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Home My WebLink AboutAGE COUNCIL 2014/10/15 2012-2014 J YOSHIMOTO 4oM Y o`" BRENDA FORD y�i;: , Chair and Presiding Officer � ' %• GREGGOR ILAGAN .i��.:►.,,%/, ;. DRU MAMO KANUHA KAREN EOFF - -.ge ZENDO KERN Vice Chair DENNIS"FRESH"ONISHI , . VALERIE T. POINDEXTER MARGARET WILLE COUNTY COUNCIL County of Hawai Hawai`i County Building 25 Aupuni Street Hilo, Hawai`i 96720 53rd Session C) ORDER OF BUSINESS West Hawai`i Civic Center — 74-5044 Ane Keohokalole Highway, Building A r = Kailua-Kona, Hawai`i o October 15, 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-53 October 15, 2014 PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE 9:00 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 ORDER OF RESOLUTIONS Res. 501-14 REQUESTS THE HAWAI‘I STATE LEGISLATURE TO ADOPT PROVISIONS (Draft 2): FOR TRUTH-IN-LABELING FOR HAWAI‘I-GROWN COFFEES Requests that the State Legislature schedule committee hearings, give floor consideration, and adopt into law provisions for truth-in-labeling for Hawai‘i- grown coffees. Reference: Comm. 998.2 Intr. by: Ms. Ford Approve: AWESC-15 Res. 518-14: URGES THE WATER BOARD OF THE COUNTY OF HAWAI‘I TO TAKE ANY AND ALL ACTIONS NECESSARY TO ACQUIRE LAND AND DEVELOP A NEW WATER WELL, RESERVOIR, SUPPORTING FACILITIES, AND A NEW TRANSMISSION MAIN IN OCEAN VIEW, DISTRICT OF KA‘Ū, HAWAI‘I Urges the Board of Water Supply to authorize the acquisition of land required for development of Ocean View Well #2, a reservoir, support facilities, and water main to connect with Ocean View Well #1 for Ocean View in its five-year plan, and authorizes the Department of Water Supply to engineer and construct Ocean View Well #2 and all accessory facilities. Reference: Comm. 1031 Intr. by: Ms. Ford Approve: AWESC-16 Page 2 Hawai‘i County Council-53 October 15, 2014 Res. 522-14: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF PUBLIC SAFETY, PURSUANT TO HAWAI‘I REVISED STATUTES 46-7, TO DONATE A VEHICLE TO THE STATE OF HAWAI‘I DEPARTMENT OF PUBLIC SAFETY Provides for the donation of a 1994 van from the Mass Transit Agency to transport Hawai‘i Community Correctional Center laborers to County project worksites. Reference: Comm. 1038 Intr. by: Ms. Poindexter Approve: FC-194 Res. 525-14: STRONGLY URGES THE DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT TO INCREASE THE DIVERSION RATE OF SOLID WASTE AS RECOMMENDED IN THE 2009 ZERO WASTE IMPLEMENTATION PLAN FOR THE COUNTY OF HAWAI‘I Strongly urges the Environmental Management Director to increase the diversion rate of solid waste entering landfills by way of reuse–reduce–recycle programs. Reference: Comm. 1048 Intr. by: Ms. Wille Approve: AWESC-17 Res. 540-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAIʻI COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR THE PURCHASE OF CITRIC ACID FOR NORTH AND SOUTH KONA, KAʻŪ, AND THE GREATER VOLCANO AREA OF COUNCIL DISTRICTS 6, 7, AND 8 Transfers/appropriates $2,000 out and from the Clerk-Council Services – Contingency Relief account (Council District 6); and credits the same to the Department of Research and Development, Agriculture Research and Development Other Current Expenses, Miscellaneous Contract Services account (Citric Acid for Council Districts 6, 7, and 8). Reference: Comm. 1066 Intr. by: Ms. Ford Waived: FC Page 3 Hawai‘i County Council-53 October 15, 2014 Res. 541-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE NORTH KOHALA COMMUNITY RESOURCE CENTER FOR THE KOHALA COQUI COALITION Transfers/appropriates $2,000 out and from the Clerk-Council Services – Contingency Relief account (Council District 9); and credits the same to the Department of Research and Development, Agriculture Research and Development Other Current Expenses, Miscellaneous Contract Services account (North Kohala Community Resource Center). Reference: Comm. 1067 Intr. by: Ms. Wille Waived: FC Res. 542-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HAWAIʻI