The URL can be used to link to this page

Home My WebLink AboutAGE COUNCIL 03/09/2012 2010-2012DOMINIC YAGONG Chairperson and Presiding Officer K. ANGEL PILAGO Iice -I hairperson 38111 Session INVOCATION CALL TO ORDER PLEDGE OF ALLEGIANCE COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 ORDER OF BUSINESS Hawaii County Council 25 Aupuni Street Hilo, Hawaii Friday, March 9, 2012 9:00 a.m. FRED BLAS BRENDA FORD PETE HOFFMANN DONALD IKEDA DENNIS "FRESH" ONISHI BRITTANY SMART J YOSHIMOTO Reverend Sohko Kuki of the Hilo Hooganji Mission N) Q (Note: Please turn cell phones, pagers. and other mobile communication devices on silent mode.) Hawaii County is an Equal Opportunity Provider and Employer. Hawai‘i County Council-38 March 9, 2012 MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 9:00 A.M.: STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (NOTE: COUNCIL WILL TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR) APPROVAL OF MINUTES July 7, 2011 COMMUNICATIONS Comm. 574: NOMINATION OF MR. RONALD S. GONZALES (NORTH HILO/HĀMĀKUA DISTRICT) TO THE WINDWARD PLANNING COMMISSION From Mayor Billy Kenoi, dated January 31, 2012, requesting the Council’s review and favorable confirmation of the above nomination. Waived: PC Comm. 575: NOMINATION OF MS. RAYLENE MOSES (KA‘Ū DISTRICT) TO THE WINDWARD PLANNING COMMISSION From Mayor Billy Kenoi, dated January 31, 2012, requesting the Council’s review and favorable confirmation of the above nomination. Waived: PC Comm. 576: NOMINATION OF MS. TRINA NAHM-MIJO (COUNCIL DISTRICT 3) TO THE ENVIRONMENTAL MANAGEMENT COMMISSION From Mayor Billy Kenoi, dated January 31, 2012, requesting the Council’s review and favorable recommendation of the above nomination. Waived: EMC Comm. 593: DELEGATION TRAVELING TO ORMOC CITY, PHILIPPINES, ON MARCH 21 THROUGH 29, 2012, FOR A SISTER-CITY CERMONY AND INFORMATION SHARING From Vice-Chair K. Angel Pilago, dated February 16, 2012, notifying the Council that he will be joining the Administration’s delegation to Ormoc City, Philippines, at the request of Ormoc City Mayor Eric Codilla, Hawai‘i County Mayor William Kenoi, and Congress of Visayan Organization President Jane Clement. Waived: GRC Comm. 601: HAWAI‘I STATE ASSOCIATION OF COUNTIES (HSAC) PROPOSED ANNUAL OPERATING BUDGET FOR FISCAL YEAR 2013 From Vice-Chair K. Angel Pilago, dated February 21, 2012, transmitting the proposed HSAC annual operating budget, which requires the Council’s approval or disapproval before the HSAC’s Executive Committee meeting scheduled in May 2012. Waived: GRC Page 2 Hawai‘i County Council-38 March 9, 2012 Comm. 607: NOMINATION OF MS. PUDDING LASSITER (COUNCIL DISTRICT 1) TO THE SALARY COMMISSON From Mayor Billy Kenoi, dated February 14, 2012, requesting the Council’s review and favorable recommendation of the above nomination. Waived: FC ORDER OF RESOLUTIONS Res. 220-12 (Draft 3): TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT(S) AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT(S) FOR THE FOOD BASKET, INC. Transfers/appropriates out and from Clerk-Council Services Other Current Expenses ($75,000); and credits same to Food Basket, Inc. Authorizes the Council Chair and the County Clerk to transfer funds for the purpose of making a contribution to the Food Basket, Inc. Re: Comm. 549.5 Intr. by: Mr. Onishi Waived: FC Postponed: February 1, 2012 Held Over: February 15, 2012 Res. 221-12: ACCEPTS THE DEDICATION OF LOTS R-1 AND R-2, BEING A PORTION OF ND TAX MAP KEY: (3)2-5-005:171, SITUATE AT KUKUAU 2, DISTRICT OF SOUTH HILO, COUNTY AND STATE OF HAWAI‘I, FROM KAUMANA 18 ASSOCIATES, LLC Accepts the dedication of Lots R-1 and R-2, containing an area of 1.000 and 0.004 acre, respectively, for public road and drainage purposes. The improvements have been inspected and approved by the Public Works Department, and received dedication approval from the Departments of Water Supply, Planning, and Environmental Management. Re: Comm. 554 Intr. by: Mr. Blas Approve: PWPRC-69 Res. 222-12: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $250 TO THE DEPARTMENT OF PARKS AND RECREATION TO SUPPORT THE PARKS AND RECREATION DEPARTMENT’S VULCAN BASEBALL CLINIC Donated by W. H. Shipman, the funds will be used by the Parks and Recreation Department to purchase food and beverages for the Vulcan Baseball Clinic participants. Re: Comm. 560 Intr. by: Ms. Ford Approve: FC-200 Page 3 Hawai‘i County Council-38 March 9, 2012 Res. 229-12: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT(S) AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT(S) FOR THE FOOD