
MS. BUCKLEY: As far as I know.
MR. ONISHL Yeah. Okay, thank you.
CHR KANUHA: Thank you, Mr. Onishi. Mr. Chung.
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Hawaii County Council-54 November 16, 2016
MR. CHUNG: Yeah, thank you. And thank you for coming. You know I just
wanted to make a suggestion. Maybe next time you guys can re-design the shirt
and make the seal bigger, so that we know its County of Hawaii.
CHR KANUHA: Thank you, Mr. Chung. Ms. Eoff
MS. EOFF: So but this money is a grant from the State?
MS. BUCKLEY: No. This is the equipment, so it was purchased under grant
funds. But it was still State owned, so this is just them providing or giving to the
County. So they're releasing the equipment that we're currently using at the site.
MS. EOFF: Okay, thank you.
CHR KANUHA: Any other discussion, Council Members, before we go for the
vote? All in favor of approving Resolution 718-16 say "aye."
Vote on Res. 718-16: The motion to adopt Res. 718-16 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
CHR KANUHA: Motion passes, thank you. Mr. Clerk, if we could also get
Hele-On Kako`o going, which is Bill 240, Draft 2.
Bill 240 AMENDS CHAPTER 18, ARTICLE 4 OF THE HAWAII COUNTY CODE 1983
(Draft 2): (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
First Reading: November 2, 2016
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Hawaii County Council-54 November 16, 2016
Vote on Bill 240 Mr. Paleka moved to pass Bill 240, Draft 2, on second and
Draft 2): final reading. Seconded by Ms. Poindexter and carried by
(Adopted) the following voice vote:
Ayes: Council Members Chung, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha–8.
Noes: None.
Absent: Council Member David– 1.
Excused: None.
CHR KANUHA: Motion passes, thank you. Mr. Clerk, if we can go to the very
bottom Bill 254.
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
First Reading: November 2, 2016
Motion to Approve: Mr. Chung moved to pass Bill 254 on second and final
reading. Seconded by Mr. Onishi.
CHR KANUHA: Go right ahead, Mr. Chung.
MR. CHUNG: Thank you, Mr. Chairman. You know, this probably is going to
have to go in segments, so I'm going to use up my first three minutes to explain or
to address the legality issues that have been raised. First of all I also wanted to
mention that there is a letter from Edmond Haitsuka, former Police Officer, who's
now a very respected attorney out in Kona. He is writing in opposition basically,
you know, same arguments. And also one from our former—the Council former
legal adviser Levi Hookano from Honolulu, yeah, by and large same arguments.
I'm going to use Mr. Kamelamela as a template, because they basically say the
same thing. Okay. And I always said that this one was a close call, okay. But I
have to take exception to the really strong incendiary remarks made by our
esteemed former colleague, well not my colleague but former Councilperson
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Hawaii County Council-54 November 16, 2016
Brenda Ford says it's a shameful act by any Council Member to either support
this or to vote in favor of it. You know, I want to point out that in the legal arena,
there's always a lot of close calls. And people have differences of opinion, but
you don't say that when they take a position it's a shameful act.
For example, Ms. Ford and others here were involved in voting in favor of a
GMO (Genetically Modified Organisms) ban, okay. I don't think anybody said
that was a shameful act that was eventually struck down by an appeals court. But
nobody said it was a shameful act, because it was, you know, deemed to be
violative of some other law. It's just the process, I take exception to those words,
okay. And I don't bring that up for the purpose of saying that Ms. Ford is talking
out of two sides of her mouth, I'm just saying that things are susceptible to
differing interpretations and no one should be put down for that.
Now, let's use Mr. Kamelamela's testimony as a template here. He points out
quite appropriately that—wait let's see. A point man of a Deputy, you know, I'm
going to go to this part here. Term of appointment. Mr. Kamelmela points out
that this bill is violative of the Charter, because the Charter Section 6-5.6
specifically states that the term of office of a Deputy is coterminous with the
Mayor. And he further says that is having the same duration of time with the
current Mayor. Under this argument that means once a person goes in at the
beginning of the term that person is in there for the entire term and cannot be
removed by his words having the same duration of time with the current Mayor.
So that holds no water.
He brought up another thing that says, you knowI don't know why I can't find
it here. Maybe it's in someone else's. But they point out quite
appropriately—and this is one that really cause me consternation. It's where they
state in some other Charter provision that the department heads will appoint a
Deputy or an Assistant. So by using the word Deputy they extended to the
Deputy Corporation Counsels. I would argue, because they used it in the singular
it meant the number two person in that department. For example, because they
have to use the Deputy and Assistant because all other departments of the County
have as their number two person a Deputy, except the Department of Corporation
Counsel who has an Assistant which is the number two person.
But now if we use that argument and say that no, it includes all Deputies and all
Assistants, then I will say this, whoever has been in office all these years, is also
complicit in furthering an illegality. I'm not taking that position. Because we
have in the Police Department three Assistant Chiefs, in the Fire Department three
Assistant Chiefs, none of whom are appointed by the head. They're all subject to
Civil Service laws and Civil Service protections. So if that's the case, if we
follow that interpretation, if we say that all Deputies are appointed by the
department or Corporation Counsel in this situation, then we have to revisit our
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Hawaii County Council-54 November 16, 2016
arrangement with the Police Department and the Fire Department. And I'm not
going to go there, because I think that's incompliance with the County Charter
right now. Now with regard to separation of power—
CHR KANUHA: Mr. Chung, if you could just summarize your point.
MR. CHUNG: Okay, I can wait.
CHR KANUHA: Council Members? Ms. Wille.
Point of Order: MS. WILLE: Point of Order. I would suggest letting him go through the rest. I
know I often get cut off and I hate it. But just so that then we're responding to his
arguments and—
CHR KANUHA: Whatever the Council feels, I'm okay, with that. Mr. Onishi.
MR. ONISHL Chair, I would give Mr. Chung like five minutes.
CHR KANUHA: No, no, I mean if he can finish his point of what he's trying to
make about this original. If you guys are okay with it, Council Members? Okay,
Mr. Chung.
MR. CHUNG: A constitutional, the notion that separation of powers applies here
and they cite the Constitution or reference the Constitution, nope. Separation of
powers is totally irrelevant to this discussion. The separation of powers comes
into play when, for example the executive tries to intrude onto the judiciary
branch or legislative intrudes on judiciary or the executive, no. If we
determine—and again I said, it's a close call. I'm not here saying it's clearly
consistent with the Charter, I said it's a close call. I always did, not only today
but before.
But if you choose to accept that this is not inconsistent with the Charter, then that
means we make the rules, we set up the structure of government and how people
are appointed or removed, and that's all. We're not intruding into the domain of a
different branch of government, we don't even have a judicial branch quite
frankly at the County level. But you know, that's really all I have to say about
that, I'll have more to say afterwards. Thank you.
CHR KANUHA: Thank you. Council Members, discussion? Ms. Wille.
MS. WILLE: Okay, I guess I'm going to probably do this in piecemeal. And I
want to say in terms of separation of power, that I agree with Council
Member Chung. But not saying how I'm going to end up voting. But separation
of power, like if you look at Joe's letter on page two. He says "Separation of
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Hawaii County Council-54 November 16, 2016
power. This principle is a general rule inherent in the American Constitutional
system, that unless otherwise expressly provided or incidental each branch cannot
exercise the powers that would be tradition together..."
So what he's trying to do here, is put in something that's expressly provided,
okay. So I think that it's just in terms of constitutional law, whether what he's
doing is right or wrong. It is our Charter, our Charter has to do with allocation of
power to the different branches and to the people. And that this is where we have
a say so, and separation of power is an important principal. But so is checks and
balances, and there isn't a provision here about checks and balances. You know, I
have this one balance check in terms of not allowing for too much power, and this
is allowing for some overlap. I know when I tried to do my Charter amendments
to allow, so that if the Mayor did not carry out his power that we then would be
able to appoint people to boards and commissions.
I felt that was clear and this is certainly—and I was upset that I did not get this
Council's support. This is certainly far more intrusive on a stronger checks and
balances than what I was doing, which would not take away any power and it was
only when the Mayor refused over a considerable period of time to carry out his
responsibilities that it would default to us. You know, I just want to—I'm not
saying whether I think that with regard to whether his—with our power should go
ahead with this. But I want to say that I agree with him in terms of separation of
power, that's what we're looking at. Their traditional roles. But then at the same
time we're looking at his checks and balances, and we are policy makers. I still
have a question, whether I would prefer something like this to be in the Charter
than as we're doing it here. It does have to do with allocation of power. Molly
can I get you to come here?
(Note: At this time, Corporation Counsel Molly Stebbins came forward to
address the members of the Council.)
MS. STEBBINS: Good morning again, Council. Molly Stebbins, Corporation
Counsel.
MS. WILLE: Okay, so really going to that issue of, you know, we can always
find technicalities, go with the Charter go with not. But again, you know, for me
allocation of power, I think of in terms of the Charter issue. And I don't know
here whether—I'm just thinking through of what he said in terms of appointment
and how we should interpret these provisions. Do you have any comments just in
terms of, maybe we ought to do this but maybe it should be in the Charter? If you
could just respond.
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Hawaii County Council-54 November 16, 2016
MS. STEBBINS: Sure. You know, I think and I previously discussed this with
Mr. Chung, I think that the only provision in the proposed bill that is clearly in
conflict with the Charter is subsection (b), which essentially changes the term of
the Deputies.
MS. WILLE: I just want to go look at subsection—can you read what it says?
MS. STEBBINS: Sure. It says, "A Deputy Corporation Counsel shall remain in
office until he or she resigns, retires, or is discharged pursuant to subsection (a)".
And section 6-5.6 of the Charter does state that the term of the Deputy shall be
coterminous with that of the Mayor. So I see a conflict there, and I think
previously that actually the amendment that was withdrawn at the last hearing of
this bill was attempting to rectify that. That's where I see there being a clear
conflict with what's currently in the Charter.
MS. WILLE: Okay. But you heard his argument that really if you want to just
read that coterminous language, then it's like they are entitled to that term and
then they are no longer at-will employees.
MS. STEBBINS: I don't think calling them coterminous makes them no longer
at-will employees, I mean that may be an argument that could be raised if
somebody felt they were wrongfully terminated. They could say that coterminous
language creates some expectation, but the Deputies do serve at will.
MS. WILLE: Yeah. And I think it's clear in the other sections, but I just, you
know, that basically that language about coterminous I think is trumped by the
other, you know,provisions that makes it clear that it is at will. Okay, let me just
ask Council Member Chung a quick question. Can I have a little latitude in terms
of—?
CHR KANUHA: You can finish your question, Ms. Wille.
MS. WILLE: Okay. As of right now if we were to pass this as it is, we would be
affecting the Human Resources or how employment of certain people at the
current time. Verses say if we were to amend it to July 1, 2017, that would allow
someone to be hired and also sort of quote, unquote "probationary period" or
whatever. So would you be willing to allow for that kind of time for basically the
effective date of what you're talking about?
CHR KANUHA: Mr. Chung, would you like to respond?
MR. CHUNG: Yeah. I don't really understand the question completely. But I
will say I've also circulated a communication, which address that exact same
concern. Except it changes the date, you're looking at July, I'm looking at
December 15.
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Hawaii County Council-54 November 16, 2016
MS. WILLE: Yeah, I'm trying to allow for some time for basically the
department to get sorted out, December 15, is early for me. I'm going to yield.
CHR KANUHA: Mr. Paleka.
MR. PALEKA: Good morning, Molly.
MS. STEBBINS: Good morning.
MR. PALEKA: You know, I have a question regarding—and me I focus mostly
on the professional obligation of attorney and attorney-client privilege, we're
looking at the fifth and sixth amendments. Basically the Corporation Counsel has
the duty to both the Mayor, Administrative Office, and the Legislative Branch,
correct?
MS. STEBBINS: Correct.
MR. PALEKA: That in itself is a conflict. If were speaking specifically
regarding this specific piece and measure, how can one attorney represent both
sides? If we're going to assert that the Mayor would hold one position or the
Administrative Branch hold one positon, and the Legislative Branch hold an
opposing position, how could Corporation Counsel represent both in doing their
professional obligations?
MS. STEBBINS: Well our role is to represent the County as a whole, so I
certainly understand the issue that you're raising. Sometimes being the legal
representative for both the Administration and the Legislative Branch there's
tensions and issues that can arise. And there's been discussion about that for a
long time, if there should be a way to address it, but by Charter our role is to
represent the County as a whole.
MR. PALEKA: Okay, but that's what I'm saying. And both are branches of the
County, so in itself presents a predicament. Because now you're faced with
which positon do you vigorously represent?