WILDLIFE CENTER TO PROTECT NATIVE SPECIES AND PROMOTE COMMUNITY INVOLVEMENT IN NATIVE WILDLIFE CONSERVATION Transfers/appropriates $2,000 out and from the Clerk-Council Services – Contingency Relief account (Council District 9); and credits the same to the Department of Research and Development, Agriculture Research and Development Other Current Expenses, Miscellaneous Contract Services account (Hawaiʻi Wildlife Center). Reference: Comm. 1068 Intr. by: Ms. Wille Waived: FC Res. 543-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE NORTH KOHALA COMMUNITY RESOURCE CENTER FOR THE NORTH KOHALA RADIO TO DELIVER PROGRAMMING WITH A LOCAL FOCUS Transfers/appropriates $2,000 out and from the Clerk-Council Services – Contingency Relief account (Council District 9); and credits the same to the Department of Research and Development, Hawaiʻi County Resource Center, Miscellaneous Contract Services account (North Kohala Community Resource Center). Reference: Comm. 1069 Intr. by: Ms. Wille Waived: FC Page 4 Hawai‘i County Council-53 October 15, 2014 Res. 545-14: APPROVES LEGISLATIVE PROPOSALS FOR INCLUSION IN THE 2015 HAWAIʻI STATE ASSOCIATION OF COUNTIES (HSAC) LEGISLATIVE PACKAGE The resolution includes six proposals, which were approved by the HSAC Executive Committee. Only those proposals approved by all four counties will be included in the 2015 HSAC Legislative package. Reference: Comm. 1073 Intr. by: Mr. Onishi Waived: GREDC Res. 547-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO THE OFFICE OF THE PROSECUTING ATTORNEY TO ASSIST WITH IMPLEMENTING THE COURTHOUSE DOG PROGRAM Transfers/appropriates $3,000 out and from the Clerk-Council Services – Contingency Relief account (Council District 6); credits $812 to the Office of the Prosecuting Attorney, Prosecuting Attorney Other Current Expenses, Miscellaneous Contract Services account (Courthouse Dog Program: Veterinary Visits and Medications); and $2,188 to the Miscellaneous Materials and Supplies account (Courthouse Dog Program: Food and Supplies). Reference: Comm. 1075 Intr. by: Ms. Ford Waived: FC Res. 548-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO RECYCLE HAWAIʻI TO ESTABLISH BASIC COMPOSTING SITES IN NORTH AND SOUTH KOHALA Transfers/appropriates $1,000 out and from the Clerk-Council Services – Contingency Relief account (Council District 9); and credits the same to the Department of Research and Development, Agriculture Research and Development Other Current Expenses, Miscellaneous Contract Services account (Recycle Hawaiʻi). Reference: Comm. 1076 Intr. by: Ms. Wille Waived: FC Page 5 Hawai‘i County Council-53 October 15, 2014 Res. 549-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE KOHALA CENTER, INC., FOR COQUI FREE WAIMEA Transfers/appropriates $1,000 out and from the Clerk-Council Services – Contingency Relief account (Council District 9); and credits the same to the Department of Research and Development, Agriculture Research and Development Other Current Expenses, Miscellaneous Contract Services account (Kohala Center, Inc). Reference: Comm. 1077 Intr. by: Ms. Wille Waived: FC Res. 550-14: PROMOTES AGRICULTURAL SUSTAINABILITY BY NAMING NOVEMBER AS BUY HAWAIʻI ISLAND PRODUCE MONTH Encourages residents and tourists to support farmers by purchasing only Hawaiʻi Island grown produce during the month of November. Reference: Comm. 1078 Intr. by: Ms. Wille Waived: AWESC Res. 551-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO THE OFFICE OF THE PROSECUTING ATTORNEY TO PROVIDE FINANCIAL ASSISTANCE FOR THE GIRLS EXPLORING MATH AND SCIENCE (GEMS) PROGRAM Transfers/appropriates $4,000 out and from the Clerk-Council Services – Contingency Relief account (Council District 7); and credits the same to the Office of the Prosecuting Attorney, Prosecuting Attorney Other Current Expenses, Miscellaneous Contract Services account (GEMS). Reference: Comm. 1080 Intr. by: Mr. Kanuha Waived: FC Page 6 Hawai‘i County Council-53 October 15, 2014 