BASKET, INC. Transfers/appropriates out and from Legislative Auditor External Audit ($75,000); and credits same to Food Basket, Inc. Authorizes the Council Chair and the County Clerk to transfer funds for the purpose of making a contribution to the Food Basket. Re: Comm. 608 Intr. by: Mr. Yagong Waived: FC BILLS FOR ORDINANCES (FIRST READING) Bill 171: AMENDS CHAPTER 22 AND CHAPTER 35 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO PUBLICATION DISPENSER RACKS LOCATED WITHIN ESTABLISHED BUSINESS IMPROVEMENT DISTRICTS Provides that a Business Improvement District through its District Association be allowed to install, maintain, and manage publication dispensing devices located upon County streets and sidewalks within an established Business Improvement District. Authorizes a District Association of a Business Improvement District to levy and collect Publication Dispenser Rack permit fees and fines associated with the issuance of permits and promulgation of rules for the use of publication dispenser racks within an established Business Improvement District. Re: Comm. 536 Intr. by: Mr. Pilago Approve: FC-189 Postponed: February 15, 2012 (Note: There is a pending motion by Mr. Pilago and duly seconded by Mr. Yoshimoto, to approve Bill 171). ; and Comm. 536.2: From Council Vice-Chair K. Angel Pilago, dated February 23, 2012, transmitting proposed amendments to Bill 171. The amendments relate to the following and are renumbered as required: Section 1 (Purpose), Section 35-60 (Definitions), Section 35-63 (Publication dispensing rack space permits), deletes Sections 35-64 (Method of allocation and reallocation of publication dispensing rack spaces) and 35-65 (Unallocated, abandoned or surrendered publication dispensing rack spaces), Section 35-64 (Installation, maintenance, and repair of publication dispensing enclosures, spaces, and inserts), Section 35-65 (Temporary dislocations), Section 35-66 (Prohibitions), Section 35-67 (Liability), deletes Section 35-70 (Authorization to issue and collect fines), Section35-68 (Rules), and Section 35-69 (Fees). Page 4 Hawai‘i County Council-38 March 9, 2012 Bill 181: AMENDS CHAPTER 24, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO VEHICLES AND TRAFFIC Amends Chapter 24, Article 7, Division 2, Section 24-149, by adding: “(b) Any person who violates any provision of section 24-149(a)(3)(A) or section 24-149 (a)(3)(B) shall upon conviction be subject to fines equal to two times the fines as provided for in section 24-16.” Re: Comm. 565 Intr. by: Mr. Hoffmann Approve: PWPRC-70 Bill 195: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Increases revenues in Federal Grant: Strategic Prevention Framework (SPF) – State Incentive Grant Phase II ($132,129.05); and appropriates same to SPF – State Incentive Grant Phase II. Funds would be used to continue the implementation of Phase II of the Strategic Prevention Framework-State Incentive Grant program. Currently, there are 12 community-based nonprofit organizations implementing evidence based curriculum at 19 different program sites. Re: Comm. 600 Intr. by: Ms. Ford (B/R) Waived: FC Bill 199: AN EMERGENCY ORDINANCE THAT FINDS AND DECLARES THAT A PUBLIC HEALTH EMERGENCY EXISTS AND MAKES AN EMERGENCY APPROPRIATION OF $200,000 TO ALLEVIATE HUNGER IN THE COUNTY OF HAWAI`I The Hawai‘i County Council finds and declares a public health emergency exists regarding an immediate need to address a County-wide issue by making an emergency appropriation to alleviate hunger in the County of Hawai‘i. The Hawai‘i County Council appropriates $200,000 from the Disaster and Emergency Fund to The Food Basket, Inc., Hawai‘i Island’s Food Bank, to provide food to the hungry people of this County. Re: Comm. 606 Intr. by: Mr. Hoffmann (Note: One required reading, the affirmative vote of all Council Members present or a 2/3 vote of the entire membership is required to pass this ordinance, pursuant to Section 3-11, Hawai‘i County Charter.) Page 5 Hawai‘i County Council-38 March 9, 2012 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 152 (Draft 4): INITIATES AN AMENDMENT TO ARTICLE III, SECTION 3-6, AND ARTICLE VI, CHAPTER 5, SECTION 6-5.5, OF THE HAWAI‘I COUNTY CHARTER (2010 EDITION), RELATING TO SPECIAL COUNSEL AND COUNCIL STAFF ATTORNEYS Initiates an amendment to the Hawai‘i County Charter to grant the County Council the right to employ special counsel and Council staff attorneys without express limitation. Re: Comm. 482.9 Intr. by: Ms. Ford Postponed: December 21, 2011 and January 4, 2012 First Reading: January 20, 2012 Second Rdg.: February 1, 2012 Held Over: February 15, 2012 Note: Third of three required readings, a 2/3 vote of the entire membership is required to pass each reading, pursuant to Section 15-1(a), Hawai‘i County Charter Bill 170 (Draft 2): AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Appropriates revenues in a new account, Transfer from Disaster & Emergency Fund ($500,000); and appropriates same to The Food Basket, Inc. The Food Basket, Inc., serves as Hawai‘i Island’s Food Bank and is an island-wide nonprofit food network that collects and distributes food to low income families, the ill and disabled, senior citizens, children’s programs, and other charitable nonprofit organizations. The current demand of food has caused an emergency shortfall in food supplies at the Food Basket’s two warehouses. Re: Comm. 529.2 Intr. by: Ms. Ford First Reading: February 1, 2012 Postponed: February 15, 2012 Bill 172: AMENDS CHAPTER 18, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PROMOTIONAL FARES Amends Section 18-90(e)(2) by extending the period for the transit administrator to establish promotional fares from 90 calendar days to 180 calendar days. Re: Comm. 537 Intr. by: Mr. Hoffmann First Reading: February 15, 2012 Page 6 Hawai‘i County Council-38 March 9, 2012 Bill 173: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Appropriates revenues in Federal Grants – Assistance to Firefighters Grant 2011 ($148,758); and appropriates same to Assistance to Firefighters Grant 2011. Re: Comm. 538 Intr. by: Ms. Ford (B/R) First Reading: February 15, 2012 Bill 174: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Appropriates revenues in Federal Grants – Criminal Justice System (CJS) Information Sharing – American Reinvestment and Recovery Act (ARRA) ($156,855); and appropriates same to CJS Information Sharing-ARRA. Re: Comm. 539 Intr. by: Ms. Ford (B/R) First Reading: February 15, 2012 Bill 175: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Appropriates revenues in State Grant – Wellhead Protection Financial Assistance Program ($250,000); and appropriates same to Honoka‘a Sewer Connection Grant Program. Re: Comm. 540 Intr. by: Ms. Ford (B/R) First Reading: February 15, 2012 Bill 176: AMENDS ORDINANCE NO. 11-60, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2011 TO JUNE 30, 2012 Adds Public Works: Reed’s Island Bridge Structural Rehabilitation – Federal ($5,046,000) and Reed’s Island Bridge Structural Rehabilitation – County ($1,262,000), for a total of $6,308,000; funds shall be provided from Federal Grants Receivable ($5,046,000) and General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($1,262,000), for a total of $6,308,000. Funds would be used for the Reed’s Island Rehabilitation project to strengthen the bridge to meet current truck and lateral seismic design loads, as prescribed by the Federal Highway Administration. Re: Comm. 541 Intr. by: Ms. Ford (B/R) First Reading: February 15, 2012 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Page 7 Hawai‘i County Council-38 March 9, 2012 Bill 177: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Increases revenues in Contribution from Private Source ($25,000); and appropriates same to Dell Foundation Emergency Medical Services (EMS) Equipment – Private. Re: Comm. 542 Intr. by: Ms. Ford (B/R) First Reading: February 15, 2012 Bill 182: AMENDS ORDINANCE NO. 11-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2012 Appropriates revenues in Federal Grants – Big Island Juvenile Intake and Assessment Center (BIJIAC) ($200,000); and appropriates same to BIJIAC. Re: Comm. 567 Intr. by: Ms. Ford First Reading: February 15, 2012 Bill 183: AMENDS CHAPTER 2, ARTICLE 15, SECTION 80.1 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE CODE OF ETHICS Amends the provisions in Section 2-80.1 regarding the distribution of mass mailings for campaign purposes concerning an incumbent candidate (council member, mayor and prosecuting attorney). This measure excludes public funds received by candidates from the Hawai‘i election campaign fund. Re: Comm. 572 Intr. by: Mr. Yagong First Reading: February 15, 2012 ; and Comm. 572.1: From Chairperson Dominic Yagong, dated February 22, 2012, transmitting a proposed amendment regarding Section 2-80.1 (Distribution of mass mailings prohibited during campaign). REPORTS PC-43 (Comm. 552): Recommends the confirmation of the appointment of Ms. Theresa L. Andreae (Council District 8) to the Kailua Village Design Commission. Page 8 Hawai‘i County Council-38 March 9, 2012 REFERRALS FOR EXECUTIVE SESSION Comm. 594: CLAIM AGAINST THE