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Home My WebLink AboutAGE COUNCIL 01/07/2015 2014-2016DRU MAMO KANUHA Chair and Presiding Officer VALERIE T. POINDEXTER Vice Chair 3`d Session COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 AARON S. Y. CHUNG MAILE "MEDEIROS" DAVID KAREN EOFF GREGGOR ILAGAN DENNIS "FRESH" ONISHI DANNY PALEKA MARGARET WILLE ORDER OF BUSINESS c-) Hawaii County g Buildin t� 25 Aupuni Street -- Hilo, Hawaii -D January 7, 2015 *a 9:00 a.m. (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) INVOCATION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Pastor Bob Tominaga of Thy Word Ministries Serving the Interests of the People of Our Island Hawaii County is an Equal Opportunity Provider and Employer. Hawaii County Council -3 January 7, 2015 PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (9:00 A.M.) (NOTE: COUNCIL MAY TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR.) APPROVAL OF MINUTES COMMUNICATIONS Comm. 53: APPOINTMENT OF DEANNA SAKO AS FINANCE DIRECTOR From Mayor William P. Kenoi, dated December 23, 2014, submitting for the Council's confirmation the above appointment. Waived: FC ; and Comm. 53.1: From Mayor William P. Kenoi, dated December 26, 2014, stating that Ms. Sakos' appointment is effective January 1, 2015. ORDER OF RESOLUTIONS Res. 24 -15: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI -YEAR LEASE FOR ONE COPY MACHINE FOR THE DEPARTMENT OF PARKS AND RECREATION Authorizes the Mayor to enter into a five -year lease agreement at an approximate cost of $240 per month, which includes 5,000 copies. Reference: Comm. 25 Intr. by: Ms. Eoff Waived: FC ; and Comm. 25.1: From Finance Committee Chairperson Karen Eoff, dated December 24, 2014, requesting this matter be waived from the Committee on Finance to the full Council for immediate action. Page 2 Hawaii County Council -3 January 7, 2015 Res. 25 -15: TRANSFERS /APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO PUNA COMMUNITY MEDICAL CENTER FOR THE ANNEX CLINIC Transfers /appropriates $4,632.71 out and from the Clerk- Council Services — Contingency Relief account (Council District 4); and credits the same to the Civil Defense Agency, Civil Defense Agency Other Current Expenses, Miscellaneous Contract Services account (Puna Community Medical Center). Funds would be used towards operational or rental expenses. Reference: Comm. 27 Intr. by: Mr. Eagan Res. 26 -15: TRANSFERS /APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR A BOOM TRUCK FOR THE PANA`EWA RAINFOREST ZOO AND GARDENS Transfers /appropriates $12,600 out and from the Clerk- Council Services — Contingency Relief account (Council District 3); and credits the same to the Department of Parks and Recreation, Pana`ewa Zoo Equipment, Motor Vehicle account (Maintenance Vehicle). Reference: Comm. 28 Intr. by: Mr. Onishi Res. 27 -15: TRANSFERS /APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HOPE SERVICES HAWAII, INC., FOR THE 2014 HILO HOLIDAY PARADE Transfers /appropriates $3,000 out and from the Clerk- Council Services — Contingency Relief account (Council District 3); and credits the same to the Department of Parks and Recreation, Parks and Recreation Administration Other Current Expenses, Miscellaneous Contract Services account (Hope Services Hawaii, Inc. - 2014 Hilo Holiday Parade). Reference: Comm. 29 Intr. by: Mr. Onishi Page 3 Hawaii County Council -3 January 7, 2015 Res. 28 -15: TRANSFERS /APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KEAUKAHA ONE YOUTH DEVELOPMENT FOR ITS REVEALING INDIVIDUAL STRENGTHS FOR EXCELLENCE 21sT CENTURY AFTER SCHOOL PROGRAM Transfers /appropriates $8,000 out and from the Clerk- Council Services — Contingency Relief account (Council District 3); and credits the same to the Department of Parks and Recreation, Parks and Recreation Administration Other Current Expenses, Miscellaneous Contract Services account (Keaukaha One Youth Development). Reference: Comm. 30 Intr. by: Mr. Onishi Res. 29 -15: TRANSFERS /APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE 2014 SURFER'S HEALING HAWAII Transfers /appropriates $500 out and from the Clerk- Council Services — Contingency Relief account (Council District 1); and credits the same to the Department of Parks and Recreation, Parks and Recreation Administration Other Current Expenses, Miscellaneous Contract Services account (2014 Surfer's Healing Hawai`i). Funds would be used to purchase refreshments and supplies. Reference: Comm. 32 Intr. by: Ms. Poindexter Page 4 Hawaii County Council -3 January 7, 2015 Res. 30 -15: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAII Proposes the following rule changes: 1) Rule 2 Meetings: Mandates that Council Members not be excused from meeting attendance, except "due to illness, emergency matter, or court directive;" 2) Rule 4 Officers and Their Duties and Rule 5 Committees: Deletes the requirement that the Council Chair approve waivers of items to the Council agenda that have been approved in writing by the Committee Chairperson; 3) Rule 13 Public Statements and Testimony: Deletes the option of presenting public testimony in the form of prerecorded video testimony; 4) Rule 14 Motions: Mandates that before any Council Member can cut off debate by calling for the question, each Council Member has had the opportunity to speak at least once; 5) Rule 27 Council Members, Staff and Allowances: (Expenditures) 1) provides that expenses of NACo steering committee members be drawn from the general account; and 2) expenses for attendance at Council meetings by Council Members and the reasonable expense for the attendance of district staff approved by the Council Clerk not also require the approval of the Council Chairperson; and 6) Rule 27 Council Members, Staff and Allowances: (District Contingency Relief Funds) Clarifies that the Mayor's approval is not required to transfer contingency funds to County agencies. Reference: Comm. 34 Intr. by: Ms. Wille Res. 31 -15: TRANSFERS /APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE 2015 HAWAII ISLAND WOMEN'S LEADERSHIP FORUM Transfers /appropriates $2,000 out and from the Clerk- Council Services — Contingency Relief account (Council District 1); and credits the same to the Office of the Prosecuting Attorney, Committee on Status of Women, Miscellaneous Contract Services account (2015 Hawaii Island Women's Leadership Forum). Funds would be used towards speaker fees and to rent a facility for the forum. Reference: Comm. 36 Intr. by: Ms. Poindexter Page 5 Hawaii County Council -3 January 7, 2015 Res. 32 -15: TRANSFERS /APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO PUNA COMMUNITY MEDICAL CENTER FOR EQUIPMENT AND MATERIALS Transfers /appropriates $10,000 out and from the Clerk- Council Services — Contingency Relief account (Council District 5); and credits the same to the Department of Research and Development, Hawaii County Resource Center, Miscellaneous Contract Services account (Puna Community Medical Center). Reference: Comm. 37 Intr. by: Mr. Paleka Res. 33 -15: AUTHORIZES THE ACCEPTANCE OF 25 40 -FOOT SHIPPING CONTAINERS FROM MATSON Donated by Matson to the Civil Defense Agency with an estimated value of $1,000 each; would be used by County departments and certain nonprofit organizations for emergency storage during times of disaster. Reference: Comm. 38 Intr. by: Ms. Eoff Waived: FC Res. 34 -15: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI -YEAR LEASE FOR ONE DIGITAL MULTI - FUNCTION COPY MACHINE FOR THE DEPARTMENT OF FINANCE Authorizes the Mayor to enter into a five -year lease agreement at an approximate cost of $175 per month. Reference: Comm. 39 Intr. by: Ms. Eoff Waived: FC Page 6 Hawaii County Council -3 January 7, 2015 Res. 35 -15: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE STATE OF HAWAII DEPARTMENT OF TAXATION, PURSUANT TO HAWAII REVISED STATUTES SECTION 46 -7, THE STATE AND THE COUNTY TO SHARE DATA The MOU would allow the State Department of Taxation to share data with the Finance Department, which would allow the County to confirm whether real property owners are validly receiving homeowner exemptions from real property tax and whether the appropriate