MS. STEBBINS: Well I'd like to say that we always just try to take the right
position, and that doesn't change depending on who we're dealing with. Whether
it's the Administration or the Legislative Branch.
MR. PALEKA: Bingo. That's what I'm saying. Technically you have to take
one side over the other, basically. Yes or no?
MS. STEBBINS: I guess I'm not—what are you referring to, if there's a—
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Hawaii County Council-54 November 16, 2016
MR. PALEKA: In this matter, if it would come up for representation in the court
on who is correct, Corporation Counsel would have to take a position.
MS. STEBBINS: When you say this matter, are you talking about this bill?
MR. PALEKA: Yes, this bill.
MS. STEBBINS: If this bill were passed?
MR. PALEKA: Yes.
MS. STEBBINS: And became law of the County?
MR. PALEKA: Yes.
MS. STEBBINS: Then our role is defend the laws of the County.
MR. PALEKA: But we've argued, and there's been arguments and statements
that it's supposed to reside, or these powers of appoint reside within the
Administrative Branch. But if this law passes, now the Corporation—
MS. STEBBINS: No. I don't entirely agree with the arguments that have been
raised regarding separation of powers, you know. I mean the separation of
powers doctrine is, it's—there's not a complete wall of separation. It can be more
fluid. And there's numerous examples in our Charter, where one branch has a
voice in the decisions of another branch. The Mayor veto power being an
example, the Council's role in confirming Mayoral appointments being another.
MR. PALEKA: I can see one remedy to this, then that being a Council that
represents the Administrator Branch, and a Council that represents the Legislator
Branch. As a remedy to avoid any conflict. To me that's the best way to go.
CHR KANUHA: And that's—I mean, because that's a huge discussion, you
know, in and of itself, that we've gone through.
MR. PALEKA: But this bill brings up that issue. Specifically.
MS. WILLE: I apologize. I didn't understand what—
MR. PALEKA: That's okay.
MS. WILLE: You mind letting him repeat what he's—
MR. PALEKA: No, I'm not going to repeat what I said.
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Hawaii County Council-54 November 16, 2016
CHR KANUHA: I don't even know what to repeat. Sorry Danny for cutting you
off Go ahead, continue.
MR. PALEKA: Okay. Basically it has the duty of representation of an attorney,
okay. And my suggestion was that the best remedy in this type of situation were,
you're going to have conflicting opinions or positions regarding especially this
appointment process or naming of positions in a branch that can be arguable that
is Administrative and or Legislative. Because the Corporation Counsel does serve
all of the County, which includes the Legislative Branch.
So the remedy would be that there be Counsel or office that represents the
Administrative Branch, and a Council that is separate and dichotomous from the
existing Council that represents the Legislative Branch. Actually making two
Council's, that would be the best remedy. I mean, if you're looking at logically.
Anyway, in regards to this bill we could do it that way, or we could wrestle with
this idea that it's not straddling the separation of powers. And this is a real hard
one, because there's a duty of representation and professional obligation that is
due to all County Offices.
That in itself presents a very difficult situation. I can see where there's—and
there's been statements today that oh, we're going to be creating a situation where
certain individuals are protected from Civil Service type—creating what is a
quasi-civil service position. Because they're more guaranteed rights, well I will
argue against that. Because maybe the Council is saying we should fire this guy,
and the Administration saying, no, we shouldn't with certain Corporation
Counsel. And having worked a lot with the Civil Services, you know, Civil
Service is a much different ball game. Because it's a lot of the contractual, and
it's a contractual issue, right, when you talk about Civil Service.
It's between the government and the represented collective bargaining unit, and
those contracts are not usually settled in a court of law, that's settled by
arbitration. Which can be very hit or miss in my honest opinion. But anyway I'll
yield.
CHR KANUHA: Thank you, Mr. Paleka. Ms. Poindexter.
MS. POINDEXTER: Okay. After reading Mr. Haitsuka's statement, you know,
he said, "The enactment of Bill 254 in response to the alleged actions of a certain
incoming Corporation Counsel is not proper legislation. Legislation that is passed
to address a particular situation could have unintended consequences and results."
And then he goes on to say further, "In any event, if the Council deems the
incoming Corporation Counsel unfit to serve, the Council's remedy would be
deny his confirmation and not limit his powers by improper legislation."
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Hawaii County Council-54 November 16, 2016
I'm leaning towards that, and I agree with that. So I'm not going to be supporting
this. I was kind of leaning that way of not supporting it the last time, that's why I
did the "kanalua"vote. I feel that the Mayor has the authority to appoint, and we
shouldn't be stripping him of that authority. I feel that when the person the
Mayor appoints comes before the Council that is when it's proper to take action.
And the process is in place already for that. You know, I know that we try to save
people jobs, and we want to help people, but we cannot operate as a social
services agency as well. And that's why policies and rules are put in place. I
would not want to strip the Mayor of his authority to do his appointments. When
they come before us, we can confirm or deny. So I'm not supporting this, thank
you.
CHR KANUHA: Ms. Eoff
MS. EOFF: Thank you. Yeah, and I did vote"yes" on the first reading, because I
wanted to keep the conversation going at that point. I was intrigued that
Mr. Chung admitted that we were a little bit borderline with this. And it was
admittedly introduced to kind of bring to light, a situation that has been happening
with the office that was sort of unfortunate. And Mr. Chung wanted to just save
that from occurring again. But I think since then, and especially when I got
Levi Hookano's testimony early on, and then I was in receipt of Mr. Haitsuka
today. I can see that the attorneys can argue the subtleties of legality forever, I
mean that's what they do.
But I'm just a lay person, but I did work with both Ed and Levi for two years. I
staffed the Charter Commission, and Ed was the Chairperson and Levi was our
attorney. And I've learned to really trust their analysis. So when I read it, it made
complete sense to me. And besides that, Mr. Kamelamela came here today and
pretty much apologized for the way his demeanor was when he went into the
office not too long ago. And he said he did give some of the attorneys the option
to retain their positions.
I think the system that you described where you actually do—Ms. Stebbins, you
described last time that you actually do rehire all the attorneys as of December 5th.
And then I think after that there's a process for them to submit a resignation, and
then be rehired. That I think provides that transition for the office, I mean to my
knowledge this is the first time it's become a real issue. But I believe in the
continuity, I think the lawyers that are working in the Corporation Counsel office
right now have valuable historical information that should be transitioned to a
new Administration. I don't know how many would stay, or if that's going to
happen. But I think there's value there.
And I kind of believed that Mr. Kamelamela was apologetic about creating a
feeling among the attorneys that there was something unfair happening. So I
would say that Mr. Chung achieved his goal of bringing the conversation to light,
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Hawaii County Council-54 November 16, 2016
and flushing out issues here. I don't know, I'm not really willing to support this
any longer, because I think that if it's a slippery slope we might be going into a
wrong direction. And I think the County attorneys basically yeah, they represent
the County, they represent us, they represent the Administration and they
represent the people of the County. So in that way sometimes there are
uncomfortable situations, but that's a whole other issue that we might need to
address later.
So for now, I just want to thank Mr. Chung, I think it was good that he felt the
need to bring some of this to our attention. I wouldn't of probably known
anything that went on, and whether it's my right to have an opinion or not. I'm
kind of afraid to go down this road. I don't have the expertise even to interview
deputies to know if they should be hired or not. I think that is the job of the
Corporation Counsel, who we do have to confirm. So at this time I'm leaning
towards the recommendations from the people that submitted testimony in
opposition to Bill 254.
CHR KANUHA: Mr. Onishi.
MR. ONISHL Thank you, Mr. Chair. I'm going to have to make comments first,
on the two comments that were done earlier before me. One the head of the
Corporation Counsel, yes, the Council is going to approve that, right, they're
going to confirm that. The deputies, they're all appointed by whoever, it could be
by the head of Corporation Counsel or could be also with the Mayor's help, okay.
Second thing was mentioned about--oh, Levi. Levi under the Council was a
legal specialist, okay. During my first term he was our legal specialist, but he
could not represent us if something happened. Like if we had to go to court he
wouldn't be able to, we always had to refer back to Corporation Counsel for their
opinion. So we're talking about two different situations, okay. And I got to agree
like with what Mr. Paleka mentioned. They represent the people, which is
correct. But they also give opinions to Administration and also to the Council,
okay.
So now I'm going to bring a situation that happen back then, when I was on the
Council. Corporation Counsel gave opinions to Council Members about what the
procedure supposed to be. They did not follow what the opinion of Corporation
Counsel said, so then there was a lawsuit, okay. The Council at that time voted to
say, that because you didn't listen to Corporation Counsel and you did it on your
own you get your own representation. And if you win, then we'll look at
considering to pay your expenses, okay.
So to me, we need to have that power. And I'm happy that Mr. Chung did it,
because this is the only department that we can have a say who's going to
represent us. And in fact I like mention one more thing. Back then those Council
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Hawaii County Council-54 November 16, 2016
Members wanted separation from Corporation Counsel, because they felt
Corporation Counsel wasn't representing the Council correctly, right. And they
were one sided, so they wanted—we're our own. So you got to look back at
history, you've got to look back at what happened, and you've got to look at who
are they representing. They representing us right now. I mean when you do
legislation we go and we ask them, right, what's your opinion? They give us their
opinion, and then we follow through. You go against that, they're not going to
represent you, right, most times.
But the thing is, you folks need to understand by doing this, this will help you
folks. Because now, if say you had someone that you really respect in the
department, right, and now that person going be let go and then that person was
really good and gave good advice, was always there for us and now for whatever
reasons they're going to get let go. Don't you think you guys want to fight for
that person? You don't want to lose somebody good. So this is an opportunity
right now for you folks to have a voice, and if you folks don't want that, then fine.
But like I tell you, in past histories—that's why even for us we don't have a legal
specialist right now.
Right, for why? Because we have Corporation Counsel. Because we used to send
documents to our legal specialist, then we would have to also refer it back to
Corporation Counsel to get their okay. But so I'm just telling you guys because
I'm not going to be around. But I'm going to support this, because I want to give
you guys more power and more say. Thank you.
CHR KANUHA: Okay, we're still on first round. Mr. Chung.
MR. CHUNG: No, I just have a question. And maybe I can segue into a
discussion too. You know, Ms. Poindexter, I just want to make sure that
everybody has the right set of facts and information, yeah. So she made the
statement, and I'm not reading this verbatim. Mayor appoints, we shouldn't be
stripping him of that, but I'm just wondering what she meant by that. If I could
just get some clarification.
MS. POINDEXTER: Yeah. Well the Mayor has the right to appoint.
MR. CHUNG: Appoint who?
MS. POINDEXTER: Appoint the Corporation Counsel, and then the Corporation
Counsel duties. The reason why he's appointing the Corporation Counsel is
because he has a trust in that person that would do the right thing with the
deputies and his department. But when we strip him of that, that means, I mean
we're in charge, we're interfering with that entire process. And the department
that the Mayor himself feels that he has put this trust into this person to make that
decision.
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Hawaii County Council-54 November 16, 2016
MR. CHUNG: Yeah, okay. I just wanted that clarification, now can I go into my
discussion part?
CHR KANUHA: Go right ahead.
MR. CHUNG: It might take a little more than three minutes, I hope you guys
give me a little bit leeway.
CHR KANUHA: We give five actually.
MR. CHUNG: Oh, I get five, thanks. Yeah, you know, I did mention, you know,
to one member of this Council I knew who was going to be voting from the
original vote, I knew that already. And you know, it's okay, I don't hold it
against anybody. Whether this thing passes or doesn't pass, the world not going
come to an end, right. I'm suspecting we may have enough votes, it's going to be
a close call. But it's still going to be subject to veto. If we don't have six votes,
and we don't know how other members, you know, the incoming members feel
we don't have enough too.
If we only have five votes I wouldn't even think about a veto override, I don't
want to waste anybody's time. I think my point has been made, okay. But I want
to address, you know, some of the points that have been brought up, and really
wish you guys would listen carefully, okay, on this please. Okay, and you guys
vote however you want this, as I said, you know, I made my point.
Some of you, and you know, Ms. Poindexter stated that the Mayor appoints and
he places his trust in someone, right. But under that arrangement, when you talk
about the Mayor appointing, the County Council still confirms. We have an
involvement in that, okay, so I don't see why that shouldn't extend to the
deputies. Ms. Eoff said specifically, she does not have the ability to interview
deputies, but then we have the ability to interview Corp Counsel, the boss. If we
have the ability to interview the boss, we certainly have the ability to interview
deputies that serve under the boss, and serve not only the Mayor but County
Council. This is a unique department.
Mr. Onishi brought up, you know, the tenuous situation that comes up from time
to time. And you know, quite frankly a person like Ms. Ford would actually
embrace something like this being, you know, having her experience here in the
County Council. It's really not about whether it's legal of violative of the
Charter. Let's not mistake, okay, there's something else afoot over here. But I'll
leave that alone. I was real honest with all of you guys why I brought this up. I
said it, right at the front end.
