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Home My WebLink AboutAGE COUNCIL 2014/03/19 2012-2014 J YOSHIMOTO •0.15v-9."1� � BRENDA FORD Chair and Presiding Officer V,17 GREGGOR ILAGAN .; �.':!•;,,�/, ;. DRU MAMO KANUHA KAREN EOFF --` "r ZENDO KERN Vice Chair ,,+r�r N DENNIS"FRESH" ONISHI VALERIE T. POINDEXTER MARGARET WILLE COUNTY COUNCIL County of Hawai`i Hawai`i County Building 25 Aupuni Street Hilo, Hawai`i 96720 37th Session ORDER OF BUSINESS West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A ► Kailua-Kona, Hawai`i V March 19, 2014 9:00 a.m. (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) INVOCATION Pastor Dean Stanley of Kona Baptist Church CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Serving the Interests of the People of Our Island Hawai`i County is an Equal Opportunity Provider and Employer. Hawai‘i County Council-37 March 19, 2014 PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE Boy Scouts of Presentation of Certificates of Merit sponsored by Council Member Dru Mamo America – Eagle Kanuha recognizing and congratulating Andrew Lyle Creitz and James Christian Scout: Whalen for their achievement in earning the Boy Scouts of America’s highest rank of Eagle Scout. Reference: Comm. 713 Kohala by the Sea Presentation of a Certificate of Merit sponsored by Council Member Margaret Firewise Wille recognizing and congratulating Kohala by the Sea Firewise Community for Community: 10 years of dedicated effort, commitment, and its national recognition of achievement as part of the Firewise Communities USA program. Reference: Comm. 733 9:30 A.M.: STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (NOTE: COUNCIL MAY TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR.) APPROVAL OF MINUTES COMMUNICATIONS Comm. 675: NOMINATES MR. WILLIAM E. MEYERS TO THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION From Mayor William P. Kenoi, dated February 3, 2014, submitting for the Council’s review and confirmation the above nomination. Waived: FC Comm. 676: NOMINATES MS. CAROL R. IGNACIO TO THE FIRE COMMISSION From Mayor William P. Kenoi, dated February 3, 2014, submitting for the Council’s review and confirmation the above nomination. Waived: PSMTC Page 2 Hawai‘i County Council-37 March 19, 2014 Comm. 705: NOMINATES MR. JOHN DILL TO THE ENVIRONMENTAL MANAGEMENT COMMISSION From Mayor William P. Kenoi, dated February 18, 2014, submitting for the Council’s review and confirmation the above nomination. Waived: EMC (Comm. 705.1) ORDER OF RESOLUTIONS Res. 243-13: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR BUS PASSES FOR THE RESIDENTS OF THE WEST HAWAI‘I DOMESTIC ABUSE SHELTER Transfers/appropriates $180 out and from Clerk-Council Services – Contingency Relief (Council District 6); credits same to Mass Transit Agency, Mass Transit Other Current Expenses, Miscellaneous Contract Services (Bus Passes, West Hawai‘i Domestic Abuse Shelter). Reference: Comm. 548 Intr. by: Ms. Ford Waived: FC Postponed: December 18, 2013; January 8, 2014; and February 5, 2014 (Note: There is a pending motion by Ms. Ford and duly seconded by Mr. Kern to approve Res. 243-13.) ; and Comm. 548.1: From Council Member Brenda J. Ford, dated February 28, 2014, transmitting a proposed amendment to Resolution 243-13 to increase the amount of the appropriation. Res. 317-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR SHIPPING OF BOOKS FOR CREATING READERS IN BABIES (C.R.I.B.) Transfers/appropriates $1,000 out and from Clerk-Council Services – Contingency Relief (Council District 8); credits same to Department of Liquor Control, Public Programs, Miscellaneous Contract Services (Project C.R.I.B. – Twinkling Stars 4-H). Reference: Comm. 703 Intr. by: Ms. Eoff Waived: FC Page 3 Hawai‘i County Council-37 March 19, 2014 Res. 319-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE JUNIOR POLICE OFFICER (JPO) PROGRAM Transfers/appropriates $1,500 out and from Clerk-Council Services – Contingency Relief (Council District 4); credits same to Office of the Prosecuting Attorney, Prosecuting