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Home My WebLink AboutAGE COUNCIL 2013/04/09 2012-2014 J YOSHIMOTO �,�''"'- .., BRENDA FORD Chairperson and Presiding Officer /`v 414 GREGGOR ILAGAN �.'�";,,//, ;. DRU MAMO KANUHA KAREN EOFF _"" ZENDO KERN Vice-Chairperson • 'r,�`r. �:" ��'. DENNIS"FRESH"ONISHI ...`.. ` VALERIE T. POINDEXTER MARGARET WILLE COUNTY COUNCIL County of Hawai Hawai`i County Building 25 Aupuni Street 7 Hilo, Hawai'i 96720 9th Session ':? C ) ORDER OF BUSINESS Hawai`i County Council 25 Aupuni Street Hilo, Hawai`i Tuesday, April 9, 2013 9:00 a.m. INVOCATION Reverend Jack Snell of Puna Covenant CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai`i County is an Equal Opportunity Provider and Employer. Hawai‘i County Council-9 April 9, 2013 PETITIONS, 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 COMMUNICATIONS ORDER OF RESOLUTIONS Res. 79-13: AUTHORIZES THE EXTENSION OF THE PUBLIC SEWER FROM THE MANAWALE‘A STREET/ANE KEOHOKĀLOLE HIGHWAY INTERSECTION THRU THE PROPOSED MANAWALE‘A AND KA‘EKA STREETS WITHIN TAX MAP KEYS: 7-4-021:026 AND 7-4-021:044 FOR PHASE 1A OF THE KAMAKANA VILLAGES, SITUATED IN KEALAKEHE AND KEAHUOLU, NORTH KONA, HAWAI‘I, FOR FOREST CITY HAWAI‘I KONA, LLC Authorizes the extension of the public sewer system to provide service for the proposed commercial and residential development of the Kamakana Villages Phase 1A Subdivision, and will also permit the wastewater generated from the affordable housing project to be treated at the County’s Kealakehe Wastewater Treatment Plant. Further requests that the applicant be reimbursed for the cost of the sewer extension. Reference: Comm. 175 Intr. by: Mr. Kern (B/R) Approve: EMC-1 Page 2 Hawai‘i County Council-9 April 9, 2013 Res. 84-13: URGES THE 2013 HAWAI‘I STATE LEGISLATURE TO ADDRESS THE SOLVENCY OF THE HAWAI‘I ELECTION CAMPAIGN FUND, AND REQUESTS THE CAMPAIGN SPENDING COMMISSION TO ENSURE THAT PUBLIC FUNDING IS AVAILABLE TO CANDIDATES AT LEAST IN THE PRIMARY ELECTION Urges the Legislature to: 1) Appropriate general funds for the administration and payroll expenses of the Campaign Spending Commission; 2) Raise the dollar amount of the state income tax check-off to the Hawai‘i Election Campaign Fund; 3) Lower the fund balance limit at which the Hawai‘i County Council Pilot Comprehensive Election Funding Program is rendered inoperative; 4) Allow candidates the option to use public funding for the primary but not for the general election; and 5) Establish a mechanism to allow for funding of primary elections only, if funds are insufficient to support both the primary and general elections. Reference: Comm. 187 Intr. by: Ms. Wille Waived: GREDC ; and Comm. 187.1: From Governmental Relations and Economic Development Committee Chair Dennis “Fresh” Onishi, dated March 14, 2013, requesting that this matter be waived to the Council for immediate action. Res. 85-13: REQUESTS THAT THE MAYOR AUTHORIZE THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF A PARCEL TMK: 9-2-185:049 IN THE AHUPUA‘A OF KAHUKU, KA‘Ū Authorizes the Finance Director to initiate any funding mechanisms required for the acquisition. The purchase of this parcel will make it a permanent park and ride bus stop (currently, the County is leasing this parcel for the Ocean View Park and Ride Bus Lot). Reference: Comm. 188 Intr. by: Ms. Ford Approve: FC-51 Page 3 Hawai‘i County Council-9 April 9, 2013 Res. 86-13: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTI-FUNCTION COPIER FOR THE DEPARTMENT OF PARKS AND RECREATION Authorizes the Mayor to enter into a five-year lease agreement at a cost not to exceed $300 per month. The copier will be used by the Department of Parks and Recreation’s Coordinated Services for the Elderly section at the Aging and Disability Resource Center. Reference: Comm. 197 Intr. by: Ms. Poindexter Approve: FC-52 Res. 87-13: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE UNITED STATES DEPARTMENT OF THE ARMY, PURSUANT TO HRS SECTION 46-7, TO USE A BUILDING ON KĪLAUEA MILITARY CAMP TO OPERATE A FIRE STATION The Department of