I didn't mince words, I didn't try to say well you know what, this this is
something that I always thought about—no. I told you guys straight, honesty is
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Hawaii County Council-54 November 16, 2016
the best policy as far as I'm concerned, so at least you guys know what the
impetus was. And it was because Joe, the nominee, who hadn't even been
confirmed by this Council was acting very badly towards the people in that
department, rather presumptuously. Now I ask him, well did you apologize? He
said of course, which means he did something wrong, that's what you do, right,
you apologize. So he acknowledged that he was not, you know—from what I
heard he was very rude, okay. But now he corrected it, and I will say this and I
could be wrong. I don't think it was Joe Kamelamela who on his own went and
talk to these people. I'll bet you Harry Kim who always stood for what is right
told him, Joe what you're doing is not right. I firmly believe that, and I could be
wrong. And so Joe corrected the situation at the direction of Mayor-elect. That is
my belief, okay.
But really a lot of this has become moot on many, many, levels. Because again, I
point out to Joe Kamelamela who is the appointee designate or designee, he has
written in a testimony. But you know, I guess it could extend to him, you know,
it being an opinion that these guys serve at the duration of the Mayor. That's the
same term that means you cannot kick people out. That's what he said,
coterminous. If you guys want to go with a strict reading of this Charter, these
guys—once Molly appoints them come December 1st because she's still going to
be the Corporation Counsel until someone else is appointed and confirmed.
Once she appoints they're in for four years, and Joe's testimony bears that out. I
think that's kind of ridiculous too, right. But you guys are going to have to
resolve in your mind if you guys vote against this, well whoever you guys really
going to have to resolve in your mind how we handle the situations of Assistance
Fire Chiefs, and Assistance Police Chiefs. Because as Ms. Eoff pointed out she
agrees with Mr. Haitsuka's opinion. And it specifically says here that agency
heads, Police Chiefs, Fire Chiefs, Corp. Counsel, have the power to appoint and
remove a deputy or assistant.
I'm taking the position that it's in the singular, it has to be. But if you guys say
it's in the plural, then you go and talk to all the Fire Assistant Chiefs, and the
Police Assistant Chiefs. And say, "Hey sorry, you know, we've been doing
things wrong all these years, you guys are supposed to be appointed by the
appointing agency head and you guys are all at-will employees." But really
doesn't matter to me already. I got enough ammunition toI think we
CHR KANUHA: Mr. Chung, I'm going to come back to you.
MR. CHUNG: Thank you.
CHR KANUHA: Ms. Wille.
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Hawaii County Council-54 November 16, 2016
MS. WILLE: On the issue of whether this bill creates a property right, I don't
agree with that and I don't with all the stuff about the Fire Department and all of
that stuff And I basically feel that this County is a little bit—that their branch or
the Council really should have more power than it does, and that the Corporation
Counsel is supposed to represent not just the Mayor but also us. And yet I have
found in the past when it came down to being one or the other, it tipped in favor
of the Mayor.
And I do think when we say things haven't happened in the past for me when, you
know, Kathy Garson got as far as I'm concerned, removed. I was very upset
about that, I thought she was one of the best people I worked with;perhaps the
best. And I did ask Molly, you know, what's going on, was this Kathy's own
doing? And it wasn't Kathy's own doing. So I think that we are supposed to
confirm these people, so we're supposed to, you know—so having some say over
whether they are let go or not. I don't see the difference in whether we confirm
hiring, or confirm dismissal. I mean if it had been that Molly had to come here
and say with regard to Kathy and Craig that we have to oversee it, it might be that
they haven't been let go. I don't know, you know, I have no idea exactly what
happened there. I would like to bring Ms. Ford up. As long as you don't get into
whatever Council Member Chung, and what's a shame and shameful. Let's not
go there.
CHR KANUHA: If you have specific questions for her.
MS. WILLE: Yes, right. Ms. Ford, I mean basically the Charter does define us
different roles, and we do confirm appointments. And with regard to why would
it be that much different if we're confirming somebody's dismissal as confirming
letting them go. And I see the green light thing on, and I'm not going to pay
attention to that.
CHR KANUHA: I'll pay attention to that.
MS. WILLE: Go, when you're going to have
(Note: At this time, former Council Member Brenda Ford came forward
to address the members of the Council.)
MS. FORD: Okay, I'm not sure of this question, because it's brought on
questions. So if you want to break it down.
MS. WILLE: I want to break through confirming somebody's appointment, and
just confirming their dismissal as the role of the Council, and why is that so
different?
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Hawaii County Council-54 November 16, 2016
MS. FORD: The Charter defines that fact that Council confirms or denies, the
appointment of department heads including the Corporation Counsel. It's defined
in the Charter, the Charter says nothing about the Council confirming a dismissal
or hiring of deputies within the department. Nor do we get involved with the
hiring of people in Parks and Rec or the Police Department. By the way the
Police and Fire Department are unionized, and their contracts trump a whole
bunch of stuff So you've got to remember that there's a big difference between a
unionized department, and an at-will department that Molly is the head of at this
point and time.
But the thing she said is that there are some things that the Charter allows, like
Mayor can veto, the Council can override a veto. You didn't mention that, but the
Council can override a veto. There are certain things that the Charter allows.
MS. WILLE: Okay, I got
MS. FORD: Okay.
MS. WILLE: Good answer on that. And with regard to separation of power, it is
separation of power but is also is less expressly provided for.
MS. FORD: And it is not expressly provided in the Charter.
MS. WILLE: Okay, it is not expressly provided in the Charter, but it isn't
necessarily saying where it would be expressly provided for.
MS. FORD: You wouldn't—my opinion, I am not an attorney, I've been on the
Council for eight years. My opinion is unless it is exclusively defined in the
Charter, you guys have no right to interfere with operations of the Office of the
Corporation Counsel or any other department for that matter.
MS. WILLE: Okay. But the Corporation Counsel is supposed to serve us, and
not just the Mayor.
CHR KANUHA: Ms. Wille, I want the debate to happen up here.
MS. WILLE: Okay.
CHR KANUHA: You know, you can
MS. WILLE: Okay.
CHR KANUHA: Instead of, you know, back and forth type of debate, which I
appreciate. But I really wanted to
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Hawaii County Council-54 November 16, 2016
MS. WILLE: Yeah, no, I agree. I just wanted her to respond on those issues that
I—what it is. Okay. You know, I'd like to move to amend Bill 254 with
Communication 1142.3.
Motion to Amend: Ms. Wille moved to amend Bill 254 with the contents of
Comm. 1142.3. Seconded by Ms. Poindexter.
CHR KANUHA: Ms. Wille.
MS. WILLE: Okay, and I brought this up last time when we discussed, sort of
taking this whole issue out of the immediate hiring and firing of any particular
people. I actually would have preferred if there hadn't been that exchange before,
about what Joe had done or rescinded or whatever. Because I don't think that we
should be getting into that, but what this amendment would do is it would say that
this does not become effective until July 1, 2017,which allows at least six months
for the current Mayor and the Corporation Counsel to sort out who would be their
choices for who would be in that department. And so that it isif they wanted to
allow some who were in there, a probationary period, which is something that
Council Member Chung had brought up the last time.
You know, I think that thisI just want to stay out of where we're dealing with
particular personalities. And you know, I also want to just say, along this line
with respect to Joe Kamelamela, and staying out specific persons is that I don't
believe he would have done this independent of Harry Kim. I think Harry Kim
was involved in this, and I think there's been a lot of contention between Mayor-
elect Kim and the current Mayor Kenoi. And Mayor Kenoi has power, and I
think the people that were out before, were probably removed because they did
not necessarily agree with Mayor Kenoi or Corporation Counsel choices.
So I would like to at least get us out of where we're dealing with individual
personalities, and who we're hiring and firing. And then we look at this bill, I
think in terms of whether it really should be in the Charter or not. But at least this
takes it out of the personality issues. Anyway I yield on my motion to amend.
CHR KANUHA: Thank you, Ms. Wille. Okay, on the amendment,just placing
the date to July 1, 2017. Ms. Eoff
MS EOFF: Well I really didn't have a comment on that.
CHR KANUHA: Oh.
MS. EOFF: Except for that I'm not really willing to support the bill, so I don't
think I'll support the amendment.
CHR KANUHA: Okay. Mr. Chung.
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Hawaii County Council-54 November 16, 2016
MR. CHUNG: Yeah, this is rather funny actually. Because I was, you know, I
have my own amendment which would have made it December 15 effective.
What Ms. Wille is doing here at least it validates in her mind that this thing will
pass Charter muster, okay. And you know, quite frankly it doesn't really matter
to me, as I said much of this is moved already. I could be hard headed and go for
December 15, but I'll support her. I have no problem if that's what it's going to
take to get Ms. Wille on board, I certainly will go for that. Because we have, as I
said, enough ammunition to protect good people, and that's all it is, that's all this
bill was all about;protecting good people. You articulated that as well.
I've also got to say something though, I do not believe that Harry Kim was
involved in this. I certainly do not, that's not what he stands for. I don't back
him up too often, but I'm going to back him up on this occasion, yeah. Thank
you.
CHR KANUHA: Mr. Onishi.
MR. ONISHL Thank you, Mr. Chair. So Ms. Wille, can I ask Ms. Wille a
question?
CHR KANUHA: On the amendment?
MR. ONISHL Yes.
CHR KANUHA: Yeah.
MR. ONISHL Okay, so you really serious about having this for July, starting in
July? So if we do pass this that means you'll support the bill?
MS. WILLE: I'm leaning that way. I'm still listening to all of the discussions.
MR. ONISHL I mean, I don't think that there's much more discussion, because I
think everybody said their piece. But I don't see—if you're not going to vote for
it, then why should we be passing this amendment?
MS. WILLE: You make your choice.
MR. ONISHL Yeah. Okay, thank you.
CHR KANUHA: Thank you, Mr. Onishi. Any more discussion Mr. Paleka, or
Ms. Poindexter?
MS. POINDEXTER: I just want to reiterate what I've already said, but add that
the check and balances are in place already. Mayor appoints and then, you know,
his authority to appoint, and the Council has the authority to accept or deny. So if
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Hawaii County Council-54 November 16, 2016
we feel the person may not be doing what is the right thing, I think that's what
brought all of this up. Then we have that choice. And I want to follow the
Charter with how I read it, and I appreciate everybody else's opinions as well.
And I'll just vote the way I vote, so I'm not supporting this. Thank you.
CHR KANUHA: Did you have an opinion on the amendment?
MS. POINDEXTER: Are we still on the amendment? I'm sorry.
CHR KANUHA: That's alright I'll let you go a little bit.
MS. POINDEXTER: I'm sorry, I apologize. So I'm not supporting the
amendment, because I'm not supporting this overall. Thank you.
CHR KANUHA: Ms. Wille.
MS. WILLE: Yeah. But I would ask you to support the amendment, because if it
passes at least it takes us beyond the immediate hiring and firing. So even if
you're going to vote against the bill, I would urge you, consistent with what you
all said, to support the amendment.
CHR KANUHA: Okay. Any other discussion Council Members on the
amendment? Mr. Eagan.
MR. ILAGAN: Thank you, Mr. Chairman. Did I hear it correctly from
Mr. Onishi that he said that you're not going to vote on this amendment? But
you're urging us to vote for it.
MS. WILLE: I am supporting this amendment.
CHR KANUHA: This is Ms. Wille's amendment.
MR ILAGAN: Okay. I guess the clarification is he meant the whole bill, and
that's what I wanted to make sure.
MS. WILLE: I didn't answer him on that.
CHR KANUHA: Yeah. Thank you, Ms. Wille, for the clarification. Any other
discussion on the amendment? Okay, I guess we can go for the vote now.
Mr. Clerk,just do a roll call please.
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Hawaii County Council-54 November 16, 2016
Vote on Amendment: The motion to amend Bill 254 with the contents of
(Approved) Comm. 1142.3 was carried by the following roll call vote:
Ayes: Council Members Chung, Ragan, Onishi,
Paleka, Poindexter, Wille and
Chair Kanuha—7.
Noes: Council Member Eoff— 1.
Absent: Council Member David— 1.
Excused: None.
(Note: Mr. Onishi voted"kanalua," then "aye.")
CHR KANUHA: Okay, motion passes. Since this is second and final reading
this bill will be held over to the next Council meeting unless there's a
MR. ONISHL I'll make a motion to suspend the rules, for the hold-over.
CHR KANUHA: So that we can hear this bill and discuss this bill today.
MR. ONISHL Yes.
