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Home My WebLink AboutAGE COUNCIL 06/01/2011 2010-2012 DOMINIC YAGONG FRED BLAS Chairperson and Presiding Ofcer �di ° BRENDA FORD . ��- ` i. % DONALD IKEDA PETE HOFFMANN ''_"'" DENNIS "FRESH" ONISHI % Vice Chair + r ' '�� : K. ANGEL PILAGO • ,r� °F "�� BRITTANY SMART J YOSHIMOTO COUNTY COUNCIL County of Hawai`i Hawai`i County Building 25 Aupuni Street Hilo, Hawai`i 96720 18 Session ORDER OF BUSINESS • Hawai`i County Council 25 Aupuni Street Hilo, Hawai`i Wednesday, June 1, 2011 9:00 a.m. INVOCATION Sr. Pastor Morris Niimi of Puna New Hope Christian Fellowship CALL TO ORDER 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-18 June 1, 2011 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 March 12, 2011 COMMUNICATIONS Comm. 207: NOMINATION OF MR. MATTHEW A. BINDER TO THE KONA COMMUNITY DEVELOPMENT PLAN (CDP) ACTION COMMITTEE From Mayor Billy Kenoi, dated May 13, 2011, requesting Council’s review and favorable confirmation of the above nomination. Waived: PC Comm. 210: ACCEPTANCE OF A DONATION BY MS. CHARLENE LOFGREEN TO THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT From Finance Director Nancy Crawford, dated May 17, 2011, requesting the acceptance of an artistic mural (estimated total value of $150) to be painted on the side of a rainwater catchment tank at the Pāhoa Transfer Station. Waived: FC ORDER OF RESOLUTIONS Res. 71-11: REQUESTS THAT MAYOR WILLIAM P. KENOI AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF FINANCE TO ENTER INTO NEGOTIATIONS FOR ACQUISITION OF TAX MAP KEY NO. (3) 1-3-08:POR. 034, COMPRISING 26.782 ACRES OF LAND KNOWN AS POHOIKI BAY, SITUATED IN THE DISTRICT OF PUNA The Public Access Open Space and Natural Resources Preservation Commission identified Pohoiki Bay as Priority Number 1 for acquisition in its 2010 Report and Priority List. Urges the Finance Director to initiate any funding mechanisms required and maximize the use of available funds for the acquisition of Pohoiki Bay. Re: Comm. 195 Intr. by: Mr. Blas Approve: FC-61 Page 2 Hawai‘i County Council-18 June 1, 2011 Res. 75-11: AUTHORIZES THE ACCEPTANCE OF A DONATION OF A SPORTS UTILITY VEHICLE FROM THE UNITED STATES MARSHALS SERVICE FOR USE IN JOINT LAW ENFORCEMENT OPERATIONS Donated by the U.S. Marshals Service (valued at $22,900.74), the funds would be used for the Police Department’s Regional Fugitive Task Force (a joint law enforcement task force consisting of federal, state, and local law enforcement authorities to investigate and apprehend violent fugitives). Re: Comm. 202 Intr. by: Ms. Ford (B/R) Approve: FC-62 Res. 81-11: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO AN AGREEMENT WITH HAWAI‘I CORRECTIONAL INDUSTRIES (HCI) PURSUANT TO HRS 46-7 FOR LAND CLEARING AT GILBERT CARVALHO PARK/PI‘IHONUA GYM COMPLEX Authorizes the Finance Director to enter into a work agreement with HCI (a governmental organization of the State of Hawai‘i) to perform land clearing at Gilbert Carvalho Park/Pi‘ihonua Gym Complex. Re: Comm. 218 Intr. by: Mr. Ikeda Waived: PWPRC Res. 82-11: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT TO SUBGRANT WITH THE STATE OF HAWAI‘I, BOARD OF LAND AND NATURAL RESOURCES, AND TO ACCEPT FUNDS FOR THE ACQUISITION OF KĀWĀ, DISTRICT OF KA‘Ū, ISLAND OF HAWAI‘I The State of Hawai‘i’s Department of Land and Natural Resources applied for and received grant funding in the amount of $1,000,000 from the U.S. Department of Interior, Fish and Wildlife Service. Pursuant to Hawai‘i Revised Statutes, Section 46-7, authorizes the Mayor to enter into an agreement to subgrant with the Board of Land and Natural Resources and U.S. Department of Interior, Fish and Wildlife to accept funds for the acquisition of Kāwā. Re: Comm. 222 Intr. by: Ms. Ford (B/R) Waived: FC Page 3 Hawai‘i County Council-18 June 1, 2011 BILLS FOR ORDINANCES (FIRST READING) Bill 52: AMENDS CHAPTER 11, HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO REMOVAL OF IN-LIEU FEES FROM AFFORDABLE HOUSING POLICY Amends Article 1, Section 11-5 by amending subsection (a) (regarding affordable housing requirements) relating to items (5) through (9); repeals Section 11-6 (Calculation of in lieu fee); amends Section 11-9 (Sale of lots and units) relating to items (a) and (b); and repeals Section 11-12 (Use of in lieu