the Army desires to allow the Fire Department to continue using Building 59 for the purpose of maintaining and operating the Volcano Fire Station, and has proposed a License Agreement to formalize this arrangement for a term beginning September 15, 2010 and ending August 31, 2015. Reference: Comm. 198 Intr. by: Ms. Poindexter Approve: FC-53 Res. 88-13: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF HAWAI‘I – OFFICE OF RESEARCH SERVICES, PURSUANT TO HRS 46-7, FOR A GRANT TO FUND THE PURCHASE OF MATERIALS FOR ROAD MAINTENANCE ALONG KEANAKOLU ROAD (MANA ROAD) Mauna Kea Watershed Alliance (MKWA) is coordinating watershed management activities and inter-agency coordination, and has designated $15,000 to the Public Works Department to purchase materials for road maintenance along Keanakolu Road (the main road to the MKWA project site). Reference: Comm. 203 Intr. by: Ms. Poindexter Approve: FC-55 Page 4 Hawai‘i County Council-9 April 9, 2013 Res. 89-13: GRANTS A VARIANCE FROM CHAPTER 3, SECTION 3-58(c) HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), TO ALLOW ONE WALL SIGN ON 75-934 HENRY STREET, TMK NUMBER: (3)7-5-004:031 (ZONED CG-20, KAILUA VILLAGE SPECIAL DESIGN DISTRICT) Starbucks Coffee Company has submitted an application for a sign variance. The proposed projecting sign/symbol will be placed on the building’s wall ten feet above ground level along the Henry Street and Kuakini Highway frontage. Reference: Comm. 205 Intr. by: Mr. Kanuha (B/R) Approve: PWPRC-15 Res. 90-13 (Draft 2): GRANTS A VARIANCE FROM CHAPTER 3, SECTIONS 3-58(c)(1), 3-59(a)(4), AND 3-61(a)(2) HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), TO ALLOW FOUR WALL SIGNS ON 75-5570 KUAKINI HIGHWAY, TMK NUMBER: (3)7-5-005:085 (ZONED ML-20, KAILUA VILLAGE SPECIAL DESIGN DISTRICT) Hawai‘i Tire Company, LLC, has submitted an application for a sign variance for four wall signs at two buildings. The proposed signs at the Lex Brodie’s Tire Store and at the Fastlube building will be placed on each building’s wall at 17 feet above ground level along the Kaiwi Street and Kuakini Highway frontage. Reference: Comm. 206.2 Intr. by: Mr. Kanuha Approve: PWPRC-16 Res. 92-13: ACCEPTS A GRANT OF EASEMENT FROM ROBERT MILBANK, JR., TRUSTEE IN THE BANKRUPTCY CASE OF PACIFIC PLAINS COMPANY, LLC FOR PUBLIC ACCESS PURPOSES The grant of easement described and delineated in “Exhibit 1,” which is attached to this resolution, will provide vehicular, parking, and pedestrian public access to and laterally along the North Kohala coastline. Reference: Comm. 210 Intr. by: Ms. Poindexter Approve: FC-58 Page 5 Hawai‘i County Council-9 April 9, 2013 Res. 93-13: SUPPORTS THE APPOINTMENT OF JAMES D. HEALY TO THE NATIONAL FREIGHT ADVISORY COMMITTEE The U.S. Department of Transportation is soliciting nominations for membership to the National Freight Advisory Committee (NFAC). States that Mr. Healy has been a vocal proponent of local governments working with freight, shipping, and railroad industries, and requests the U.S. Secretary of Transportation appoint him to NFAC to represent the views and interests of the counties of the United States. Reference: Comm. 215 Intr. by: Mr. Onishi Waived: GREDC Res. 94-13: AUTHORIZES THE APPROPRIATION AND USE OF A PRIOR YEAR’S FUNDS RESULTING FROM THE CANCELLATION OF PURCHASE ORDERS States the County Clerk authorized purchase orders towards legal services during the 2010-2012 Council Term (the Finance Director rejected the purchase orders due to the lack of required authorization by the Council resulting in unencumbered funds totaling $42,499). This measure appropriates the unencumbered funds for use in the current fiscal year. Reference: Comm. 216 Intr. by: Mr. Yoshimoto Waived: FC Res. 95-13: AUTHORIZES THE ACCEPTANCE OF A FORTY FOOT DRY CONTAINER FROM MATSON Donated by Matson with an estimated value between $6,500 to $7,000, the container will be used for the storage of equipment and supplies by the Department of Parks and Recreation’s Parks Maintenance Division. Reference: Comm. 218 Intr. by: Ms. Poindexter Waived: FC