classification is being applied to said properties. Res. 36 -15 Res. 37 -15 Reference: Comm. 40 Intr. by: Ms. Eoff Waived: FC CREATES A SUPERVISING DEPUTY PROSECUTING ATTORNEY POSITION (TEMPORARY) FOR THE OFFICE OF THE PROSECUTING ATTORNEY The position would oversee the Department's Specialized Sexual Assault Unit and be paid for with funds from the Fiscal Year 2013 Edward Byrne Memorial Justice Assistance Grant. Reference Intr. by: Waived: Comm. 43 Ms. Eoff FC AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF AGRICULTURE (DOA), PURSUANT TO HAWAII REVISED STATUTES SECTION 46 -7, TO PROVIDE THE STATE WITH A DESIGNATED HOLDING FACILITY AT THE PANA`EWA ZOO Agreement authorizes the Pana`ewa Zoo to provide a holding facility to safeguard non - domestic animals that are prohibited from entering the State, until such time that they can be shipped out of the State. Reference: Comm. 44 Intr. by: Ms. Poindexter Waived: PWPRC Page 7 Hawaii County Council -3 BILLS FOR ORDINANCES (FIRST READING) January 7, 2015 Bill 8: 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 Public Works Lower Puna Lava Response Projects — County project for $20 million to the Capital Budget. Funds for the project shall be provided from General Obligation Bonds, Capital Projects Fund — Fund Balance and /or Other Sources. Funds would be used to repair, restore, rebuild, maintain, and /or improve infrastructure to protect public health and safety related to the June 27 Lava Flow. Reference: Comm. 41 Intr. by: Ms. Eoff Waived: FC Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10 -6(e), Hawaii County Charter Bill 9: AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAII FOR THE PURPOSE OF FUNDING ALL OR A PORTION OF THE COSTS OF LOWER PUNA LAVA RESPONSE PUBLIC IMPROVEMENT PROJECTS AND HIGHWAY ROAD CONSTRUCTION /REPAIR PROJECTS; FIXES THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDES FOR THEIR SALE TO THE PUBLIC; AND AUTHORIZES THE TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE BONDS Authorizes the issuance of up to $20 million in general obligation bonds for capital improvement projects associated with the Lower Puna Lava Response projects and for highway road construction/repair. Reference: Comm. 42 Intr. by: Ms. Eoff Waived: FC Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10 -6(e), Hawaii County Charter Page 8 Hawaii County Council -3 January 7, 2015 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 320 AMENDS ORDINANCE NO. 14 -81, AS AMENDED, THE OPERATING (Draft 2): BUDGET FOR THE COUNTY OF HAWAII, WITH RESPECT TO THE (2012 -2014) HOUSING FUND, FOR THE FISCAL YEAR ENDING JUNE 30, 2015 Appropriates revenues in the Fund Balance From Previous Year account ($62,000); and appropriates the same to the Office of Housing - Other Current Expenses account. Funds would be used to implement the Resources Match software program, which facilitates the intake, screening, and referral process to connect low- income people to different government programs, community -level services, and financial products. Reference: Comm. 1149.3 Intr. by: Ms. Poindexter First Reading: December 17, 2014 Bill 323: AMENDS ORDINANCE NO. 14 -82, AS AMENDED, RELATING TO PUBLIC (2012 -2014) IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2014, TO JUNE 30, 2015 Adds the Prosecutor's Office Prosecuting Attorney Office Building - West Hawaii project for $9.6 million to the Capital Budget. Funds for the project shall be provided from General Obligation Bonds, Capital Projects Fund - Fund Balance and /or Other Sources. Funds would be used to plan and construct an Office of the Prosecuting Attorney building on the grounds of the West Hawaii Civic Center. Reference: Comm. 1155 Intr. by: Ms. Poindexter First Reading: December 17, 2014 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10 -6(e), Hawaii County Charter Bill 324: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24 -280, (2012 -2014) SCHEDULE 28 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO NO PARKING AT ANY TIME Amends Subsection (c), South Hilo, to revise existing locations on Lanikaula Street