Attorney Other Current Expenses, Miscellaneous Contract Services (Assists the JPO Program in Puna). Funds would be used to continue the JPO program in Puna and to assist with JPO Appreciation Day to take place on May 27, 2014. Reference: Comm. 709 Intr. by: Mr. Ilagan Waived: FC Res. 320-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE PROJECT LIFESAVER PROGRAM Transfers/appropriates $3,000 out and from Clerk-Council Services – Contingency Relief (Council District 3); credits same to Hawai‘i Fire Department, Fire Protection Equipment, Rescue Equipment (Project Lifesaver). Funds would be used to provide tracking bracelets and remote tracking devices. Reference: Comm. 710 Intr. by: Mr. Onishi Waived: FC Res. 321-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE PURCHASE OF MATERIALS TO RESURFACE THE TENNIS COURTS AT KAILUA PLAYGROUND Transfers/appropriates $5,000 out and from Clerk-Council Services – Contingency Relief (Council District 7); credits same to Department of Parks and Recreation, Parks Maintenance Other Current Expenses, Miscellaneous Materials and Supplies (Kailua Playground). Reference: Comm. 711 Intr. by: Mr. Kanuha Waived: FC Page 4 Hawai‘i County Council-37 March 19, 2014 Res. 322-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE PURCHASE OF TWO REGULATION SIZE TABLE TENNIS TABLES FOR THE KEKUAOKALANI GYMNASIUM Transfers/appropriates $2,000 out and from Clerk-Council Services – Contingency Relief (Council District 7); credits same to Department of Parks and Recreation, Recreation Division Equipment, Miscellaneous Equipment (Table Tennis Tables). Reference: Comm. 712 Intr. by: Mr. Kanuha Waived: FC Res. 323-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR TOBACCO-FREE SIGNS AT COUNTY PARKS AND RECREATIONAL FACILITIES IN PUNA Transfers/appropriates $2,000 out and from Clerk-Council Services – Contingency Relief (Council District 5); credits same to Department of Parks and Recreation, Parks Maintenance Other Current Expenses, Building and Construction Materials, (Tobacco-free signs in Puna). Reference: Comm. 714 Intr. by: Mr. Kern Waived: FC Res. 324-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR FIREWORKS FOR THE FOURTH OF JULY PROGRAM IN HILO Transfers/appropriates $10,000 out and from Clerk-Council Services – Contingency Relief (Council District 2); credits same to Department of Parks and Recreation, Culture/Arts Other Current Expenses, Miscellaneous Contract Services (Fourth of July Program). Funds would be used to purchase supplies for the annual fireworks display in Hilo Bay. Reference: Comm. 715 Intr. by: Mr. Yoshimoto Waived: FC Page 5 Hawai‘i County Council-37 March 19, 2014 Res. 325-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO THE DEPARTMENT OF PUBLIC WORKS, HIGHWAYS DIVISION, TO REPAIR CERTAIN UNPAVED ROADS IN PUNA Transfers/appropriates $5,000 out and from Clerk-Council Services – Contingency Relief (Council District 4); credits same to Department of Public Works, Highways Division, Transfer to Highway Fund, Transfer to Highway Fund (Bulk Purchase Aggregate Material). Funds would be used to purchase 20 tons of aggregate material. Reference: Comm. 719 Intr. by: Mr. Ilagan Waived: FC Res. 326-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE 2014 HONOKA‘A WESTERN WEEK FESTIVAL Transfers/appropriates $7,000 out and from Clerk-Council Services – Contingency Relief (Council District 1); credits same to Department of Parks and Recreation, Culture/Arts Other Current Expenses, Miscellaneous Contract Services (Honoka‘a Western Week). Reference: Comm. 720 Intr. by: Ms. Poindexter Waived: FC Res. 327-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE PURCHASE OF A “STEALTH STAT SELF-RADAR” FOR THE POLICE DEPARTMENT Transfers/appropriates $3,226.25 out and from Clerk-Council Services – Contingency Relief (Council District 5); credits same to Police Department, Police Administration Division-Equipment, Miscellaneous Equipment (Stealth Stat Self- Radar). Funds would be used to aid with patrolling and enforcing speed limits in Hawai‘i