Vote on Motion Mr. Onishi moved to suspend Council Rule 24 to waive
to Suspend the holdover for substantive amendment of Bill 254.
Council Rules: Seconded by Mr. Paleka and carried by the following
(Approved) roll call vote:
Ayes: Council Members Chung, Ragan, Onishi,
Paleka, Wille, and Chair Kanuha—6.
Noes: Council Members Eoff and Poindexter—2.
Absent: Council Member David— 1.
Excused: None.
CHR KANUHA: Motion passes. So that we can discuss Bill 254 as amended
right now. Mr. Chung.
MR. CHUNG: Thank you. You know, with regards to Ms. Ford's assertion that
the Charter says nothing about hiring or firing of deputies and therefore anything
that intrudes in that area is violative of the Charter, that's the most ridiculous
thing I've ever heard quite frankly. We have things in here relating to the Office
of Corporation Counsel contained in our County Code, they're not mentioned in
the County Charter and they're here. With regard to the Assistant Chiefs being
civil services so you mean to tell me under that interpretation we may as well
make all the Deputy Corporation Counsels civil service too. Because if you guys
take the position that this is in violation of the Charter, if this bill is in violation of
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Hawaii County Council-54 November 16, 2016
the Charter then that means that the deputiesI mean you could use the same
argument and say the deputies now can be civil service and if you guys want to go
there, that's fine too. That's perfectly okay.
But I'm telling you right now, only because people are under civil service does
not mean it's in compliance with the law. My interpretation allows for this, it
allows for the Assistant Fire Chiefs and Police Chiefs to remain under the civil
service protection. You and you, your positions are indicative of—you guys are
validating an illegal practice that has been going on in this County. That's my
feeling anyway. You know, I'm kind of disappointed in some members here, and
I've got to reiterate it doesn't matter already whether this passes or not.
And it is going to get vetoed I know, and we're not going to override it, big deal.
But to me Council Members should always try to have as much say in people who
serve us. This is not a civil service position, if it were a civil service position we
don't get involved. These are appointed positions and this department has
probably next to Housing the most appointed positions, and high paying ones at
that. You know, Molly brought up a point saying that the only thing she saw as
being violative of the Charter was subsection (b). "A Deputy Corporation
Counsel shall remain in Office until he or she resigns, retires, or is discharged
pursuant to subsection (a)."
What I would say is this, yeah, if you look at it perhaps on its face it may be. I'm
not going to dispute that. But I will also say this, that whenever you have these
types of provisions you have to try and make them fit and to be legal first, unless
it is directly in conflict with a law, or in this situation the Charter. See if I had
changed, if I had provided for a total reworking of how the Corporation Counsel
and Assistant are appointed and confirmed that would be in clear violation of the
County Charter. Ms. Ford already said this thing is silent. If it's silent, we can
work it. But this is really—if I were Mayor I would veto this, because I want
more power. But I think from the Council side, you guys really should think
about this. Thank you.
CHR KANUHA: Ms. Poindexter.
MS. POINDEXTER: Yeah. I just want to say, I disagree with Council
Member Chung, because I know that I'm not acting in an illegal fashion. And
that I am depending on the Charter, and however anybody wants to interpret their
own way of the Charter, that's their own decision. I'm sticking to the fact that
there is a check and balance in place, and if we don't agree on how it's run then
we can vote the person in or we can confirm him or deny him. And the other
thing is yes, the previous meeting I did speak about maybe we should have these
put into civil service and we should work towards that direction.
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Hawaii County Council-54 November 16, 2016
If we heard some of the testimony from the last time to saying, you know, the
continuity is important, re-training somebody for trial in the work that they're
doing in this Corp. Counsel office. It's not easy to start all fresh and get new
attorneys and start, you know, cannot hit the ground running. So maybe we
should look at the long term, instead of knee jerk reactions into these situations
that will have unintended consequences. So I am still not supporting this. Thank
you.
CHR KANUHA: Mr. Onishi.
MR. ONISHL I guess it was mentioned—thank you, Mr. Chair. It was
mentioned about our Fire Department and Police are unionized, right, it was
brought up, right? But Parks and Rec is the same, Public Works is the same, and
Planning, all unionized the employees. Except only the Director and the Deputy,
but everybody else is. So like Mr. Chung mentioned if it's in the Charter about
how the appointments should be, then saying unionized on those two departments
it's not fair because we have all the other departments. The only other department
that is not unionized is Corporation Counsel, right? Is that true?
(Note: At this time Corporation Counsel Molly Stebbins came forward to
address the members of the Council.)
MS. STEBBINS: We have union employees, but the attorneys are all
MR. ONISHL The deputies?
MS. STEBBINS: The deputies are all non-union, correct.
MR. ONISHL Right. And then is Housing Authority the same way?
MS. STEBBINS: I think Housing is primarily the same way.
MR. ONISHL Okay. So that's the only two. But other than that every
department, they're union. The employees was civil service employees, right. So
I just wanted to make that, that it's not only those two departments but there's
multiple departments in the County that are. Thank you.
CHR KANUHA: Thank you. Ms. Eoff
MS. EOFF: Thank you. Fire and Police have other differences regarding even
the appointment of the Chief. And I think with Corp. Counsel there's the
difference with the appointment and the removal of the Corp. Counsel, because
they do represent both branches of the Government. You know, anything you do
here has pros and cons. I think it would be—it's a different discussion to me
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Hawaii County Council-54 November 16, 2016
about the ability of the Corp. Counsel to serve both branches that's valid. We've
had that discussion before, and there's been presented pros and cons of whether to
go a different direction. But I believe that would require Charter language.
Just as I with this bill, I think Mr. Chung did bring up good points. And I
understood them the first discussion, and I understand what he's advocating for
today. And maybe that is a good discussion for a potential Charter change.
Although when I think about it, like I said it's not that I don't feel I don't have the
right to interview a deputy just as I do for appointment with Corp. Counsel. But
it's more about the operation of the department, and the head of the department
has to work with those people that are hired.
I don't know how much, me as a Council person needs to be involved with the
hiring of all of those deputies. But it's something I would consider, because I do
see the argument they represent the Council as well. So but I would consider that
maybe more realistically as a Charter amendment. I just feel that this bill came as
a reaction, which you admitted and I'm not sure if I can really make the proper
decision with my layman's background. I know you as an attorney can
substantiate your belief coming from a lot of background, and someone who
argues like Mr. Haitsuka and other attorneys, they can argue their position.
But I feel I'd rather take a safer route right now, and not react to this current
situation. I hope this current situation is resolved and some of the attorney's that
will be asked to stay will do so, and I think some, you know, may not. But I'm
just uncomfortable making this change in this manner, and I would prefer us to
discuss it as a potential Charter change in the future. Thank you.
CHR KANUHA: Mr. Paleka.
MR. PALEKA: I like the conversation where you brought up about civil service,
because I have a little bit of knowledge about civil service. Okay, so Molly, your
position is an exempt managerial position.
MS. STEBBINS: What are you asking? The Corp. Counsel position?
MR. PALEKA: Yeah, it's classified as an exempt managerial or ? Anyway I
can go find out exactly what the classification is. Anyway in terms of civil
service, you do have civil services employees you have clerks and
MS. STEBBINS: We do have civil service employees, yes.
MR. PALEKA: Okay. Are any of the attorneys civil service?
MS. STEBBINS: No.
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Hawaii County Council-54 November 16, 2016
MR. PALEKA: Okay. Why? Because it's a profession, okay. We have
collective bargaining units that do represent our upa, our professors and faculty.
But that's a totally different question, regarding civil service and trying to apply
to our attorneys. Now for myself this is not about personalities or anything, it's
about positions, okay. And what those duties are. It comes down to those
obligations and that's where the conflict lies, and we cannot get around the fact
that the conflict does exist.
The conflict exists that an attorney must represent the Council, the County, and its
employees, and the Mayor. The only way of getting around that is to remedy that,
and create representation for where you think it's appropriate and necessary or
else your still going to come down to this. Logically there's going be one side
against the other. And there's going to be situations where Administration
disagrees with the Legislature, period. So that's one remedy. And I do want to
say that it's a very difficult position, and I'm going to respect the professionalism
of the Corporation Counsel because they're put in a hard position. And they do
understand, the attorneys give an oath of service and obligation to their clients.
You know, on their bar. So I can certainly sympathize with them that difficult
thing itself is going to present itself. But that duty representation is where I as a
former civil service employer or employee, and even a representative, that duty of
representation should never be a bridge, never, because that's their oath to defend
their client to the utmost of their ability.
And because there are situations where to me, they're not really able to do that
there's a logic. You have two sides, you cannot defend two sides. Regarding
civil service, you know me, I'm always "Hey let's do it." If you can have
attorneys that are civil service employees, let's create a bargaining. You guys go
for it, create a bargaining unit number 14. Good, I love it. And that would be
good if we had staff attorneys. But there is a managerial positon, and when you
look at all the contracts there's usually a section there, management's right to
manage. And that's because if differentiates between the managerial positions in
a department and the staff So Molly and her assistant or deputy are the
managers, they can fire or discharge or create any type of personnel action that
they would think in their power and appropriate to call, or for cause in accordance
with the contract. That's their managerial positon responsibilities.
Now we're going say, but we're overstepping our bounds in us having more say
in the appointment of the position of the Corporation Counsel, I'd have to
disagree. Mainly because of that attorney-client not privilege, well it is a
privilege, we're due a privilege of the best representation for us, the Council is the
body when you're differentiating between the branches. You know, I appreciate
everybody's discussion. I think this is a super healthy discussion, because it
brings up a lot of issues. But I'm going to support this, because I want to see
more discussion and rectify this situation. Thank you.
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Hawaii County Council-54 November 16, 2016
CHR KANUHA: I have no idea who's next. We're still on first round, so I think
Ms. Wille is on first round. And again for clarification, I'm doing whole rounds
over again, because this is an amended bill now. Ms. Wille.
MS. WILLE: I want just a quick comment to Council Member Chung. You
know, I don't think you ought to be disappointed with how anyone here votes.
Obviously you've said this is close, non-attorney. You're going to want
to—we're doing this as a rush job, you know, and has a lot of issues. And I
certainly—all of the decisions that have been stated, I think that—are really
commendable and appropriate. And whereas maybe the two of us are a little
bolder, and think we know more because we are attorneys. You know, we
shouldn't be criticizing others.
Of course now, I was disappointed with my bills or proposed Charter amendments
that would have given us a little more power. And even less than this, and I
didn't have the support. And I also if you recall, I did a bill way back when,
when Lincoln Ashida was Corporation Counsel, wanting to have a separate
attorney for us. And not just because there's two hats, I felt there was three hats,
because representing the Council, the Mayor in his role as Mayor and on his
cabinet which brings him in a personal, his future and that Administrations future.
You know, I look back, you know, Kathy Garson was supported and wrote the
bills on the GMO (Genetically Modified Organism). Very commendable bill, it
should be cast with the Ninth Circuit.
So she's out, what if someone told me she's out because she supported the GMO
bill, or somebody else.
CHR KANUHA: We shouldn't get specific, too.
MS. WILLE: Okay. Or whoever. And it was, you know, I would feel a little
better if she had come to Molly and to come before us, you know, why are these
XYZ being removed? So I think having just athere's little bit more hesitation
in terms of doing that. One question Molly, what Council Member Chung said is
that you're concerned in terms of something would be illegal, or inconsistent with
the Charter was under that section (b) or the one coterminous. Where are the
Charter issues?
CHR KANUHA: And again, if there's anything different that we want to bring
up for the second round that we already haven't heard, so that we can keep the
conversation
MS. WILLE: Okay. I'm not clear on that.
CHR KANUHA: Okay.
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Hawaii County Council-54 November 16, 2016
MS. WILLE: That's why I'm bringing, and he pinpointed that and I want to
make sure that his representation of her is, you know, the issue for you.
MS. STEBBINS: Right. So subsection (b) of the bill states that a Deputy
Corporation Counsel shall remain in office until he or she resigns, retires, or is
discharged pursuant to subsection (a). The Charter currently provides that the
deputies shall be coterminous with the Mayor, so I think right there you have a
conflict.
MS. WILLE: Okay. Which to me doesn't really, I don't see that as a
CHR KANUHA: Microphone.
MS. WILLE: I don't really see that, because if it is that way then why couldn't of
the Mayor—why can't they be dismissed by the Mayor? I do think by moving
this to July 1, 2017, for me, it takes it of—we're dealing with specific people and
it gives the Mayor the freedom to appoint whoever he wants. Gives him time to
do what he wants if he wants probation period. And I think that one should not be
second guessing Mayor Kenoi or Joe Kamelamela. So I'm going to support this
with the amendment. And I think that it will be six or seven months if there's
something really wrong to make that correction and deal with it. I'm not sure that
really it will be vetoed, because it's probably really keeping some of Billy Kenoi
appointees in there. But anyway again, I'm not supposed to bring up names. But
I think that if there are issues, that it gives this Council time to review it again and
again. So in support of this, Council I will be voting in favor of this amendment.