COUNTY/BENJAMIN C. BELTRAN From Deputy Corporation Counsel Kim K. Angay, dated February 17, 2012. The Council anticipates convening an executive meeting regarding the above matter, pursuant to Section 92-5(a)(4), for the purpose of consulting with Council’s attorney on questions and issues pertaining to the Council’s powers, duties, privileges, immunities, and liabilities. A 2/3 vote pursuant to HRS Section 92-4 and Rules 2 and 10 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Comm. 586.4: REQUESTS THE RECONSIDERATION OF COMMUNICATION 586 (A REQUEST FOR EXECUTIVE SESSION REGARDING CLAIMS FILED ON BEHALF OF GLEN SHIKUMA, PATRICIA NAKAMOTO, AND SHYLA AYAU: REQUEST TO HIRE SPECIAL COUNSEL) From Council Member Brenda J. Ford, dated February 23, 2012, requesting the reconsideration of the above matter. ; and Comm. 586: Request for Executive Session Regarding Claims Filed on Behalf of Glen Shikuma, Patricia Nakamoto, and Shyla Ayau: Request to Hire Special Counsel. From Chairperson Dominic Yagong, dated February 9, 2012, requesting that an executive session be convened for the purpose of discussing the above-referenced matter with the board’s attorney(s) as it pertains to the board’s powers, duties, privileges, immunities, and liabilities. ; and Comm. 586.1: From Chairperson Dominic Yagong, dated February 9, 2012, transmitting a copy of Communication No. 556.1, which was distributed at the start of the Council’s regularly scheduled meeting held on February 1, 2012. ; and Comm. 586.2: From Corporation Counsel Lincoln S. T. Ashida, dated February 7, 2012, requesting an executive session regarding a claim filed on behalf of Glen Shikuma and Patricia Nakamoto requesting to hire special counsel. ; and Comm. 586.3: From Corporation Counsel Lincoln S. T. Ashida, dated February 7, 2012, requesting an executive session regarding a claim filed on behalf of Shyla Ayau requesting to hire special counsel. ANNOUNCEMENTS ADJOURNMENT Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation “By Request” on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. Page 9 Hawai‘i County Council-38 March 9, 2012 The meeting places are accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 961-8255 by March 6, 2012. Relay users please call 711(961-8255) to contact our office. Notice is hereby given that pursuant to Hawai‘i Revised Statutes (hereinafter “HRS”) §92-3.5, the Hawai‘i County Council will be conducting this meeting via videoconference. Council Members will be present at the following locations:  County Council Room, Hawai‘i County Building, 25 Aupuni Street, First Floor, Room 1401  Kona Council Office, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A Public Attendance via Videoconference is available at the locations above and at the Waimea Council Office (Holomua Center, 64-1067 Māmalahoa Highway, Suite 5), and at the Pāhoa Council Office (Pāhoa Marketplace, 15-2660 Pāhoa Village Road, Room 304), until 4:30 p.m., or later in the event public witness testimony has not been completed. If audio stream between Kona and Hilo is lost for more than a short period of time, the meeting will be terminated. Copies of this agenda and items listed on the agenda are available on the County Council-Clerk web page at http://www.hawaiicounty.gov/lb-council-meeting. For further information, please call 961-8255. fourteen (14) Submitting Testimony: Those submitting written testimony at the meeting should bring copies for before 12:00 noon on the business day prior to the distribution. Public testimony may also be submitted meeting :(1) by mail to the County Clerk’s Office in Hilo at 25 Aupuni Street, Hilo, Hawai‘i, 96720; (2) by Please submit separate facsimile to (808) 961-8912; or (3) by e-mail to counciltestimony@co.hawaii.hi.us. testimony for each item. Viewing of Meetings on Government Access Television - Channel 52: stththrdth Wednesdays, March 21 and 28 at 6 p.m.; Fridays, March 16 and 23 at 12 p.m.; and Sundays, March 18 and th 25 at 9 a.m. (These airtimes are subject to preemption by broadcasts from the State Legislature, and are subject to change by Na Leo ‘O Hawai‘i. Please check the current legislative broadcast schedule on the Na Leo ‘O Hawai‘i website at http://www.naleo.tv/schedule.) UPCOMING MEETINGS TUESDAY, MARCH 20, 2012 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A WEDNESDAY, MARCH 21, 2012 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A TUESDAY, APRIL 3, 2012 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, APRIL 4, 2012 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street Page 10