fees). Re: Comm. 201 Intr. by: Mr. Hoffmann Postponed: May 17, 2011 (Note: There is a pending motion by Mr. Hoffmann and duly seconded by Ms. Ford to approve Bill 52.) Bill 56: AMENDS CHAPTER 18, ARTICLE 4, OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PUBLIC TRANSIT SYSTEM, ISLAND-WIDE FARE STRUCTURE The amendment of this article extends the Kōkua Zone termination date until June 30, 2012. Re: Comm. 217 Intr. by: Mr. Hoffmann Waived: FC Bill 57: AMENDS ORDINANCE NO. 10-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2011 Increases revenues in Federal Grants – Workforce Investment Act (WIA) ($1,451,854) and appropriates to the following: WIA - Administration Planning 2011-12 ($145,183); WIA - Adult Program 2011-12 ($460,141); WIA - Dislocated Worker Program 2011-12 ($408,634); and WIA - Youth Program 2011-12 ($437,896), for a total of $1,451,854. The State Department of Labor and Industrial Relations notified the Office of Housing and Community Development that they would receive funding for its Program Year 2011 WIA Title I Program, which requires that the Hawai‘i County Workforce Investment Board approve the County’s WIA 2011-12 Annual Plan (anticipates approval before June 30, 2011). This appropriation bill is needed in order to administer the WIA programs beginning July 1, 2011. Re: Comm. 220 Intr. by: Mr. Hoffmann Page 4 Hawai‘i County Council-18 June 1, 2011 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 29 (Draft 3): ESTABLISHES AN OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR JULY 1, 2011 TO JUNE 30, 2012 Proposed $367,019,364 Operating Budget for the County of Hawai‘i. Re: Comm. 111.29 Intr. by: Ms. Ford (B/R) First Reading: May 18, 2011 ; and Comm. 111.30: From Council Chair Dominic Yagong, dated May 19, 2011, transmitting a proposed amendment by adding a new Section 8, which authorizes and directs the Finance Director to apply all savings realized in the 2011-2012 fiscal year from the 2011-2013 negotiated contracts with the State of Hawai‘i Organization of Police Officers, Hawai‘i Firefighters Association, and United Public Works unions to Post-Employment Benefits (GASB 45 Provisions); and Comm. 111.31 From Council Member Dennis “Fresh” Onishi, dated May 23, 2011, transmitting a Memorandum No. 1: proposed amendment decreasing General Fund Expenditure P&R Adm. OCE by $20,000 and increasing RSVP OCE by the same amount; and Comm. 111.32 From Council Member Dennis “Fresh” Onishi, dated May 23, 2011, transmitting a Memorandum No. 2: proposed amendment decreasing General Fund Council Svc. OCE by $9,720 and increasing Post-Employment Benefits-GASB 45 Provisions by the same amount; and Comm. 111.68 From Council Member Brenda J. Ford, dated May 24, 2011, transmitting a proposed Memorandum No. 3: amendment increasing General Fund Revenues Fund Balance From Prev. Year by $219,363 and increasing Expenditures Police Adm. Div.-Equip. by the same amount. Page 5 Hawai‘i County Council-18 June 1, 2011 Bill 30 (Draft 3): RELATES TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2011 TO JUNE 30, 2012 Proposed 91 projects totaling $147,064,385 Capital Improvements Project Budget for the County of Hawai‘i. Re: Comm. 112.18 Intr. by: Ms. Ford (B/R) First Reading: May 18, 2011 ; and Comm. 112.19 From Council Chair Dominic Yagong, dated May 19, 2011, transmitting a proposed Memorandum No. 1: amendment by adding the following project(s) and appropriation(s): Department of Public Works-Laupāhoehoe Point Access Road (Reapp. 5393.72) - $2, 300,000; and Comm. 112.20 From Council Member J Yoshimoto, dated May 23, 2011, transmitting a proposed Memorandum No. 2: amendment by adding the following project(s) and appropriation(s): Department of Public Works-Hokupa‘a Street Drainage Project (Reapp. 5292.66) - $20,000; and Comm. 112.21 From Council Member J Yoshimoto, dated May 23, 2011, transmitting a proposed Memorandum No. 3: amendment by adding the following project(s) and appropriation(s): Department of Parks and Recreation-Mt. View Senior Center Kitchen & Restroom Facility (Reapp. 