CHR KANUHA: Mr. Chung.
MR. CHUNG: Thank you. So many issues here. I'm going to spend some time,
but it's kind of interesting that, you know, you can be disappointed but I cannot
be disappointed. Nah, I'm just joking, I'm joking. And if I projected that, I really
do apologize. But I'm still somewhat disappointed to any person on this Council
who might, you know, try to vest more power in the Mayor, vis-a-vis the Council,
that would kind of disappoint me. And if anyone falls into that category, well
then I'm kind of disappointed, I have to admit.
You know, I was reading Ed Haitsuka's opinion, and you know, it gets back to
this section 4-5 of the Charter. The agency heads have the power to appoint and
remove a Deputy or Assistant, Private Secretary et cetera. And then it goes on to
say Bill 254 conflicts with the Charter, because it is clear that the Charter gives
the power to appoint Deputy Corporation Counsel to the Corporation Counsel,
without the approval of the Mayor and the Council. Where's that provided for in
the Charter? It doesn't say that the Corporation Counsel shall appoint Deputies,
he makes up his own Charter provision in his argument. It doesn't say that, so we
are clarifying how they get appointed.
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Hawaii County Council-54 November 16, 2016
If you look at the language of this bill it specifically says the Corporation Counsel
may appoint Deputy Corporation Counsel, and we prescribe the method by which
they are appointed. Really no different almost than how that person him or
herself is appointed, but none the less. I'll tell you what's going to happen in all
of this, because we were talking about if you look at all of these, you know, Ed
and Mr. Levi Hookano they talked about the practical ramifications of this, okay,
and even Ms. Ford talked about it. We'll be embroiled in a lawsuit blah, blah,
blah—no.
This is what's going to happen. First I believe Molly and I respect your opinion,
okay. We can beg to differ on different issues. She's going to advise the Mayor
that this is violative of the Charter, although I believe it is not, though, okay.
Because I think we can use that provision subsection (b) in the context of the
Charter, it's still coterminous with the Mayor but within the context of that term,
this is how they are arranged. But she'll probably advise the Mayor that it is in
violation of the Charter, the Mayor in all likelihood will veto. If he doesn't veto,
it becomes law.
Joe Kamelamela may or may not, but probably in all likelihood will become the
Corporation Counsel. Now he's the one who's going to have to enforce these
laws. And it relates directly to his office and his hiring practices. So what does
he do? He will now maybe hire or fire someone in violation of the bill, the
ordinance, and what can we do? He's the guy who represents us, right. So we
can't do anything, and I'm certainly not going toI don't have, you know, as
much resources as Ms. Ford to go and file a lawsuit enforcing this thing. But I'll
say this, really a lot of the issues are moot. So we're not going to be embroiled in
a lawsuit, unless one of the Deputies who's fired brings it up then that's a
different issue. But it's not going to be out of the County's pocket, okay. Unless
they win and the firing was illegal, which means this bill passes Charter muster so
it's not going to come out of the County, okay.
And so, you know, that's the practical situation. And to me if I were Deputy
Corporation Counsel who got removed during Mr. Kamelamela's tenure there, all
I would do is pull out his opinion and say "Hey Mr. Kamelamela, boss, you said
that we are coterminous with the Mayor. That's a four-year gig, we cannot get
terminated. You said in your own testimony to Hawaii County Council, to have
the same duration of time with the current Mayor. This presupposes, you cannot
kick somebody out." I disagree with it, but if that's the opinion of the Corp.
Counsel or Corp. Counsel to be, well then so be it. Thank you.
CHR KANUHA: Okay, who was next? Second round. I think we've all heard
everybody's opinions, extensive opinions about this, and everybody's ready for
the vote. I'm not going to try and convince anybody whether to go one way or the
other, but I think we're ready. Mr. Clerk, roll call please.
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Hawaii County Council-54 November 16, 2016
Vote on Bill 254: The motion to pass Bill 254, as amended to Draft 2, on
Draft 2 second and final reading was carried by the following roll
(Adopted) call vote:
Ayes: Council Members Chung, Ragan, Onishi,
Paleka, Wille, and Chair Kanuha—6.
Noes: Council Members Eoff and Poindexter—2.
Absent: Council Member David— 1.
Excused: None.
CHR KANUHA: Thank you, motion passes and that's that. Council Members
12:30. Let's go through it, I think there are a lot of easier topics. So let's just go
through it, if that's fine with you guys. Mr. Clerk, let's just go to the top.
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
RESOLUTIONS: of Resolutions.
(Note: Items in this category were taken up previously, out of order.)
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
Postponed: November 2, 2016
(Note: There is a motion by Mr. Ilagan, seconded by Mr. Paleka, to approve
Res. 668-16.)
CHR KANUHA: So current motion on the floor, Mr. Eagan.
MR. ILAGAN: Thank you, Mr. Chairman. I move to amend Resolution 668-16
with the contents of Comm. 1088.1.
Motion to Amend: Mr. Eagan moved to amend Res. 668-16 with the contents of
Comm. 1088.1. Seconded by Mr. Onishi.
CHR KANUHA: Mr. Eagan.
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Hawaii County Council-54 November 16, 2016
MR. ILAGAN: Thank you, Mr. Chairman. Simply the amendment is to grant a
reasonable exemptions to the requirements of this article upon the consultation as
appropriate with the Director of Public Works, Fire Chief, or the Police Chief to
accommodate using conditions of or unusual street or land use patterns. So we're
asking the Director to do the naming, and this is what the amendment does. I ask
for your support Council.
CHR KANUHA: Thank you. Discussion Council Members on the amendment,
if you all have it in your hand to discuss. Mr. Paleka.
MR. PALEKA: I'm going to support this.
CHR KANUHA: Any other discussion on the motion to amend? Okay, let's go
for the vote. All in favor of amending with Comm. 1088.1 say "aye."
Vote on Motion to The motion to amend Res. 668-16 with the contents of
Amend: Comm. 1088.1 was carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
CHR KANUHA: Mr. Eagan, can I have a motion to suspend our rules, so that
we can discuss and debate and vote on Resolution 668.
MR. ILAGAN: Thank you, Mr. Chairman. I move to suspend our rules to allow
us to vote on this matter.
Vote on Motion Mr. Eagan moved to suspend Council Rule 24 to waive the
to Suspend holdover for substantive amendment of Res. 668-16.
Council Rules: Seconded by Mr. Paleka and carried by the following
(Approved) voice vote:
Ayes: Council Members Eoff, Eagan, Onishi,
Paleka, Poindexter, Wille,
and Chair Kanuha—7.
Noes: None.
Absent: Council Members Chung, and David—2.
Excused: None.
CHR KANUHA: Motion passes. Mr. Eagan Resolution 668 as amended.
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Hawaii County Council-54 November 16, 2016
MR. ILAGAN: I ask for your support Council with this amended resolution.
CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all
in favor of the motion to approve say "aye."
Vote on Res. 668-16: The motion to adopt Res. 668-16, as amended with Draft 2,
Draft 2 and Public Works and Parks and Recreation Committee
(Adopted) Report No. 50 was carried by the following voice vote:
Ayes: Council Members Eoff, Eagan, Onishi,
Paleka, Poindexter, Wille,
and Chair Kanuha—7.
Noes: None.
Absent: Council Members Chung and David—2.
Excused: None.
CHR KANUHA: Motion passes. I think we're on Resolution 705.
Res. 705-16: REQUESTS THE DEPARTMENT OF PARKS AND RECREATION TO
MINIMIZE THE USE OF PLASTIC WATER BOTTLES BY INSTALLING
WATER BOTTLE FILLING STATIONS AT COUNTY OF HAWAII PARKS
AND RECREATION FACILITIES ISLAND WIDE
Requests the departments of Water Supply and Public Works to assist as
necessary with the installation of the water bottle filling stations.
Reference: Comm. 1140
Intr. by: Mr. Paleka
Approve: PWPRC-54
Motion to Approve: Mr. Paleka moved to adopt Res. 705-16 and Public Works
and Parks and Recreation Committee Report No. 54.
Seconded by Mr. Onishi.
CHR KANUHA: Mr. Paleka, any discussion?
MR. PALEKA: No. I'm just asking for your support. I believe this is a great
idea, we will reduce the amount of plastic bottles that are acquiring, hopefully in
our public parks. Because we have a refillable dispensers in most parks, and I just
ask for your support. Thank you.
CHR KANUHA: Ms. Wille.
MS. WILLE: Yeah, I'm just going to repeat that this is sort of a watered down
version of what we actually recommended. And I have a little trouble with
actually putting forth something that's different from what the task force
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Hawaii County Council-54 November 16, 2016
recommended, even if there's a good reason given for doing so, since we're sort
of bringing this forward as a task force bill. What the task force proposed was
that County facilities, which would say include County Council so that we're not
sitting here with this doing all the things that are in the bill. And then basically
the way it's written now is for Parks and Rec, parks to be done, and then it really
means it won't be done, unless you all give contingency funds. So instead of it
being a mandate it's sort of an opportunity, right Fresh?
MR. ONISHI: Right.
MS. WILLE: Right, okay. So therefore I would ask that someone here next term
at least figure out how to give some contingency funds to this Council, somehow
so that you all—and give you each. And I thought depending on that I didn't
have any money to do it. I would be giving you each a colored coded water jug
here and a facility, so that we with all our wisdom are not doing this.
So you know, I am going to support the watered down version. I do want to
represent what the intent of our task force was, and this was strongly supported.
It would basically say the County facilities act as an example and teach, and
marine debris. And if you watched any of these movies on it you could see along
the shore all these little—where they're making films underwater. All the water
bottles lying down along the shoreline. And I know, you know, Fresh if he were
here next session he would be leading this effort. But we won't be, so we're
going to have to leave it to the rest of you. But I would really—and if somehow I
come into some money, my bingo measure passes, somehow there's something
then I would be happy to provide you all with this. So that's the long version of I
will support this.
CHR KANUHA: Mr. Onishi.
MR. ONISHL Thank you, Mr. Chair. I was just going to mention what
Ms. Wille said, that yeah, this Council should take the lead. And you know,
hopefully when I come and visit you guys, you know, in January. They'll have
water containers, so people can go up and you know, get water instead of getting
water bottles, right. And that I think would be the start of how this movement
can. But then I just wanted to mention that I talked yesterday with Franchesca,
and so she mentioned that in Germany what they did is they made people pay
.25 cents for a water bottle, I mean the fee. It was the cost plus .25 cents. So
people are really responsible, because then they would make sure that they want
to get their .25 cents back. So that could be another option too, I mean we're
looking at.
CHR KANUHA: Don't get Mr. Paleka started on Germany.
MR. ONISHI: But thank you.
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Hawaii County Council-54 November 16, 2016
CHR KANUHA: Thank you, Mr. Onishi. Any other discussion? Just glad to be
able to support what came out of your guys' task force for somewhat of what
came out of it. All in favor of Resolution 705-16 say "aye."
Vote on Res. 705-16: The motion to adopt Res. 705-16 and Public Works and
(Adopted) Parks and Recreation Committee Report No. 54 was carried
by the following voice vote:
Ayes: Council Members Eoff, Eagan, Onishi,
Paleka, Poindexter, Wille,
and Chair Kanuha—7.
Noes: None.
Absent: Council Members Chung and David—2.
Excused: None.
CHR KANUHA: Motion passes. Next item.
Res. 707-16: URGES THE 2017 HAWAII STATE LEGISLATURE TO PREVENT
ANIMAL CRUELTY BY PROHIBITING THE UNSAFE TETHERING OF
DOGS
The proposed legislation would amend paragraph 711-1109(1)(g) of the Hawaii
Revised Statutes, to more specifically define what manner of tethering
constitutes the offense of cruelty to animals.
Reference: Comm. 1144
Intr. by: Ms. Wille
Approve: GREDC-11
Motion to Approve: Ms. Wille moved to adopt Res. 707-16 and Governmental
Relations and Economic Development Committee Report
No. 11. Seconded by Ms. Poindexter.
CHR KANUHA: Ms. Wille.
MS. Wille: I think we had considerable discussion about this before. I'll say that
in talking with various people like in my area, there was some concern, well what
if hunters are hunting, and they have a dog whether it's to a truck or a fence while
they are out hunting. You know, I just want to make it clear the intent is clearly
not for something momentary, temporary, where you're not leaving the dog
tethered, unattended or long term such as what's necessary to do when they're
hunting. So I just want to make that statement here to make that clarification, so
that no one is concerned about the hunters are concerned. Somehow that
somebody's out there following them and how they have the dogs tied on the
truck or otherwise for safety, or a fence while they're there temporarily.