Res. 97-13: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAI‘I BY AMENDING RULE NO. 9, RELATING TO COMMITTEE REPORTS The amendment changes the format of the Committee Reports as contained in “Exhibit A,” which is attached to this resolution. Reference: Comm. 225 Intr. by: Ms. Ford Page 6 Hawai‘i County Council-9 April 9, 2013 BILLS FOR ORDINANCES (FIRST READING) Bill 43: AMENDS ORDINANCE NO. 12-87, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2012 TO JUNE 30, 2013 Adds Parks and Recreation: Kahuku Park Improvements, Phase 5, Grading ($100,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($100,000). Funds will be used for the design, engineering, and grading for Kahuku Park improvements. Re: Comm. 176 Intr. by: Ms. Ford Approve: FC-48 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Bill 45: AMENDS ORDINANCE NO. 12-87, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2012 TO JUNE 30, 2013 Adds Parks and Recreation: Ocean View Park and Ride Bus Lot (Land, Street Light, and Bus Shelter) ($94,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($94,000). Funds will be used towards the purchase of property for a permanent bus station-park and ride location, placement of a new street light, bus shelter, and possible pavement for access and egress from/to the shelter and the bus. Re: Comm. 182 Intr. by: Ms. Ford Approve: FC-49 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-9 April 9, 2013 Bill 46: ADOPTS A PAY PLAN FOR PERSONS EMPLOYED BY THE COUNTY OTHER THAN THOSE WHOSE PAY IS OTHERWISE PROVIDED FOR, DESIGNATING PAYROLL PERIODS, PAY DAYS, PRESCRIBING REQUIREMENTS WITH RESPECT TO OFFICIAL FIDELITY BONDS, AND REPEALING ORDINANCE NO. 12-84 AND ALL AMENDMENTS THERETO, SAID ORDINANCE TO BE KNOWN AS THE SALARY ORDINANCE OF 2013 This measure also covers other matters relating to the compensation and temporary employment of County employees. The only amendment is contained in Section 2, “Payroll periods; pay days; fractional computation” where new th language was included concerning the June 30 payroll lag. No adjustments were made to salaries. Re: Comm. 184 Intr. by: Ms. Poindexter Approve: FC-50 Bill 48: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 2, SECTION 24-264 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO MOVING VEHICLES Amends the Hawai‘i County Code in accordance with the Māmalahoa Highway Bypass Road project. Amends Schedule 12, Stop intersections, subsection (f), by deleting items (9) and (15); and revises existing items (14) and (16), respectively, to state, “Ali‘i Drive, eastbound approach to Māmalahoa Bypass Highway” and “Haleki‘i Street westbound approach to Māmalahoa Bypass Highway.” Re: Comm. 191 Intr. by: Mr. Kanuha Approve: PWPRC-9 Bill 49: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 4, SECTION 24-278 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PEDESTRIANS Amends the Hawai‘i County Code in accordance with the Māmalahoa Highway Bypass Road project. Amends Schedule 26, Roads closed to pedestrian traffic, subsection (f), by deleting items (1) and (2) relating to the Māmalahoa Highway Bypass Road project. Re: Comm. 192 Intr. by: Mr. Kanuha Approve: PWPRC-10 Page 8 Hawai‘i County Council-9 April 9, 2013 Bill 50: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-260 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Revises the speed limits along Māmalahoa Bypass Highway in accordance with the Māmalahoa Highway Bypass Road project, and to be more appropriate to the current conditions of the roadway. Amends Schedule 8, 45-mile per hour limit, subsection (f), by revising item (4) to state, “Māmalahoa Bypass Highway.” Re: Comm. 193 Intr. by: Mr. Kanuha Approve: PWPRC-11 Bill 51: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-257 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Revises the speed limits along Ali‘i Drive to be more appropriate to the current conditions of the roadway. Amends Schedule 5, 35-mile per hour limit, subsection (f), by revising item (1) to state, “Ali‘i Drive, from Kamehameha III Road to Māmalahoa Bypass