Res. 554-14: DECLARES THE OFFICIAL INTENT OF THE COUNTY OF HAWAIʻI TO REIMBURSE ITSELF FROM BOND PROCEEDS FOR FUNDS ADVANCED TO PAY COSTS OF THE LOWER PUNA EMERGENCY ROAD PROJECTS BEING UNDERTAKEN BY THE COUNTY In compliance with Section 1.150-2 of the Treasury Regulations, this resolution declares the County’s intent to reimburse itself for expenses related to the emergency road projects in Lower Puna necessitated by the June 27 lava flow. The County intends to authorize and issue general obligation bonds not to exceed $20 million to replenish funds that have been provided in advance of such bond authorization and issuance. Reference: Comm. 1083 Intr. by: Ms. Poindexter Waived: FC Res. 555-14: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION (DEA), PURSUANT TO HAWAI‘I REVISED STATUTES 46-7, TO SUPPORT AND PARTICIPATE IN THE HAWAIʻI AIRPORT TASK FORCE (HATF) EFFORT Provides up to $17,202.25 from DEA to pay for overtime costs of the Office of the Prosecuting Attorney’s staff assigned to carry out the duties of HATF from October 2013 to September 2014. Reference: Comm. 1086 Intr. by: Ms. Poindexter Waived: FC Res. 556-14: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION (DEA), PURSUANT TO HAWAI‘I REVISED STATUTES 46-7, TO SUPPORT AND PARTICIPATE IN THE HAWAIʻI AIRPORT TASK FORCE (HATF) EFFORT Provides up to $17,374 from DEA to pay for overtime costs of the Office of the Prosecuting Attorney’s staff assigned to carry out the duties of HATF from October 2014 to September 2015. Reference: Comm. 1087 Intr. by: Ms. Poindexter Waived: FC Page 7 Hawai‘i County Council-53 October 15, 2014 Res. 557-14: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAIʻI DEPARTMENT OF TRANSPORTATION (DOT), PURSUANT TO HAWAI‘I REVISED STATUTES 46-7, FOR A GRANT TO THE HAWAIʻI FIRE DEPARTMENT (HFD) Agreement provides for $12,560 from DOT to pay for personnel costs of certified technicians to conduct inspection clinics and travel costs for personnel to attend conferences on Oʻahu and in Chicago, Illinois, for HFD’s Child Restraint program. Reference: Comm. 1088 Intr. by: Ms. Poindexter Waived: FC Res. 558-14: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAIʻI DEPARTMENT OF TRANSPORTATION (DOT), PURSUANT TO HAWAI‘I REVISED STATUTES 46-7, FOR A GRANT TO THE HAWAIʻI FIRE DEPARTMENT Agreement provides for $97,390 from DOT to purchase rescue truck kits used to stabilize vehicles, machinery, and aircraft and to provide light structural stabilization. Reference: Comm. 1089 Intr. by: Ms. Poindexter Waived: FC Res. 559-14: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAIʻI DEPARTMENT OF TRANSPORTATION (DOT), PURSUANT TO HAWAI‘I REVISED STATUTES 46-7, FOR A GRANT TO THE HAWAIʻI FIRE DEPARTMENT (HFD) Agreement provides for $64,120 from DOT to purchase two full sets of eDraulic emergency extrication tools for HFD’s Waiākea and Kailua-Kona Heavy Rescue units. Reference: Comm. 1090 Intr. by: Ms. Poindexter Waived: FC Page 8 Hawai‘i County Council-53 October 15, 2014 Res. 560-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR A FIRE HYDRANT FOR THE ĀHUALOA COMMUNITY Transfers/appropriates $15,000 out and from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits the same to the Department of Public Works, Public Works Administration Other Current Expenses, Miscellaneous Contract Services account (Second Fire Hydrant – Āhualoa Community). Reference: Comm. 1092 Intr. by: Ms. Poindexter Waived: FC Res. 561-14: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR MAINTENANCE EQUIPMENT AT THE HILO MUNICIPAL GOLF COURSE Transfers/appropriates $19,411.34 out and from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits the same to the Department of Parks and Recreation, Transfer to Golf Course Fund, Miscellaneous Charges account (Maintenance Equipment.). Reference: Comm. 1093 Intr. by: Mr. Onishi Waived: FC BILLS FOR ORDINANCES (FIRST READING) Bill 71 AMENDS CHAPTER 19, ARTICLE 5 OF THE HAWAI‘I COUNTY CODE (Draft 2): 1983 (2005 EDITION, AS AMENDED), RELATING TO REAL PROPERTY TAXES, LIENS, FORECLOSURES, AND NOTICE Reduces the number of years required to foreclose on a property for delinquent real property taxes from three to two years and relocates notice requirements previously placed in Section 19-38 into Section 19-40. Reference: Comm. 261.3 Intr. by: Ms. Ford Approve: FC-195 Page 9 Hawai‘i County Council-53 October 15, 2014 Bill 103 AMENDS CHAPTER 19, ARTICLE 10, SECTION 19-75 OF THE HAWAI‘I (Draft 2): COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO REAL PROPERTY TAX EXEMPTIONS FOR PERSONS WHO ARE BLIND, DEAF, AND/OR TOTALLY DISABLED Stipulates that exempted property be restricted to applicant’s occupied principal home. Reference: Comm. 361.3 Intr. by: Ms. Ford Approve: FC-196 Bill 292: AMENDS CHAPTER 19, ARTICLE 10, SECTION 19-71 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO ELIGIBILITY TO CLAIM PROPERTY AS A PRINCIPAL HOME Requires that a person applying for an exemption from the real property tax rate on a principal home file a Hawai‘i State Income Tax Return as a full-year resident for each fiscal year that the exemption is sought. Reference: Comm. 1045 Intr. by: Ms. Wille Approve: FC-197 Bill 293: AMENDS CHAPTER 19, ARTICLE 10, SECTION 19-68 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO FILING OF A CLAIM FOR A HOME EXEMPTION FROM REAL PROPERTY TAX Eliminates the one-half year application of a home exemption. Reference: Comm. 1046 Intr. by: Ms. Wille Negative: FC-198 (Due to a vote of 7-noes, 2-absent) Page 10 Hawai‘i County Council-53 October 15, 2014 Bill 294: AMENDS CHAPTER 19, ARTICLE 10, SECTION 19-71 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO EXEMPTIONS FROM REAL PROPERTY TAX Increases from $40,000 to $60,000 the property value subject to total exemption from real property taxes, and increases by the same amounts the exemption that can be applied to properties valued in excess of $60,000. Reference: Comm. 1047 Intr. by: Ms. Wille Approve: FC-199 Bill 295: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2015 Increases revenues in the Federal Grants – Young Driver Driving Under the Influence (DUI) Deterrent account ($1,009.60); and appropriates the same to the Young Driver DUI Deterrent account. Funds would be used to reduce the amount of underage individuals operating a vehicle after consuming alcohol and illegally drinking in public places. Reference: Comm. 1084 Intr. by: Ms. Poindexter Waived: FC Bill 296: AMENDS ORDINANCE NO. 14-82, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2014, TO JUNE 30, 2015 Adds the Parks and Recreation DPR Waimea District Park Master Plan Implementation – State project for $4 million to the Capital Budget. Funds for the project shall be provided from State Capital Improvement Project ($4 million). Funds would be used to develop a new district park servicing the town of Waimea and surrounding communities. Reference: Comm. 1085 Intr. by: Ms. Poindexter Waived: FC Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Page 11 Hawai‘i County Council-53 October 15, 2014 Bill 297: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2015 Appropriates revenues in the Federal Grants – Hawaiʻi Airport Task Force (HATF) account ($17,202.25); and appropriates the same to the Hawaiʻi Airport Task Force (HATF) account. Funds would be used to pay for overtime costs of the Office of the Prosecuting Attorney’s staff assigned to carry out the duties of HATF from October 2013 to September 2014. Reference: Comm. 1086 Intr. by: Ms. Poindexter Waived: FC Bill 298: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2015 Appropriates revenues in the Federal Grants – Hawaiʻi Airport Task Force (HATF) account ($17,374); and appropriates the same to the Hawaiʻi Airport Task Force (HATF) account. Funds would be used to pay for overtime costs of the Office of the Prosecuting Attorney’s staff assigned to carry out the duties of HATF from October 2014 to September 