5590.56) - $1,000,000; and Comm. 112.22 From Vice Chair Pete Hoffmann, dated May 24, 2011, transmitting a proposed Memorandum No. 4: amendment by adding the following project(s) and appropriation(s): Department of Public Works-Lindsey Road Extension - $500,000; and Comm. 112.23 From Vice Chair Pete Hoffmann, dated May 24, 2011, transmitting a proposed Memorandum No. 5: amendment by adding the following project(s) and appropriation(s): Department of Public Works-Waikoloa Village Paniolo Avenue Extension - $500,000; and Comm. 112.24 From Council Member Dennis “Fresh” Onishi, dated May 24, 2011, transmitting a Memorandum No. 6: proposed amendment increasing Pua Sewage Pump Station project by $500,000 (increases the amount from $1,800,000 to $2,300,000): Department of Environmental Management-Wastewater Div.-Pua Sewage Pump Station-Pump Replacement ($2,300,000); and Comm. 112.25 From Council Member Dennis “Fresh” Onishi, dated May 23, 2011, transmitting a Memorandum No. 7: proposed amendment by adding the following project(s) and appropriation(s): Environmental Management-Wastewater Division-Kulaimano and Pāpa‘ikou Dewatering ($1,200,000); and (Comm. 112.26 continues on the next page.) Page 6 Hawai‘i County Council-18 June 1, 2011 Comm. 112.26 From Council Member Dennis “Fresh” Onishi, dated May 24, 2011, amending the Memorandum No. 8: Kalaniana‘ole Interceptor Sewer Rehabilitation Phase 2 project to reflect the State Revolving Fund as the source of $8,000,000: Department of Environmental Management-Wastewater Div.-Kalaniana‘ole Interceptor Sewer Rehabilitation Phase 2 - $8,000,000); and Comm. 112.27 From Council Chair Dominic Yagong, dated May 23, 2011, transmitting a proposed Memorandum No. 9: amendment by adding the following project(s) and appropriation(s): Department of Public Works-Kaiwiki Road Repair - $1,000,000; and Comm. 112.28 From Council Member Dennis “Fresh” Onishi, dated May 24, 2011, transmitting a Memorandum No. 10: proposed amendment by adding the following project(s) and appropriation(s): Department of Parks and Recreation-Waiākea Recreation Center Roof - $200,000; and Comm. 112.29 From Council Member Dennis “Fresh” Onishi, dated May 24, 2011, transmitting a Memorandum No. 11: proposed amendment by adding the following project(s) and appropriation(s): Department of Public Works-Keaukaha Road Resurfacing (Reapp. 5395.64) - $2,000,000; and Comm. 112.30 From Council Member Dennis “Fresh” Onishi, dated May 24, 2011, transmitting a Memorandum No. 12: proposed amendment by adding the following project(s) and appropriation(s): Department of Public Works-Kekūanaō‘a Drywell Upgrades - $500,000; and Comm. 112.31 From Council Chair Dominic Yagong, dated May 25, 2011, transmitting a proposed Memorandum No. 13: amendment by adding the following project(s) and appropriation(s): Department of Parks and Recreation-Honoka‘a Park Playground Equipment - $20,000; and Comm. 112.32 From Council Member K. Angel Pilago, dated May 25, 2011, transmitting a proposed Memorandum No. 15: amendment by adding the following project(s) and appropriation(s): Department of Public Works-North Kona Connector Roads (Reapp. 5397.49) - $378,000; and Comm. 112.33 From Council Member K. Angel Pilago, dated May 25, 2011, transmitting a proposed Memorandum No. 16: amendment by adding the following project(s) and appropriation(s): Department of Environmental Management-West Hawai‘i Regional Transfer & Sort Station (Reapp. 5696.23)-$1,550,000; and Comm. 112.34 From Council Member K. Angel Pilago, dated May 25, 2011, transmitting a proposed Memorandum No. 17: amendment by adding the following project(s) and appropriation(s): Department of Public Works-ADA Upgrades for County Parking Lots (Reapp. 5399.40)-$350,000; and (Comm. 112.35 continues on the next page.) Page 7 Hawai‘i County Council-18 June 1, 2011 Comm. 112.35 From Council Member K. Angel Pilago, dated May 25, 2011, transmitting a proposed Memorandum No. 18: amendment by adding the following project(s) and appropriation(s): Department of Public Works-Palani Road/Kamaka‘eha Ave. Intersection Improvements (Reapp. 5397.66)-$1,000,000; and Comm. 112.36 From Council Member K. Angel Pilago, dated May 25, 2011, transmitting a proposed Memorandum No. 19: amendment by adding the following project(s) and appropriation(s): Department of Parks and Recreation-Kailua Park Improvements (Reapp. 