Highway.” Re: Comm. 194 Intr. by: Mr. Kanuha Approve: PWPRC-12 Bill 52: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, SECTION 24-255 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Revises the speed limits along Ali‘i Drive to be more appropriate to the current conditions of the roadway. Amends Schedule 3, 25-mile per hour limit, subsection (f), by deleting items (8) and (9); and revising item (1) to state, “Ali‘i Drive, from Māmalahoa Bypass Highway to its southern terminus.” Re: Comm. 195 Intr. by: Mr. Kanuha Approve: PWPRC-13 Page 9 Hawai‘i County Council-9 April 9, 2013 Bill 53: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 2, SECTION 24-274.1 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO MOVING VEHICLES Corrects the item by changing Kaleiopapa Road to the proper designation of Kaleiopapa Street. Re: Comm. 196 Intr. by: Mr. Kanuha Approve: PWPRC-14 Bill 54: AMENDS ORDINANCE NO. 11-40 OF THE COUNTY OF HAWAI‘I, PERTAINING TO THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE PURPOSE OF FINANCING VARIOUS PUBLIC IMPROVEMENTS DESCRIBED THEREIN Amends the project authorization amounts for two Housing projects by reducing “Kawaihae Housing Closure” by $1,291,332.55 and increasing “Kaloko Housing Project” by the same amount. There is no change to the total amount of the bond authorization of $56,000,000. Re: Comm. 199 Intr. by: Ms. Poindexter Approve: FC-54 Note: 2/3 vote required, pursuant to Section 47-5, Hawai‘i Revised Statutes Bill 55: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Appropriates revenues in State Grants – Mauna Kea Watershed Alliance (MKWA) Grant ($15,000); and appropriates same to MKWA Grant. Re: Comm. 203 Intr. by: Ms. Poindexter Approve: FC-56 Page 10 Hawai‘i County Council-9 April 9, 2013 Bill 56: AMENDS ORDINANCE NO. 10-56 OF THE COUNTY OF HAWAI‘I, PERTAINING TO THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE PURPOSE OF FUNDING ALL OR A PORTION OF THE COSTS OF VARIOUS CAPITAL IMPROVEMENT PROJECTS FOR THE COUNTY Amends the exhibit to Ordinance 10-56 to adjust funding for various projects based on actual needs and final costs that differ from the original estimates in the bond ordinance and subsequent amendments. Repairs and improvements to County facilities maintained by the Departments of Parks and Recreation and Public Works are ongoing and require additional funding, and Kawailani Fire Station was added to this authorization. There is no change to the total amount of the bond authorization of $114,588,700. Re: Comm. 204 Intr. by: Ms. Poindexter Approve: FC-57 Note: 2/3 vote required, pursuant to Section 47-5, Hawai‘i Revised Statutes ORDER OF THE DAY (SECOND OR FINAL READING) Bill 228 (Draft 2): AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, (2010-2012) CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM FAMILY AGRICULTURAL – 2 ACRES (FA-2a) TO FAMILY AGRICULTURAL – 1 ACRE (FA-1a) AT PONAHAWAI, SOUTH HILO, HAWAI‘I, COVERED BY TAX MAP KEY: 2-5-040:018 (Applicant: Leslie A. Botelho and Betty Jean Botelho; Area: 2.116 acres) The applicants request a Change of Zone from Family Agricultural – 2 acre (FA-2a) to Family Agricultural – 1 acre (FA-1a) in order to subdivide the property into two parcels. Re: Comm. 668.4 Intr. by: Mr. Ikeda Postponed: May 15, June 6 and 19, and July 3, 2012 First Reading: March 28, 2013 Page 11 Hawai‘i County Council-9 April 9, 2013 Bill 31 (Draft 2): AMENDS ORDINANCE NO. 12-87, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2012 TO JUNE 30, 2013 Adds Parks and Recreation: Kahuku Park Improvements-Phase 1, Water System Improvements ($200,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($200,000). This project will address public health and safety relating to potable water (drinking, irrigation, and an auxiliary source of potable water in a disaster). Reference: Comm. 88.2 Intr. by: Ms. Ford Postponed: February 20, 2013 First Reading: March 28, 2013 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Bill 33: AMENDS ORDINANCE NO. 07-160 WHICH AMENDED ORDINANCE NO. 97-56, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL – 5 ACRES (A-5a) TO SINGLE FAMILY RESIDENTIAL – 10,000 SQUARE TH FEET (RS-10) AT KALAOA 4, NORTH KONA, HAWAI‛I, COVERED BY TAX MAP KEY: 7-3-028:082 – 102 (FORMERLY 7-3-010:037) (Applicant: RS10 Kalaoa, LLC; Approximately 10.283 Acres) The applicant requests to amend Condition D (time to secure Final Subdivision Approval), and Condition J (fair share requirements) of Change of Zone Ordinance No. 07-160, and is in the process of subdividing and developing 31 residential units located between the Kona Coastview and Kona Palisades Subdivisions, and requests a five-year time extension. Reference: Comm. 103 Intr. by: Mr. Kern (B/R) First Reading: March 28, 2013 Page 12 Hawai‘i County Council-9 April 9, 2013 Bill 36: AMENDS ORDINANCE NO. 12-87, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2012 TO JUNE 30, 2013 Adds Parks and Recreation: Kahuku Park Improvements, Phase 2, Americans with Disabilities Act (ADA) Ramps ($600,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($600,000). Funds will be used to address ADA concerns (ramps to the pavilion and ball field). Reference: Comm. 128 Intr. by: Ms. Ford First Reading: March 28, 2013 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Bill 37: AMENDS ORDINANCE NO. 12-87, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2012 TO JUNE 30, 2013 Adds Parks and Recreation: Kahuku Park Improvements, Phase 3, Children’s Playground Equipment, Matting, and Gazebo ($250,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($250,000). Funds will be used to add, replace, improve and repair children’s playground equipment (regulation matting, gazebo, and BBQ apparatus). Reference: Comm. 129 Intr. by: Ms. Ford First Reading: March 28, 2013 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Page 13 Hawai‘i County Council-9 April 9, 2013 Bill 38 (Draft 2): AMENDS ORDINANCE NO. 12-87, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2012 TO JUNE 30, 2013 Adds Parks and Recreation: Kahuku Park Improvements, Phase 4, Community Center, Gymnasium and Emergency Shelter ($5,100,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($5,100,000). Funds will be used towards the construction of a community center, gymnasium, restrooms, certified kitchen, storage for Civil Defense supplies, and a second water reservoir to serve the community center. Reference: Comm. 130.2 Intr. by: Ms. Ford First Reading: March 28, 2013 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Bill 41: AMENDS THE GEOTHERMAL RELOCATION AND COMMUNITY BENEFIT FUND OF ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Appropriates revenues in Fund Balance from Previous Year ($700,000); and appropriates same to Geothermal – Other Current Expense. Presently, there are 23 requests for relocation regarding the Geothermal Relocation Program, and the funds are needed to meet the first few relocation requests that will be processed in the present fiscal year. Reference: Comm. 153 Intr. by: Ms. Poindexter First Reading: March 28, 2013 Bill 42: AMENDS THE BEAUTIFICATION FUND OF ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Appropriates revenues in Fund Balance from Previous Year ($97,000); and appropriates same to Roadside Beautification – Other Current Expense ($72,000) and Parks Roadside Beautification – Other Current Expense ($25,000), for a total of $97,000. Funds will be used by the Public Works Department for the purchase of trash bins, reimbursement for highway labor costs, and irrigation costs; and by the Parks and Recreation Department for maintenance tree trimming projects. Reference: Comm. 154 Intr. by: Ms. Poindexter First Reading: March 28, 2013 Page 14 Hawai‘i County Council-9 April 9, 2013 Bill 47: AMENDS ORDINANCE NO. 12-87, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2012 TO JUNE 30, 2013 Adds Public Works: Puainako Street Extension – State ($300,000); funds shall be provided from State Grants Receivable ($300,000). Funds will be used for the purchase of right-of-way for the Puainako Street Extension Project from Komohana Street to the intersection