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Hawaii County Council-54 November 16, 2016
So with that clarity I think we had that discussion, unless there's a question. I just
urge you to support it again. It will go to the State Legislature. Because it is
already part of the legislation and to reaffirm that I did work with the Humane
Society and went with what the least strict of their recommendation.
CHR KANUHA: Thank you, Ms. Wille. Any other discussion Council
Members? Okay, we'll go for the vote. All in favor of approving
Resolution 707-16 say "aye."
Vote on Res. 707-16: The motion to adopt Res. 707-16 and Governmental
(Adopted) Relations and Economic Development Committee Report
No. 11 was carried by the following voice vote:
Ayes: Council Members Eoff, Eagan, Onishi,
Paleka, Poindexter, Wille,
and Chair Kanuha—7.
Noes: None.
Absent: Council Members Chung and David—2.
Excused: None.
CHR KANUHA: Motion passes. Next item.
Res. 713-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KA`U
RURAL HEALTH COMMUNITY ASSOCIATION, INC., FOR THE 6TH
ANNUAL FLOATING LANTERN CELEBRATION
Transfers $1,000 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Liquor Control, Public Programs account.
Reference: Comm. 1157
Intr. by: Ms. David
Motion to Approve: Mr. Onishi moved to adopt Res. 713-16. Seconded by
Ms. Eoff.
CHR KANUHA: Ms. Eoff, did you want to say something?
MS. EOFF: No. On Ms. David's behalf, I'll just ask for your support.
CHR KANUHA: Okay. Any discussion Council Members? Hearing or seeing
none, all in favor of the motion to approve say "aye."
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Hawaii County Council-54 November 16, 2016
Vote on Res. 713-16: The motion to adopt Res. 713-16 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Eoff, Eagan, Onishi,
Paleka, Poindexter, Wille,
and Chair Kanuha—7.
Noes: None.
Absent: Council Members Chung and David—2.
Excused: None.
CHR KANUHA: Motion passes. Resolution 716-16.
Res. 716-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PURCHASE FITNESS EQUIPMENT
FOR THE PAHOA DISTRICT PARK
Transfers $12,000 from the Clerk-Council Services —Contingency Relief
account (Council District 4); and credits to the Parks and Recreation, Division
Equipment account.
Reference: Comm. 1160
Intr. by: Mr. Eagan
Motion to Approve: Mr. Eagan moved to adopt Res. 716-16. Seconded by
Mr. Paleka.
CHR KANUHA: Mr. Eagan.
MR. ILAGAN: Thank you, Mr. Chairman. I just want to say thank you to Parks
and Rec for allowing me to support Pahoa District Park. This money will be used
throughout the year so they're able to have a great start. And if there's any things
that needs to be fixed or used or in other words any expenses that needs to be
taken care of will be used from this money. I ask 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."
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Hawaii County Council-54 November 16, 2016
Vote on Res. 716-16: The motion to adopt Res. 716-16 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Eoff, Eagan, Onishi,
Paleka, Poindexter, Wille,
and Chair Kanuha—7.
Noes: None.
Absent: Council Members Chung and David—2.
Excused: None.
CHR KANUHA: Motion passes. Next item.
Res. 717-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO CROSSNET
MINISTRIES INTERNATIONAL TO REIMBURSE THE PILIPA`A
VOLLEYBALL CLUB FOR TRAVEL EXPENSES RELATED TO ITS
PARTICIPATION IN THE 2016 JUNIOR OLYMPICS
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. 1161
Intr. by: Mr. Paleka
Motion to Approve: Mr. Paleka moved to adopt Res. 717-16. Seconded by
Mr. Onishi.
CHR KANUHA: Mr. Paleka.
MR. PALEKA: I have nothing to add,just ask for your support. Thank you.
CHR KANUHA: Any other discussion? Hearing or seeing none, all in favor of
the motion to approve say "aye."
Vote on Res. 717-16: The motion to adopt Res. 717-16 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Eoff, Eagan, Onishi,
Paleka, Poindexter, Wille,
and Chair Kanuha—7.
Noes: None.
Absent: Council Members Chung and David—2.
Excused: None.
CHR KANUHA: Motion passes. Next item
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Hawaii County Council-54 November 16, 2016
Res. 719-16: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR
AGREEMENT FOR SOFTWARE LICENSING
Authorizes the Mayor to enter into a new three-year Microsoft Government
Enterprise agreement to continue the best pricing and benefits for Microsoft
software used county-wide.
Reference: Comm. 1167
Intr. by: Ms. Eoff
Waived: FC
Vote on Res. 719-16: Ms. Eoff moved to adopt Res. 719-16. Seconded by
(Adopted) Mr. Paleka and was carried by the following voice vote:
Ayes: Council Members Eoff, Onishi, Paleka,
Poindexter, Wille, and Chair Kanuha—6.
Noes: None.
Absent: Council Members Chung, David, and
Ragan—3.
Excused: None.
CHR KANUHA: Motion passes. Next item.
Res. 720-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO ASSIST WITH PURCHASES OF
NECESSARY EQUIPMENT, SUPPLIES, AND MATERIALS FOR THE
PAHOA AND MOUNTAIN VIEW SENIOR CENTERS
Transfers $2,000 from the Clerk-Council Services —Contingency Relief account
(Council District 5); and credits to the Parks and Recreation, Elderly Activities
Division Other Current Expenses account.
Reference: Comm. 1168
Intr. by: Mr. Paleka
Motion to Approve: Mr. Paleka moved to adopt Res. 720-16. Seconded by
Mr. Onishi.
CHR KANUHA: Mr. Paleka.
MR. PALEKA: Nothing to add. Just ask for your support. It's for our seniors up
in the Mountain View area. Thank you very much.
CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all
in favor of the motion to approve say "aye."
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Hawaii County Council-54 November 16, 2016
Vote on Res. 720-16: The motion to adopt Res. 720-16 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Eoff, Eagan, Onishi,
Paleka, Poindexter, Wille,
and Chair Kanuha—7.
Noes: None.
Absent: Council Members Chung and David—2.
Excused: None.
CHR KANUHA: Motion passes. Next item.
Res. 722-16: 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
MOUNTAIN VIEW ELEMENTARY SCHOOL PTSA TO PURCHASE TWO
AIR CONDITIONING UNITS FOR THE SCHOOL'S CLASSROOMS
Transfers $3,000 from the Clerk-Council Services —Contingency Relief account
(Council District 5); and credits to the Liquor Control, Public Programs account.
Reference: Comm. 1170
Intr. by: Mr. Paleka
Motion to Approve: Mr. Paleka moved to adopt Res. 722-16. Seconded by
Mr. Onishi.
CHR KANUHA: Mr. Paleka.
MR. PALEKA: Just asking for your approval, this money, $3,000, is going to go
toward air conditioners for our public school. You know, it's unfortunate that our
children in the Waianae section on Oahu, they're suffering, with terms of our
students having toand it gets hot during the summertime. So I'm glad that this
was brought up to my attention by Wendy Davis and the principal at Mountain
View Elementary. I said sure, they got the electrical specs up to snuff, so we can
get these air conditions installed and hopefully the money can get to them quickly.
Anyway, I ask for your approval and then can weI want to make a suspension
so they can get the money as soon as can. Thank you.
CHR KANUHA: Any other discussion? Ms. Wille.
MS. WILLE: I just want to say I'm really glad to see this. So appreciate that you
thought of this and work this out.
CHR KANUHA: Thank you, Ms. Wille. Any other discussion? Hearing or
seeing none, all in favor of the motion to approve say "aye."
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Hawaii County Council-54 November 16, 2016
Vote on Res. 722-16: The motion to adopt Res. 722-16 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Eoff, Eagan, Onishi,
Paleka, Poindexter, Wille,
and Chair Kanuha—7.
Noes: None.
Absent: Council Members Chung and David—2.
Excused: None.
CHR KANUHA: Motion passes. Did you want to suspend the rules for this
one? Okay motion to suspend the rules for the 5-day reconsideration.
Vote on Motion Mr. Paleka moved to Suspend the Council Rule 15 to
to Suspend waive the five-day hold for reconsideration of Res. 722-16.
Council Rules: Seconded by Mr. Onishi and carried by the following voice
(Approved) vote:
Ayes: Council Members Eoff, Eagan, Onishi,
Paleka, Poindexter, Wille,
and Chair Kanuha—7.
Noes: None.
Absent: Council Members Chung and David—2.
Excused: None.
CHR KANUHA: Motion passes. Mr. Clerk, next one.
Res. 723-16: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR
AGREEMENT FOR A MAINTENANCE CONTRACT FOR THE OFFICE OF
AGING
Authorizes the Mayor to enter into a five-year maintenance contract for a multi-
function copy machine to be used by the department's Kona office.
Reference: Comm. 1172
Intr. by: Ms. Eoff
Waived: FC
Motion to Approve: Ms. Eoff moved to adopt Res. 723-16. Seconded by
Ms. Poindexter.
CHR KANUHA: Ms. Eoff
MS. EOFF: Not really just, no comments, except for that these are grant funds so
it's no cost to the County.
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Hawaii County Council-54 November 16, 2016
CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all
in favor of the motion to approve say "aye."
Vote on Res. 723-16: The motion to adopt Res. 723-16 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Eoff, Eagan, Onishi,
Paleka, Poindexter, Wille,
and Chair Kanuha—7.
Noes: None.
Absent: Council Members Chung and David—2.
Excused: None.
CHR KANUHA: Motion passes. Next item.
Res. 725-16: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT FOR IMPROVEMENTS AT COUNTY
PARK FACILITIES IN COUNCIL DISTRICT 3, INCLUDING
CONSTRUCTION OF A STORAGE ROOM AT THE WAIAKEA-UKA
PARK BASEBALL FIELD
Transfers $2,400 from the Clerk-Council Services —Contingency Relief account
(Council District 3); and credits to the Parks and Recreation, Maintenance Other
Current Expenses account.
Reference: Comm. 1174
Intr. by: Mr. Onishi
Motion to Approve: Mr. Onishi moved to adopt Res. 725-16. Seconded by
Mr. Paleka.
CHR KANUHA: Mr. Onishi.
MR. ONISHL Thank you, Mr. Chair. I just want to thank Art Sambei, he is
carpentry shop like I guess supervisor, and this funds is going to be used to
purchase materials and then they'll be doing the labor for free. And so this is, you
know, like a storage room, this is going to be for ceiling repair at NAS pool and
whatever else needs to be repaired in District 3. He's going to help and do that
for me. So I really appreciate all his hard work, and also his staff that will be
doing the work. So I give a great mahalo to them, and I hope you guys can
support it. Thank you.
CHR KANUHA: Thank you. Any other discussion? Hearing or seeing none, all
in favor of the motion to approve say "aye."
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Hawaii County Council-54 November 16, 2016
Vote on Res. 725-16: The motion to adopt Res. 725-16 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Eoff, Eagan, Onishi,
Paleka, Poindexter, Wille,
and Chair Kanuha—7.
Noes: None.
Absent: Council Members Chung and David—2.
Excused: None.
CHR KANUHA: Motion passes. Next item.
Res. 727-16: APPROVES LEGISLATIVE PROPOSALS FOR INCLUSION IN THE 2017
HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE
PACKAGE
Approves a proposal submitted by the City and County of Honolulu and four
proposals submitted by the County of Maui, as listed in Exhibit A, to be
considered by the 2017 State Legislature, which convenes in January 2017.
Reference: Comm. 1182
Intr. by: Mr. Onishi
Waived: GREDC
Motion to Approve: Mr. Onishi moved to adopt Res. 727-16. Seconded by
Mr. Paleka.
CHR KANUHA: Mr. Onishi.
MR. ONISHL Thank you, Chair. Just asking for support, and moving it to
HSAC (Hawai`i State Association of Counties). 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. 727-16: The motion to adopt Res. 727-16 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Eoff, Eagan, Onishi,
Paleka, Poindexter, Wille,
and Chair Kanuha—7.
Noes: None.
Absent: Council Members Chung and David—2.
Excused: None.
CHR KANUHA: Motion passes. Next item.
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Hawaii County Council-54 November 16, 2016
BILL FOR The Chair directed the Council to proceed to the next order of business, Bills
ORDINANCES for Ordinances (First Reading).