5596.17)-$1,500,000. Bill 50: AMENDS ORDINANCE NO. 10-59, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2011 Appropriates revenues in Federal Grants – Staffing for Adequate Fire and Emergency Response (SAFER) Program ($100,000); and appropriates same to the SAFER Program – Fire. Re: Comm. 186 Intr. by: Ms. Ford First Reading: May 17, 2011 REPORTS Financial Report: Monthly Budget Status Report for the Month Ended March 31, 2011, from the Department of Finance. FC-60 Recommends the confirmation of Mr. Glen Hisashima to the Board of Ethics. (Comm. 191): REFERRALS FOR EXECUTIVE SESSION A 2/3 vote pursuant to HRS Section 92-4 and Rule 10 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. Page 8 Hawai‘i County Council-18 June 1, 2011 OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) Comm. 189.3: REQUESTS RECONSIDERATION OF THE ACTION TAKEN ON BILL 51, DRAFT 2 (RELATING TO CHAPTER 18, ARTICLE 4, OF THE HAWAI‘I COUNTY CODE, RELATING TO PUBLIC TRANSIT SYSTEM, ISLAND-WIDE FARE STRUCTURE) From Council Member Brittany Smart, dated May 17, 2011, stating that as an unintended consequence of the May 17, 2011 Council vote on this measure, the Kōkua Zone (which allows for the County’s Hele-On bus service to be free to its riders) expires on June 30, 2011, and that the fees for the bus service will then return to their much higher pre-Kōkua Zone rates; and Bill 51 (Draft 2): AMENDS CHAPTER 18, ARTICLE 4, OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PUBLIC TRANSIT SYSTEM, ISLAND-WIDE FARE STRUCTURE The amendment proposes the following: 1) Establishes a $1 cash fare for riders of the Hele-On bus system, 2) Children under the age of five, senior citizens, individuals with disabilities, and students will be able to ride free of charge, and 3) For all other riders, a discount of 25 percent will be provided on a fare pre- payment program utilizing bus passes or bus tickets. (This amendment will take effect on July 1, 2011.) Re: Comm. 189.2 Intr. by: Mr. Onishi First Reading: May 4, 2011 Second Rdg.: May 17, 2011 (filed due to a vote of 4-ayes, 4-noes, 1-absent) (Note: If the motion to reconsider Bill 51, Draft 2, is approved, a re-vote will be taken on Bill 51, Draft 2, at this meeting.) 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 place is accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 961-8255 by May 27, 2011. Relay users please call 711(961-8255) to contact our office. Copies of this agenda and items listed on the agenda are available on the County Council-Clerk web page at http://co.hawaii.hi.us/council/agendas_and_actions.htm. For further information, please call 961-8255. Page 9 Hawai‘i County Council-18 June 1, 2011 Public Attendance via Videoconference is available at the following locations:  Kona Council Office, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A; and  Waimea Council Office at the Holomua Center, 64-1067 Māmalahoa Highway, Suite 5. If for technical or other unanticipated circumstances the video connection cannot be made and/or is disrupted, the scheduled meeting will continue. fourteen (14) Submitting Testimony: Those submitting written testimony at the meeting should bring copies for before 12:00 noon on the business day prior to the distribution. Public testimony may also be submitted meeting :(1) by mail to the County Clerk’s Office in Hilo at 25 Aupuni Street, Hilo, Hawai‘i, 96720; (2) by Please submit separate facsimile to (808) 961-8912; or (3) by e-mail to counciltestimony@co.hawaii.hi.us. testimony for each item. Viewing of Meetings on Government Access Television - Channel 52: thththththth Wednesdays, June 8 and 15 at 6 p.m.; Fridays, June 10 and 17 at 12 p.m.; and Sundays, June 12 and 19 at 9 a.m. (These airtimes are subject to preemption by broadcasts from the State Legislature, and are subject to change by Na Leo ‘O Hawai‘i. Please check the current legislative broadcast schedule on the Na Leo ‘O Hawai‘i website at http://www.naleo.tv/schedule.) UPCOMING MEETINGS TUESDAY, JUNE 7, 2011 COUNCIL PUBLIC 5 P.M. KEA‘AU COMMUNITY CENTER HEARING RE BILL 17, 16-186 Pili Mua Street, Kea‘au DRAFT 2 (PLASTIC BAG REDUCTION) TUESDAY, JUNE 14, 2011 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A TUESDAY, JUNE 14, 2011 COUNCIL PUBLIC 6:00 P.M. WEST HAWAI‘I CIVIC CENTER HEARING RE āl 74-5044 Ane Keohokole Highway RESOLUTION 74-11 Building A (WATER SYSTEM IMPROVEMENT DISTRICT – KONA OCEAN VIEW PROPERTIES SUBDIVISION) WEDNESDAY, JUNE 15, 2011 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A Page 10