of Country Club Road and Kaumana Drive. Reference: Comm. 185 Intr. by: Ms. Poindexter First Reading: March 28, 2013 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter REPORTS PC-32: Recommends the confirmation of the appointment of Mr. Gregory C. Henkel (Comm. 190) (Puna District) to the Windward Planning Commission. PSMTC-7: Recommends the confirmation of the appointment of Mr. John M. Bertsch (Comm. 189) (Council District 8) to the Police Commission. PSMTC-8: Recommends the confirmation of the appointment of Mr. Keith T. Morioka (Comm. 201) (Council District 3) to the Police Commission. REFERRALS FOR EXECUTIVE SESSION A 2/3 vote pursuant to Hawai‘i Revised Statutes, Section 92-4 and Rules No. 2 and No. 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.) ANNOUNCEMENTS ADJOURNMENT Page 15 Hawai‘i County Council-9 April 9, 2013 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. The meeting places are accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 961-8255 by April 4, 2013. Relay users please call 711(961-8255) to contact our office. Public attendance via videoconference is available at the following locations until 4:30 p.m. or later in the event public witness testimony has not been completed:  Kona Council Office, West Hawaii Civic Center, 74-5044 Ane Keohokālole Highway, Building A  Waimea Council Office, Holomua Center, 64-1067 Māmalahoa Highway, Suite 5  Pāhoa Council Office, Pāhoa Marketplace, 15-2660 Pāhoa Village Road, Room 304 Public attendance via videoconference will not be available at the Hawaiian Ocean View Estates Community Center, 92-8924 Leilani Circle. If for technical or other unanticipated circumstances the video connection cannot be made and/or is disrupted, the scheduled meeting will continue. 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. Submitting Video Testimony: Those submitting video testimony may e-mail a complete web address (url) to before 12:00 noon on the business day prior to the meeting videotestimony@hawaiicounty.gov . The e-mail shall indicate the appropriate Committee or Council meeting, the meeting date, agenda item (communication, bill, resolution, Each video submittal shall be limited to a single or report number), and number of testifiers on the video submittal. agenda item . Video submittals may contain up to three individual testifiers and shall each be up to three minutes in length. Video testimony will not be played during the meeting; however, it will be distributed to Council Members prior to the meeting. The Office of the County Clerk reserves the right to refuse testimony containing inappropriate Allowable video content or that is not in compliance with Council Rule 13 (Public Statements and Testimony). formats are to be internet-based, downloadable, and accessible to this office and the general public; e.g. YouTube being the most commonly known but any, of similar functionality and format we can access and review, is acceptable. Viewing of Meetings on Government Access Television - Channel 55: ththth Wednesdays, April 17 (to follow the viewing the Council’s March 28 meeting at 6 p.m.) and 24 at 6 p.m.; ththth Fridays, April 19 (to follow the viewing of the Council’s March 28 meeting at 12 p.m.) and 26 at 12 p.m.; and stth Sundays, April 21 and 28 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/tv-schedules/channel-52/.) Page 16 Hawai‘i County Council-9 April 9, 2013 UPCOMING MEETINGS WEDNESDAY, APRIL 10, 2013 SPECIAL MEETING OF 9:00 A.M. COUNCIL ROOM - HILO THE FINANCE COMMITTEE 25 Aupuni Street THURSDAY, APRIL 11, 2013 SPECIAL MEETING OF 9:00 A.M. COUNCIL ROOM - HILO THE FINANCE COMMITTEE 25 Aupuni Street FRIDAY, APRIL 12, 2013 SPECIAL MEETING OF 9:00 A.M. COUNCIL ROOM - HILO THE FINANCE COMMITTEE 25 Aupuni Street TUESDAY, APRIL 16, 2013 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A COUNCIL PUBLIC HEARING 5:00 P.M. WEST HAWAI‘I CIVIC CENTER RE OPERATING AND CAPITAL 74-5044 Ane Keohokālole Highway IMPROVEMENT BUDGETS Building A WEDNESDAY, APRIL 17, 2013 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A Page 17