(FIRST READING):
Bill 228 AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8,
(Draft 2): CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE-FAMILY RESIDENTIAL–7,500 SQUARE FEET (RS-7.5) TO
NEIGHBORHOOD COMMERCIAL–7,500 SQUARE FEET (CN-7.5) AT
PUNAHOA 2ND, SOUTH HILO, HAWAII, COVERED BY TAX MAP
KEY: 2-3-035:018 (Applicant: Hilo Medical Center) (Area: 9,230 square feet)
The Windward Planning Commission forwards its unfavorable recommendation
for this change of zone, which would allow for the development of a 24-26 stall
paved parking lot for Hilo Medical Center employees that work at the Punahele
Professional Building and Pu`u Honu Professional Building
Reference: Comm. 981.4
Intr. by: Mr. Eagan
Negative: PC-80 (Due to a vote of 3-ayes, 6-noes)
Motion to Approve: Mr. Eagan moved to pass Bill 228, Draft 2, on first reading
and adopt Planning Committee Report No. 80. Seconded
by Mr. Paleka.
CHR KANUHA: Council Members, I think we did get a communication from
the applicant that they wanted to withdraw this, but we have some issues with that
because our Council Rules say that
MR. ILAGAN: What I will do is postpone it to the call of the Chair.
MR. HENRICKS: May I make a recommendation that instead to the call of the
Chair, you may postpone it indefinitely?
CHR KANUHA: There's several options available on the table currently. One
of the options that probably might best suit this situation is a postponement
indefinitely, but we don't have the applicant here to say that. That's an
appropriate, you know, we can do this as a Council.
MR. ILAGAN: I would say it's appropriate.
CHR KANUHA: Okay.
MR. ILAGAN: No, we can't withdraw because—yeah.
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Hawaii County Council-54 November 16, 2016
CHR KANUHA: So Mr. Eagan,just based off of that situation, I'll let you
continue as the Planning Committee Chair so we can
MR. ILAGAN: I will make a motion to postpone Bill 228, Draft 2, indefinitely.
Motion to Postpone Mr. Eagan moved to postpone Bill 228, Draft 2, indefinitely.
Indefinitely: Seconded by Mr. Onishi
CHR KANUHA: Ms. Eoff.
MS. EOFF: May I ask a question to the Clerk?
CHR KANUHA: Yes.
MS. EOFF: Why wouldn't we just vote it down, if they wanted withdrawn
anyways, rather than postponing it indefinitely?
MR. HENRICKS: That would have been one of your options that Chair Kanuha
had mentioned.
MS. EOFF: I didn't hear that one come up when. Okay, thank you.
MR. HENRICKS: No, I mean I'm just saying you're obviously always have the
option to vote either "aye" or "no" on any main motion that certainly would have
been an option. The only reason I had made that recommendation is, because
Mr. Eagan had taken the direction of postponing to the call of the Chair. And the
reason why I made that recommendation, it appeared to me because the applicant
is asking for this bill to be removed from Council consideration rather than vote it
down, which it still would be your prerogative. And what Robert's says about
postponing indefinitely is that essentially it allows the Council to decline to take a
position on a main motion. And it avoids a direct vote on a question or motion.
MS. EOFF: Okay. I would support that.
CHR KANUHA: Ms. Wille.
MS. WILLE: I agree, I think that we ought to do the postponement, not where we
vote it down.
CHR KANUHA: Yeah.
MS. WILLE: So otherwise it puts those of us in a position who voted for it to be
like negating what we had said.
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Hawaii County Council-54 November 16, 2016
CHR KANUHA: So I'm just—since Mr. Chung just came in, the applicant
wished to withdraw Bill 228, Draft 2. Because it has been amended, us as a
Council within our rules we can't withdraw this bill. It has to be voted on in a
motion. So the best choice that we have, I mean there's all different choices like I
said but the best choice available would be to postpone indefinitely. And I'm just
kind of giving you where we're at right now. There's a motion on the floor to
postpone this indefinitely, it's been seconded so we're currently in discussion.
Okay. Any more discussion on the motion to postpone indefinitely? Hearing or
seeing none, all in favor of the motion to postpone indefinitely say "aye."
Vote on Motion to The motion to postpone Bill 228, Draft 2, indefinitely was
Postpone Indefinitely: carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha–8.
Noes: None.
Absent: Council Member David– 1.
Excused: None.
CHR KANUHA: Motion passes. Bill 261.
Bill 261: AMENDS ORDINANCE NO. 16-73, AS AMENDED, RELATING TO
PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE
FISCAL YEAR JULY 1, 2016, TO JUNE 30, 2017
Establishes the following program appropriations to the Capital Budget:
Roadway Projects (Engineering) ($526,763.76); and Bridge Inspection, Repair,
and Replacement Program (Engineering) ($277,748.11). Funds for these
appropriations shall be provided from the lapsed Fuel Tax Increase funds in the
Capital Projects Fund. Exhibit A, attached to the bill, lists the specific projects
in each category.
Reference: Comm. 1162
Intr. by: Ms. Eoff
Waived: FC
Note: Requires 2/3 vote of the entire
membership to amend, pursuant to
Section 10-6(e), Hawai`i County
Charter
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Hawaii County Council-54 November 16, 2016
Vote on Bill 261: Ms. Eoff moved to pass Bill 261 on first reading. Seconded
(Approved) by Mr. Paleka and carried by the following voice vote:
Ayes: Council Members Chung, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
CHR KANUHA: Motion passes. Next item.
Bill 262: AMENDS ORDINANCE NO. 16-73, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2016, TO JUNE 30, 2017
Establishes the following program appropriations to the Capital Budget: TEA-21
Projects (Federal Aid) ($108,311.10) and Local Road Improvements
($108,311.10). Funds for these appropriations shall be provided from fuel tax
revenue in excess of what was projected in Ordinance 15-23. Exhibit A, attached
to the bill, lists the specific projects in each category.
Reference: Comm. 1163
Intr. by: Ms. Eoff
Waived: FC
Note: Requires 2/3 vote of the entire
membership to amend, pursuant to
Section 10-6(e), Hawai`i County Charter
Vote on Bill 262: Ms. Eoff moved to pass Bill 262 on first reading. Seconded
(Approved) by Ms. Poindexter and carried by the following voice vote:
Ayes: Council Members Chung, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
CHR KANUHA: Motion passes. Next item.
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Hawaii County Council-54 November 16, 2016
Bill 263: 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 Fund Balance From Previous Year - Reserved
account ($220,565.72); and appropriates the same to the Transfer to Capital
Projects Fund - Highway account. These fiscal year 2015-2016 excess fuel tax
revenues would be expended by the Department of Public Works.
Reference: Comm. 1164
Intr. by: Ms. Eoff
Waived: FC
Vote on Bill 263: Ms. Eoff moved to pass Bill 263 on first reading. Seconded
(Approved) by Mr. Paleka and carried by the following voice vote:
Ayes: Council Members Chung, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
CHR KANUHA: Motion passes. Next item.
Bill 264: AMENDS ORDINANCE NO. 16-73, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2016, TO JUNE 30, 2017
Establishes the following program appropriations to the Capital Budget:
Roadway Projects (Engineering) ($2 million); Bridge Inspection, Repair, and
Replacement Program (Engineering) ($1.4 million); and Local Road
Improvements (Highways) ($3.4 million). Funds for these appropriations shall
be provided from the portion of the Highway Fund which is designated as the
Fuel Tax Increase Account No. 3104.06, and which consists of the increase fuel
tax revenues created pursuant to Resolution No. 504-08. Exhibit A, attached to
the bill, lists the specific projects in each category.
Reference: Comm. 1165
Intr. by: Ms. Eoff
Waived: FC
Note: Requires 2/3 vote of the entire
membership to amend, pursuant to
Section 10-6(e), Hawai`i County Charter
Motion to Approve: Ms. Eoff moved to pass Bill 264 on first reading.
Seconded by Mr. Paleka.
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Hawaii County Council-54 November 16, 2016
CHR KANUHA: Any discussion? Ms. Wille.
MS. WILLE: Would you explain this a little more, Ms. Eoff? What we're
moving around here with these millions of dollars.
MS. EOFF: My understanding after talking to Finance and trying to look into a
little bit more on all of these bills—there's four of them.
MS. WILLE: And if you could speak into the microphone carefully, because I
know people out there have trouble hearing.
MS. EOFF: Okay. Some of them have to be moved into the CIP (Capital
Improvement Project Budget)there's always an estimation of what will be in the
fuel tax. But in this case there was excess, so this is—some of these bills are
transferring the excess so we can use that money.
MS. WILLE: Okay. So what you're saying is that we estimated our fuel tax, and
so it might always come in higher or lower.
MS. EOFF: Right.
MS. WILLE: And people have driven more than what we thought they might be
driving and therefore we brought in more so we're now appropriately allocating.
MS. EOFF: Yes.
MS. WILLE: The excess of that. That's simple, I mean—which is clearer than
what I read.
MS. EOFF: I don't know whether Brandon is still there in Hilo.
CHR KANUHA: No.
MS. EOFF: Okay, thank you. But I did question as thoroughly as I could to find
out what exactly each of the bills do, and
MS. WILLE: And so then it's being distributed by district according to
MS. EOFF: To a formula.
MS. WILLE: By the formula sort of as to the usage.
MS. EOFF: Yes, to the miles of roadway. And the projects were the same
projects that we had already approved previously.
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Hawaii County Council-54 November 16, 2016
MS. WILLE: So it's going to the road projects that we previously approved.
Okay, so I just want to get that, okay.
CHR KANUHA: Thank you, Ms. Wille. Mr. Onishi.
MR. ONISHL Thank you, Mr. Chair. You know, I'm looking at the road
projects, and there's good projects that are listed in this, you know. But I have a
question, can I ask Mr. Chung a question?
CHR KANUHA: Sure.
MR. ONISHL They have the Komohana Street reconstruction, is that still going
on?
CHR KANUHA: Oh, and just for your information, Brandon Gonzales is in
Hilo.
MS. EOFF: Okay, maybe after Mr. Chung answers you we can hear from
Brandon.
CHR KANUHA: Would you like to respond to his question?
MR. CHUNG: I mean, which one are we talking about?
MR. ONISHL I don't know, it just says Komohana Street reconstruction.
MR. CHUNG: I think you might want to ask Brandon first, and then I can
respond to it when we get clarification.
MR. ONISHL So this list that we have in front of us, the road improvements
projects. They have like Alii Drive shoulder improvements, Alii Highway,
Kalanianaole Avenue reconstruction and so forth. And they also have Komohana
Street reconstruction, so is that still going on or is that already finished?
(Note: At this time, Deputy Public Works Director Brandon Gonzalez
came forward to address the Council.)
MR. GONZALEZ: Good afternoon Brandon Gonzalez, Deputy Director Public
Works. Councilman Onishi, was the question directed to me?
MR. ONISHL Yes, I'm sorry.
MR. GONZALEZ: Okay, no problem. The project is still ongoing. I believe
there was a recent article in which the contractor has informed the County that
they expect to be done with the road reconstruction by the end of the year.
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Hawaii County Council-54 November 16, 2016
MR. ONISHL Oh, okay. Thank you.
CHR KANUHA: Thank you, Mr. Onishi. Ms. Eof£
MS. EOFF: Thank you. Thank you, Mr. Gonzalez. Could you give us just a
little bit better explanation maybe, unless you heard mine? But if I left anything
out.
MR. GONZALEZ: Actually if you wouldn't mind repeating the question, you
guys surprised me calling this bills. So I ran over when I realized you guys
started hearing it, so I missed some of the questions and then your responds.
MS. EOFF: Well I just clarified for Ms. Wille that I think it's Bill 261, 262 are
excess revenue that we didn't know that we would have, so those are just being
transferred in order to be used, correct?
MR. GONZALEZ: Oh, yes. We have four bills, you are on the right track, yes.
If I can go back, because I know you guys already took action on 261, 262, and
263. So we had four bills, 261 was a re-appropriation of$800,000 of lapsed
funds. These bills to be clear are not proposing any new tax or they're not
proposing any tax increase. They're basically housekeeping accounting bills. So
Bill 261, $800,000 in lapsed funds, because some of the projects have not been
completed or are ongoing. I want to take a look at Exhibit A for example, and
that one on Alii Drive shoulder, we had put it out for bid and the bids came in
higher than estimated earlier this year. So we have to put it out for rebid. So to
preserve the funding we have to re-appropriate the funds. You know, every other
year fuel tax money, funding needs re-appropriation if it's not spent.
Kawailani is currently out to bid. Bid opening is currently scheduled for
November 23, and that one the County is matching 20 percent funding with
Federal funding. So in order to do the bid opening, we have to have our matching
funds available to us. Lako Street is in design, Mamalahoa widening in
permitting and design. Now Bill 262, 263 are different in the re-appropriation.
They are actually appropriating excess money. So if you guys can imagine for the
fuel tax, the County does the projection on how much fuel tax would be collected.