2015. Reference: Comm. 1087 Intr. by: Ms. Poindexter Waived: FC Bill 299: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2015 Appropriates revenues in the Federal Grants – Highway Safety Grant – Hawai‘i Fire Department (HFD) Child Safety Program account ($12,560); and appropriates the same to the HFD Child Safety Program – Federal account. Funds would be used to pay for personnel costs of certified technicians to conduct inspection clinics and travel costs for personnel to attend conferences on Oʻahu and in Chicago, Illinois, for the Child Restraint program. Reference: Comm. 1088 Intr. by: Ms. Poindexter Waived: FC Page 12 Hawai‘i County Council-53 October 15, 2014 Bill 300: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2015 Appropriates revenues in the Federal Grants – Highway Safety Grant – Rescue Truck Kits account ($97,390); and appropriates the same to the Rescue Truck Kits – Federal account. Funds would be used to purchase rescue truck kits used to stabilize vehicles, machinery, and aircraft and to provide light structural stabilization. Reference: Comm. 1089 Intr. by: Ms. Poindexter Waived: FC Bill 301: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2015 Appropriates revenues in the Federal Grants – Highway Safety Grant – Emergency Extrication Tools account ($64,120); and appropriates the same to the Emergency Extrication Tools – Federal account. Funds would be used to purchase two full sets of eDraulic emergency extrication tools for the Waiākea and Kailua-Kona Heavy Rescue units of the Hawai‘i Fire Department. Reference: Comm. 1090 Intr. by: Ms. Poindexter Waived: FC ORDER OF THE DAY (SECOND OR FINAL READING) Bill 284: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2015 Appropriates revenues in the Federal Grants – Assistance to Firefighters Grant 2013 account ($319,950); and appropriates the same to the Assistance to Firefighters Grant 2013 account. Funds would be used to purchase an emergency vehicle driver training course simulator for the Hawaiʻi Fire Department’s Training Bureau. Reference: Comm. 1034 Intr. by: Ms. Poindexter First Reading: October 1, 2014 Page 13 Hawai‘i County Council-53 October 15, 2014 Bill 285: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2015 Increases revenues in the Federal Grants – Distracted Driving Project account ($7,630); and appropriates the same to the Distracted Driving Project account. Funds would be used by the Police Department to reduce the number of drivers using an electronic mobile device while operating a motor vehicle and to increase the number of citations issued. Reference: Comm. 1036 Intr. by: Ms. Poindexter First Reading: October 1, 2014 Bill 286: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2015 Increases revenues in the Federal Grants – Occupant Protection Program account ($5,480); and appropriates the same to the Occupant Protection Program account. Funds would be used to pay for overtime expenses incurred while performing duties at seat belt and child restraint checkpoints. Reference: Comm. 1037 Intr. by: Ms. Poindexter First Reading: October 1, 2014 Bill 287: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2015 Increases revenues in the Transfer from General Fund account ($500); and appropriates the same to the Recycling Programs – County Other Current Expenses account (grant to the Boys and Girls Club of the Big Island, Hāmākua Club, recycling project – District 1). Reference: Comm. 1039 Intr. by: Ms. Poindexter First Reading: October 1, 2014 Page 14 Hawai‘i County Council-53 October 15, 2014 Bill 288: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2015 Increases revenues in the Transfer from General Fund account ($25,000); and appropriates the same to the Landfills Other Current Expenses account (grant to Hawaiʻi Island United Way – reimburse Iselle cleanup costs – District 4). Funds would be used to reimburse costs incurred to assist residents with cleanup and removal of debris caused by Tropical Storm