County. Reference: Comm. 722 Intr. by: Mr. Kern Waived: FC Page 6 Hawai‘i County Council-37 March 19, 2014 Res. 328-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR EDUCATION, TRAINING, AND EQUIPMENT FOR THE COMMUNITY EMERGENCY RESPONSE TEAMS (C.E.R.T.) AND NEIGHBORHOOD WATCH PROGRAMS Transfers/appropriates $3,000 out and from Clerk-Council Services – Contingency Relief (Council District 8); credits same to Civil Defense Agency, Civil Defense Agency Other Current Expenses, Miscellaneous Contract Services (C.E.R.T. and Neighborhood Watch). Reference: Comm. 723 Intr. by: Ms. Eoff Waived: FC Res. 331-14: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, PURSUANT TO HAWAI‘I REVISED STATUTES 46-7, TO PROVIDE WORKERS’ COMPENSATION ADMINISTRATION SERVICES Renews the Human Resources Department’s agreement with the State for the above services for the Parks and Recreation and Police Departments. Reference: Comm. 728 Intr. by: Ms. Poindexter Waived: FC (Note: Under the topic heading of “Referrals for Executive Session” on this agenda, Resolution 331-14 has been listed in anticipation that the Council may convene an executive session on this matter.) Res. 333-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE ‘OHANA FUN DAY Transfers/appropriates $700 out and from Clerk-Council Services – Contingency Relief (Council District 3); credits same to Prosecuting Attorney, Prosecuting Attorney Other Current Expenses, Miscellaneous Charges (‘Ohana Fun Day). Funds would be used to purchase school supplies, paper goods, and condiments. Reference: Comm. 735 Intr. by: Mr. Onishi Waived: FC Page 7 Hawai‘i County Council-37 March 19, 2014 BILLS FOR ORDINANCES (FIRST READING) Bill 216: AMENDS ORDINANCE NO. 13-65, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2014 Increases revenues from the Transfer from General Fund account ($5,000); and appropriates same to the Puna Road Other Current Expenses, Highway Materials account. Funds would be used to purchase aggregate material for the repair of unpaved roads in the Puna District. Reference: Comm. 727 Intr. by: Ms. Poindexter Waived: FC ORDER OF THE DAY (SECOND OR FINAL READING) Bill 196: AMENDS ORDINANCE NO. 13-66, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2013, TO JUNE 30, 2014 Establishes the following program appropriations: Roadway Projects (Engineering) ($1,661,709.92); Bridge Inspection, Repair and Replacement Program (Engineering) ($359,828.44); and Local Road Improvements (Highways) ($278,583.05), for a total amount of $2,300,121.41; funds shall be provided from the lapsed Fuel Tax Increase funds in the Capital Projects Fund, Fuel Tax Increase 2010-2012 account ($2,300,121.41). Exhibit A, attached to the bill, lists the specific projects in each category. Reference: Comm. 656 Intr. by: Ms. Poindexter First Reading: March 7, 2014 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Page 8 Hawai‘i County Council-37 March 19, 2014 Bill 197: AMENDS ORDINANCE NO. 13-65, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2014 Appropriates revenues in the Fund Balance from Previous Year - Reserved account ($274,703.67); and appropriates same to the Transfer to Capital Projects Fund - Highway account. These fiscal year 2011-2012 excess fuel tax revenues would be appropriated to Transfer to the Capital Projects Fund to be expended by the Public Works Department. Reference: Comm. 657 Intr. by: Ms. Poindexter First Reading: March 7, 2014 Bill 198: AMENDS ORDINANCE NO. 13-66, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2013, TO JUNE 30, 2014 Adds the Public Works Hokulia Bypass Road - Private project for $20 million to the capital budget. Funds for this project shall be provided from Private Contributions ($20 million), and would be used for the completion of the Hokulia/Māmalahoa Highway Bypass Road from Kaleiopapa Street to and including the Nāpo‘opo‘o Road /Māmalahoa Highway intersection. This project also includes improvements on Haleki‘i Street as necessary to accommodate the increased traffic. Reference: Comm. 658 Intr. by: Ms. Poindexter