and also adds a portion of Kumukoa Street. Reference: Comm. 1160 Intr. by: Mr. Kanuha (B /R) First Reading: December 17, 2014 Page 9 Hawaii County Council -3 January 7, 2015 Bill 5: 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 Public Works Manono Street Improvements — Federal project for $2 million and the Public Works Manono Street Improvements — County project for $500,000 to the Capital Budget. Funds for the projects shall be provided from Federal Grants Receivable ($2 million) and General Obligation Bonds, Capital Projects Fund - Fund Balance and /or Other Sources ($500,000). Funds would be used to widen and improve Manono Street from Lanikaula Street to Kekuanao`a Street to enhance traffic, pedestrian, Americans with Disabilities Act accommodations, and bicycle circulation in the area, and to improve drainage. Reference: Comm. 19 Intr. by: Ms. Eoff First Reading: December 17, 2014 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10 -6(e), Hawaii County Charter Bill 6: AMENDS ORDINANCE NO. 14 -81, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30. 2015 Appropriates revenues in the Federal Grants — Community Oriented Policing Services (COPS) 2014 Grant account ($250,000); and appropriates the same to the COPS 2014 Grant account. Funds would be used by the Police Department to hire two police officers for its COPS Hiring Program. Reference: Comm. 20 Intr. by: Ms. Eoff First Reading: December 17, 2014 REPORTS Financial Report: Monthly Budget Status Report for the Month Ended June 30, 2014, from the Department of Finance. Page 10 Hawaii County Council -3 REFERRALS FOR EXECUTIVE SESSION January 7, 2015 Comm. 35: JUSTIN GUY VS. COUNTY OF HAWAUL CIVIL NO. 14 -00400 SOM /KSC From Deputy Corporation Counsel Jennifer D. K. Ng, dated December 17, 2014, requesting an attorney- client confidential discussion to consult with the Council the possible settlement of a civil rights lawsuit filed on September 8, 2014. 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 Hawaii 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 accommodations for this meeting should call 961 -8255 by January 5, 2015. 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: • Kona Council Office, West Hawaii Civic Center, 74 -5044 Ane Keohokalole Highway, Building A; and • Waimea Council Office, Holomua Center, 64 -1067 Mamalahoa 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 Hawaii Building), 54 -3888 Akoni Pule Highway, Kohala; • Hawaiian Ocean View Estates Community Center, 92 -8924 Leilani Circle; and • Pahoa 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. Page 11 Hawaii County Council -3 January 7, 2015 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) copies for distribution. Public testimony may also be submitted before 12:00 noon on the business day prior to the meeting: (1) by mail to the County Clerk's Office in Hilo at 25 Aupuni Street, Hilo, Hawaii, 96720; (2) by facsimile to (808) 961 -8912; or (3) by e -mail to counciltestiinonyLq )hawaiicouno�. ov. Please submit separate testimony for each item. Submitting Video Testimony: Those submitting video testimony may e -mail a complete web address (url) to videotestimonyghawaiicounty_.gov before 12:00 noon on the business day prior to the 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 submittal. Each video submittal shall be limited to a single 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 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, January 14 and 21, 2015, at 6 p.m.; Fridays, January 16 and 23, 2015, at 12 p.m.; and Sundays, January 18 and 25, 2015, 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 Hawaii. Please check the current legislative broadcast schedule on the Na Leo `O Hawaii website at http: / /www.naleo.ty /ty- schedules /channel -55/.) UPCOMING MEETINGS COUNCIL COMMITTEES COUNCIL FRIDAY, JANUARY 23, 2015 9:00 A.M. WEST HAWAII CIVIC CENTER 74 -5044 Ane Keohokalole Highway Building A TUESDAY, FEBRUARY 3, 2015 WEDNESDAY, FEBRUARY 4, 2015 9:00 A.M COUNCIL ROOM - HILO 25 Aupuni Street COUNCIL ROOM - HILO 25 Aupuni Street Page 12