Iselle. Reference: Comm. 1040 Intr. by: Ms. Poindexter First Reading: October 1, 2014 Bill 289: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2015 Increases revenues in the Transfer from General Fund account ($670); and appropriates the same to the Recycling Programs – County Other Current Expenses (grant to the Ka Hale O Na Keiki Preschool, recycling project – District 1) account. Funds would be used to pay for a reduce, reuse, recycle project. Reference: Comm. 1041 Intr. by: Ms. Poindexter First Reading: October 1, 2014 Bill 290: AMENDS ORDINANCE NO. 14-81, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2015 Appropriates revenues in the Federal Grants – Firefighter Safety account ($100,000); and appropriates the same to the Firefighter Safety account. Funds would be used to purchase firefighting supplies and personal protective equipment for the Hawaiʻi Fire Department’s Fire Protection Bureau. Reference: Comm. 1042 Intr. by: Ms. Poindexter First Reading: October 1, 2014 REPORTS Page 15 Hawai‘i County Council-53 October 15, 2014 REFERRALS FOR EXECUTIVE SESSION Comm. 1032: REQUESTS DISCUSSION IN EXECUTIVE SESSION WITH THE CORPORATION COUNSEL, THE ASSISTANT CORPORATION COUNSEL, THE DIRECTORS AND DEPUTY DIRECTORS OF THE DEPARTMENT OF PARKS AND RECREATION AND THE DEPARTMENT OF PUBLIC WORKS, AND THE RISK MANAGEMENT OFFICER REGARDING LIABILITY ON REPAIR AND MAINTENANCE OF COUNTY ASSETS From Council Member Dennis “Fresh” Onishi, dated September 8, 2014. Comm. 1070: JUSTIN GUY VS. COUNTY OF HAWAI‘I; CIVIL NO. 14-00400 SOM/KSC From Deputy Corporation Counsel Melody Parker, dated September 25, 2014, requesting an attorney-client confidential discussion to consult with the Council regarding a civil rights lawsuit filed on September 8, 2014. Comm. 1071: GORDON I. TORSTENBO ET AL. VS. COUNTY OF HAWAI‘I ET AL.; CIVIL NO. 13-1-484K From Deputy Corporation Counsel Melody Parker, dated September 25, 2014, requesting an attorney-client confidential discussion to consult with the Council regarding a lawsuit for damages filed on July 25, 2013. The Council anticipates convening executive meetings 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 Rule Nos. 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.) 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 October 13, 2014 accommodations for this meeting should call 961-8255 by . Relay users please call 711(961-8255) to contact our office. Page 16 Hawai‘i County Council-53 October 15, 2014 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. If audio stream between Kona and Hilo is lost for more than a short period of time, the meeting will be terminated. Council Members will be present at the following location:  Hilo Counc il Chambers, Hawai‘i County Building, 25 Aupuni Street, First Floor, Room 1401. (Pursuant to HRS §92-7 and Council Rule No. 2, Council Members Dennis “Fresh” Onishi and J Yoshimoto will be participating from the Hilo Council Chambers.) Public attendance via videoconference will be available at the Hilo location. Public attendance via videoconference is also available at the following location until 4:30 p.m. or later in the event public testimony has not been completed:  Waimea Council Office, Holomua Center, 64-1067 Māmalahoa Highway, Suite 5. 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. 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, October 22 and 29, 2014, at 6 p.m.; Fridays, October 24 and 31, 2014, at 12 p.m.; and Sundays, October 26 and November 2, 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/.) Page 17 Hawai‘i County Council-53 October 15, 2014 UPCOMING MEETINGS THURSDAY, NOVEMBER 6, 2014 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street FRIDAY, NOVEMBER 7, 2014 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street TUESDAY, NOVEMBER 18, 2014 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A WEDNESDAY, NOVEMBER 19, 2014 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A Page 18