First Reading: March 7, 2014 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter REPORTS Financial Report: Monthly Budget Status Report for the Month Ended October 31, 2013, from the Department of Finance. Page 9 Hawai‘i County Council-37 March 19, 2014 REFERRALS FOR EXECUTIVE SESSION Res. 331-14: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, PURSUANT TO HAWAI‘I REVISED STATUTES 46-7, TO PROVIDE WORKERS’ COMPENSATION ADMINISTRATION SERVICES Renews the Human Resources Department’s agreement with the State for the above services for the Parks and Recreation and Police Departments. Reference: Comm. 728 Intr. by: Ms. Poindexter Waived: FC (Note: Under the topic heading of “Order of Resolutions” on this agenda, Resolution 331-14 has been listed so that the Council can discuss this matter.) The Council anticipates convening an executive meeting regarding the above matters, 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 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 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 March 17, 2014 accommodations for this meeting should call 961-8255 by . 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 testimony has not been completed:  Hilo Council Chambers, Hawai‘i County Building, 25 Aupuni Street, First Floor, Room 1401; and  Waimea Council Office, Holomua Center, 64-1067 Māmalahoa Highway, Suite 5. Page 10 Hawai‘i County Council-37 March 19, 2014 Public attendance via videoconference is also available at the following locations until public testimony has been completed:  County Facility (former Bank of Hawai‘i Building), 54-3888 Akoni Pule Highway, Kohala;  Hawaiian Ocean View Estates Community Center, 92-8924 Leilani Circle; and  Pāhoa Neighborhood Facility, 15-2710 Kauhale Street. If for technical or other unanticipated circumstances the video and/or audio connection cannot be made 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. Submitting Written Testimony: Those submitting written testimony at the meeting should bring fourteen (14)before 12:00 noon on copies for distribution. Public testimony may also be submitted the business day prior to the meeting :(1) by mail to the County Clerk’s Office in Hilo at 25 Aupuni Street, Hilo, Hawai‘i, 96720; (2) by facsimile to (808) 961-8912; or (3) by e-mail to Please submit separate testimony for each item. counciltestimony@co.hawaii.hi.us. Submitting Video Testimony: Those submitting video testimony may e-mail a complete web address before 12:00 noon on the business day prior to the (url) to videotestimony@hawaiicounty.gov meeting . The e-mail shall indicate the appropriate Committee or Council meeting, the meeting date, agenda item (communication, bill, resolution, or report number), and number of testifiers on the video Each video submittal shall be limited to a single agenda item submittal. . 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 content or that is not in compliance with Council Rule 13 (Public Statements and Testimony). Viewing of Meetings on Government Access Television - Channel 55: Wednesdays, March 26 (to follow the viewing of the March 7 meeting scheduled to start at 6 p.m.) and April 2, 2014, at 6 p.m.; Fridays, March 28 and April 4, 2014, at 12 p.m.; and Sundays, March 30 and April 6, 2014, 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-55/.) UPCOMING MEETINGS MONDAY, MARCH 31, 2014 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street TUESDAY, APRIL 1, 2014 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street Page 11 Hawai‘i County Council-37 March 19, 2014 WEDNESDAY, APRIL 2, 2014 SPECIAL MEETING OF 9:00 A.M. COUNCIL ROOM - HILO THE FINANCE COMMITTEE 25 Aupuni Street THURSDAY, APRIL 3, 2014 SPECIAL MEETING OF 9:00 A.M. COUNCIL ROOM - HILO THE FINANCE COMMITTEE 25 Aupuni Street FRIDAY, APRIL 4, 2014 SPECIAL MEETING OF 9:00 A.M. COUNCIL ROOM - HILO THE FINANCE COMMITTEE 25 Aupuni Street TUESDAY, APRIL 15, 2014 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 16, 2014 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A Page 12