The fuel tax is collected, processed through the State and distributed to the
counties. So the actual amount for Bills 262 and 263, the County was pretty good
in its projection, because it was within $100,000 to $200,000 of what the actual
collections were. And in this case the projections were less than what we actually
collected, and we collected more. So we are balancing the books on that.
And then Bill 264 is establishing the appropriation and funding mechanism for the
list of projects in the exhibits that have already been on the books. It's the fifth
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Hawaii County Council-54 November 16, 2016
increment, and I like to describe it as it's creating the appropriation for the
upcoming fuel tax collections which is projected as $6.8 million. I hope that
answered your question.
MS. EOFF: Thank you. That's a great explanation for us. Thank you.
CHR KANUHA: Any other discussion Council Members? We are currently on
Bill 264. Any clarifications needed? No?
MR. PALEKA: Just a comment.
CHR KANUHA: Sure, Mr. Paleka.
MR. PALEKA: Thank you for the percentage at Puna, mahalo.
CHR KANUHA: Okay we can go for the vote. All in favor of approving
Bill 264 say "aye."
Vote on Bill 264: The motion to pass Bill 264 on first reading was carried
(Approved) by the following voice vote:
Ayes: Council Members Chung, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
CHR KANUHA: Motion passes. Mr. Clerk, Bill 249.
ORDER OF The Chair directed the Council to proceed to the next order of business, Order
THE DAY of the Day (Second or Final Reading).
(SECOND OR
FINAL READING): (Note: Items in this category were taken up previously, out of order.)
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Hawaii County Council-54 November 16, 2016
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
First Reading: November 2, 2016
Vote on Bill 249: Ms. Eoff moved to pass Bill 249 on second and final
(Adopted) reading. Seconded by Ms. Poindexter and carried by
the following voice vote:
Ayes: Council Members Chung, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
CHR KANUHA: 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
First Reading: November 2, 2016
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Hawaii County Council-54 November 16, 2016
Vote on Bill 250: Ms. Eoff moved to pass Bill 250 on second and final
(Adopted) reading. Seconded by Mr. Onishi and carried by the
following voice vote:
Ayes: Council Members Chung, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha–8.
Noes: None.
Absent: Council Member David– 1.
Excused: None.
CHR KANUHA: Motion passes. Next item.
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
First Reading: November 2, 2016
Motion to Approve: Mr. Paleka moved to pass Bill 251 on second and final
reading. Seconded by Ms. Eoff
CHR KANUHA: Any discussion? Ms. Eoff
MS. EOFF: I'd just like to advocate and thank—advocate that we continue to
support this, and thank Ms. David for all the work that she did to make this
happen. She worked with the community diligently. There were some confusion
as to how to use Mr. Capellas name as the ballfield, and then the next bill that we
look at to name the gym and shelter after Mr. Herkes. So I think she put in a very
great effort to come up with a good solution, and the community is really happy
with this and so are the families. So just thank Ms. David and support this bill.
CHR KANUHA: Thank you. Any other discussions Council Members? Okay,
hearing or seeing none, all in favor of the motion to approve say "aye."
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Hawaii County Council-54 November 16, 2016
Vote on Bill 251: The motion to pass Bill 251 on seconded and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Chung, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
CHR KANUHA: Motion passes. Next item.
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
First Reading: November 2, 2016
Motion to Approve: Ms. Poindexter moved to pass Bill 252 on second and final
reading. Seconded by Mr. Onishi.
CHR KANUHA: Discussion, Ms. Eoff
MS. EOFF: Just thank you, to Mr. Herkes, for finding the money through the
State to be able to build this gym and shelter. The community is very, very
grateful. And thank you to Ms. David for bringing this to a conclusion.
CHR KANUHA: Thank you. Any other discussion? Okay, hearing or seeing
none, all in favor of the motion to approve say "aye."
Vote on Bill 252: The motion to pass Bill 252 on second and final reading
(Adopted) was carried by the following voice vote:
Ayes: Council Members Chung, Eoff, Ragan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
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Hawaii County Council-54 November 16, 2016
CHR KANUHA: Motion passes. Mr. Clerk, we got everything?
MR. HENRICKS: All clear, Chair Kanuha.
REPORTS: The Chair directed the Council to proceed to the next order of business, Reports.
(There were none.)
REFERRALS The Chair directed the Council to proceed to the next order of business,
FOR EXECUTIVE Referrals for Executive Session.
SESSION:
(There were none.)
OTHER The Chair directed the Council to proceed to the next order of business, Other
BUSINESS: Business.
(There were none.)
ANNOUNCE- The Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
CHR KANUHA: Okay. But before I go I'd like to say since we're not going to
see Ms. Wille on our December 5th meeting to schmooze her and give her kisses
and hugs and everything. We'd like to just say, you know, mahalo for serving
your community, and mahalo for being a colleague to us. And it's been a
pleasure. So from myself to you, I just want to say a big mahalo to you. And
whether we all agree or disagree, we all still serve our same communities as best
as we possibly can, so yeah. Ms. Poindexter.
MS. POINDEXTER: Yeah, and I just want to thank you for all that you've done,
and all that we've learned from you. And I know this is not the end, and that I
will continue to work with you on a lot of different things. So good luck in
whatever your—wherever life leads you, and looking forward to working with
you still. Thank you.
CHR KANUHA: Mr. Onishi.
MR. ONISHL Thank you, Mr. Chair. Why aren't you going to be here on the
5th?
MS. WILLE: Because I'm going to Portland, Maine to my daughter, she has a
social security disability hearing that we've been waiting for, for several years.
MR. ONISHL Good luck on that. But you know, I just wanted to say, I think
you're the first Council Member who I know that put in so many legislations. But
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Hawaii County Council-54 November 16, 2016
good ones, some crazy ones, some withdraws, some postponements. But I really
appreciate that. And I enjoyed the four years sitting next to you. We had our ups
and downs, but everything was great. And you know, we would always give
knuckles once in a while. But then sometimes I would go like "Good morning,
Margaret." She no say nothing. So I go to her, and I go, "What happened"? "I'm
mad at you." So I go, "Okay." But we always at the end smile and laugh. But
I'm going to miss you, so you take care, okay, and also your daughter.
CHR KANUHA: Mr. Chung.
MR. CHUNG: Thank you. And Mr. Chairman, thank you for recognizing that, I
kind of missed it. But to Margaret I just wanted, you know, to thank you for all
you've done. You know, when I first got into office here—I've only been able to
serve with her two years—you know, I was told by some people, you've got to
watch out for that Margaret Wille. So it's kind of on guard, I mean really. But
you know, I quickly warmed up to her. Because I will say this Margaret, you
have a real clean heart. And I've told that to a lot of people, you are a
clean-hearted individual. You get some wacky views but. And I've told you that
too. It's not like I'm just saying now, right? I've told you. But we all differ.
One thing I like about you though Margaret is, and it really was of a benefit to the
entire County, I think, and to each and every one of us, is that even when you
came up with these different measures it took many of us out of our comfort
zones. And that's always good, and it forces us to think. We've got to take hard
stances on issues that you bring up. But I think it is good you take people out of
their comfort zones, yeah. So I really wish you all the best Margaret, and thank
you for everything.
CHR KANUHA: Ms. Eoff
MS. EOFF: Thank you, Mr. Chair. I didn't know you wouldn't be with us on
December 5th, but I would just like to also say I don't think I saw any Council
Member bring as many ideas before the Council. Whether they be withdrawn or
passed, or not. But I'd like to thank you for being so bold and brave as to do that,
because sometimes it takes that discussion to move people and move
communities. And I think you really accomplished that, even if not all the
legislation passed or was agreed to by all. But I think you did definitely move the
bar and get the discussions, and get the people here. I mean we saw a lot of
participation from people who were passionate about some of your ideas and
issues. So I hope you'll have a successful trip to Portland, and I'm going to miss
you on the 5th.
CHR KANUHA: Mr. Paleka.
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Hawaii County Council-54 November 16, 2016
MR. PALEKA: I certainly want to say what a pleasure it has been most of the
time, you know. But Margaret you—it's true what they say, you know, you were
not afraid to bring what you thought and what your constituents thought should be
brought forward. No matter what part of the spectrum that they came from, and it
takes a lot of guts to do that. And some of us wouldn't do that. And you have to
be proud that you would do that for them. That's really something to be admired.
You know, we might differ and say, hey that seems a little bit too farfetched for
ourselves, but to do it for your constituents that's public service in it's, the
epitome of public service. So I just have to say you taught me something in doing
that. I want to say, I admire you Margaret for doing that, and all the best to you.
Thank you.
CHR KANUHA: Thank you, Mr. Paleka. Mr. Eagan.
MR. ILAGAN: Well first of all, I just want to say thank you, Mr. Chairman, for
recognizing Margaret. Because if you didn't I would have missed this
opportunity to really speak about her character. I mean Margaret you really are a
genuine individual, there's nothingI feel like once you decide on an issue
regarding what views they may be, I know you put all your heart into it. And the
thing I really admire about you is that, sometimes you don't even agree on an
issue and you're willing to put it up just to have the discussion. And having that
discussion, that's really pure of what this legislative body should be doing, is
having those debates. Because the closer you have those debates, you'll
eventually get closer to a solution.
And that's what you did on issues, you brought them up and you did amazing on
setting a multitude of items on our agenda. And I just want to say you have been
very kind, you've been very sweet, you've been very funny, you really are this
innocent Council Member who no matter what it is in her heart she puts it out.
It's very genuine. And I really wish that I was able to maybe sit down with you
and work on issues that we did have in common more. I think that's one of the
things that I wish I did this past four years with you. I believe the Sunshine Law
kind of hindered that, you know, so some other views that we have. But I feel
like if there's ever a thing that I would learn is, if I ran into a person who had
different views, I wish I could take the time to find something in common. And
that's what you have taught me. And I respect you as a colleague, and I respect
you as an individual. And I wish you best of luck in your future, and also I hope
your affairs with your daughter goes well. Thank you.
CHR KANUHA: Margaret, you want to say something?
MS. WILLE: Yeah, and I apologize for not being here on the 5th, and you know,
appreciate all of your comments. And appreciate like you're recognizing that you
know, I sort of feel we all have different roles and take on different roles, and if
one could represent it. You know, I always try and look at the future, and pushing
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Hawaii County Council-54 November 16, 2016
us and go for the most and then work on massaging it and dealing with it. And
also you know, I think that some people said well, "Why are you bringing this up
I don't think you have a chance," and "Why did you get all those stakeholders." I
said no, you know, I want the people to be in on the ground conversation and that
was it.
You know, I think going forward, I'm sure that you all that are on here have
moved ahead and are bold. And I do hope, you know, one thing that was
controversial is the GMO (Genetically Modified Organism), and that will come
back when as soon as the court hearing, and I just want to say all along I had tried
to encourage, you know, like the Director, Department of Ag. You know, why
wait on that, you know, that we're going to have to work together no matter how
that decision comes out. And help bring people together, and look at how do we
protect this, and protect that. You know, I hope that whatever happens with that
decision since there was such controversy that you all are able to do whatever you
can to keep it from being
Anyway I thank all of you, I'm sure that I will see, it's not like I'm going away
permanently or something. I will, you know, be in touch with—you know, also
Greggor is going to be off and Danny and Fresh. You know, but we're all still
here. And you know, I am sorry with Greggor, that there weren't things where we
had some similar interest not able to work on those. And you being far away,
probably if you were right here would have been able where we'd push each
other. Thank you very much, and I look forward to keeping an eye on you all
how things go. Thanks.
CHR KANUHA: Thanks, Margaret. Last words, Mr. Onishi.
MR. ONISHL I just wanted to say that, you know, when I first got in, Margaret
would come and testify. I think almost every Committee and Council. And you
know, a lot of knowledge and I used to always think who is this lady, right? And
she always came and she always did her homework and stuff like that. But I just
wanted to say one more thing that, one thing Margaret, you always was able to
compromise. You know, maybe on certain issues you really had, you know, your
heart out so it was hard. But others, I mean you always did great and you would
always adjust and listen to us, and I really appreciate that. That's awesome.
Better than some other Council Members that I knew. Thank you.
CHR KANUHA: Okay. Mahalo for everybody's kind words to Margaret, and
mahalo, Margaret. May I have a motion to adjourn?
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Hawaii County Council-54 November 16, 2016
ADJOURN- There being no other business, at 1:26 p.m., Mr. Onishi moved to adjourn
MENT: the meeting. Seconded by Ms. Eoff and carried by the following voice
vote:
Ayes: Council Members Chung, Eoff, Ilagan,
Onishi, Paleka, Poindexter, Wille,
and Chair Kanuha— 8.
Noes: None.
Absent: Council Members David— 1.
Excused: None.
CHR. KANUHA: We are adjourned.
MAR 1 32019
Council Approval:
COUNTY CLERK
JH/rk
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