The URL can be used to link to this page

Home My WebLink AboutAGE COUNCIL 2012/12/19 2012-2014J YOSHIMOTO Chairperson and Presiding Officer KAREN EOFF Vice- Chairperson 2nd Session INVOCATION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE COUNTY COUNCIL County of Hawai '1 Hawai `i County Building 25 Aupuni Street Hilo, Hawaii 96720 ORDER OF BUSINESS Hawai`i County Council West Hawai`i Civic Center 74 -5044 Ane Keohokalole Highway, Building A Kailua -Kona, Hawai` i Wednesday, December 19, 2012 9:00 a.m. Pastor Brian Shiroma of Solid Rock Ministries BRENDA FORD GREGGOR ILAGAN DRU MAMO KANUHA ZENDO KERN DENNIS "FRESH" ONISHI VALERIE T. POINDEXTER MARGARET WILLE w (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-2 December 19, 2012 APPROVAL OF MINUTES 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) COMMUNICATIONS Comm. 4: NOMINATIONS TO THE PUNA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE: MS. JUNE M. CONANT, MS. SHARON R. DAUN, AND MR. FARRIS D. ETTERLEE, JR. From Mayor Billy Kenoi, dated November 20, 2012, requesting the Council’s favorable consideration of the above appointments. ORDER OF RESOLUTIONS Res. 318-12: ACCEPTS A GRANT OF EASEMENT FOR SEWER FACILITIES FOR CERTAIN (2010-2012) PREMISES LOCATED AT KEAHUOLŪ, DISTRICT OF NORTH KONA, ISLAND, COUNTY AND STATE OF HAWAI‘I, TMK NO.: (3)7-4-008:002 FROM THE TRUSTEES OF THE QUEEN LILI‘UOKALANI TRUST The Kealakehe Force Main was installed within property owned by the Queen Lili‘uokalani Trust in 1991 to convey wastewater from the Kealakehe Sewage Pump Station in Kailua-Kona, to the Kealakehe Wastewater Treatment Plant in Kealakehe. The Trustees of the Queen Lili‘uokalani Trust desire to grant the County of Hawai‘i the sewer easements described in Exhibit A and depicted on Exhibit B, which are attached to this resolution. Re: Comm. 898 Intr. by: Mr. Blas Approve: PWPRC-130 Res. 321-12: ACCEPTS THE DONATION OF LOTS 59-A-2 AND 59-A-3 SITUATED AT (2010-2012) KALŌPĀ, DISTRICT OF HĀMĀKUA, COUNTY AND STATE OF HAWAI‘I, BEING TAX MAP KEY: (3)4-4-008:142 (POR.), FROM ALFRED F. NIBECKER, JR. AND SANDRA J. NIBECKER, AS CO-TRUSTEES UNDER THAT CERTAIN NIBECKER FAMILY TRUST, DATED MARCH 14, 2000 The Nibeckers wish to donate Lots 59-A-2 and 59-A-3, consisting of approximately 295 square feet and 198 square feet respectively, to the County of Hawai‘i to remedy the encroachment of the County paved road onto their Parcel for public purpose. Re: Comm. 903 Intr. by: Ms. Ford (B/R) Approve: FC-274 Page 2 Hawai‘i County Council-2 December 19, 2012 Res. 322-12: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT (2010-2012) WITH HAWAI‘I ISLAND PUBLIC HIGH SCHOOLS, PURSUANT TO HRS 46-7, TO IMPLEMENT THE HAWAI‘I TEEN OUTREACH PROGRAM (HITOP) IN HAWAI‘I COUNTY The Prosecuting Attorney’s office has agreed to implement the project throughout the Island of Hawai‘i. HITOP’s goal is to develop the positive potential of teens with the intended results of less risk-taking behaviors such as violence, school failure, and teen pregnancy. Re: Comm. 904 Intr. by: Ms. Ford (B/R) Approve: FC-275 Res. 20-12: ACCEPTS THE DEDICATION OF ROAD LOTS PARCEL 1, LOT C-1-A-3, PARCELS 2 TO 14, INCLUSIVE AND LOT 15-A-1, BEING TAX MAP KEYS: (3)7-8-010:098 (POR.) (PARCEL 1 AND LOT C-1-A-3), 7-9-005:081 (POR.)(PARCELS 2 THROUGH 6), 7-9-006:038 (POR.) (PARCELS 7 THROUGH 9), 7-9-012:034 (POR.) (PARCELS 10 THROUGH 14), AND 8-1-035:004 (POR.) (LOT NDSTND 15-A-1), SITUATED AT KEAUHOU 2, HONALO, MAIHI 1 AND 2, KUAMOO STNDRDSTNDSTND 1, 2 AND 3, KAWANUI 1 AND 2, LEHUULA 1 AND 2, HONUAINO STNDRDTHSTNDSTND 1, 2, 3 AND 4, HOKUKANO 1 AND 2, AND KANAUEUE 1 AND 2, DISTRICT OF NORTH KONA, AND HALEKI‘I, DISTRICT OF SOUTH KONA, ISLAND, COUNTY AND STATE OF HAWAI‘I, FROM 1250 OCEANSIDE PARTNERS, A HAWAI‘I LIMITED PARTNERSHIP 1250 Oceanside Partners, a Hawai‘i limited partnership, is desirous of dedicating the referenced roadway lots to the County of Hawai‘i for road and drainage purposes. The roadway lots have been inspected and approved by the Department of Public Works, and received dedication approval from the Departments of Water Supply, Planning, and Environmental Management. Re: Comm. 26 Intr. by: Mr. Kanuha Waived: PWPRC Page 3 Hawai‘i County Council-2 December 19, 2012 BILLS FOR ORDINANCES (FIRST READING) Bill 313 ( Draft 2): AMENDS ORDINANCE NO. 12-87, AS AMENDED, RELATING TO PUBLIC (2010-2012) IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2012 TO JUNE 30, 2013 Adds Department of Parks and Recreation: Multi-Purpose Event Center ($500,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources ($500,000). The funds would be used for the planning and design of a multi-purpose event center, the acquisition of property if not to be constructed on County property, and later the construction of the center. Re: Comm. 868.2 Intr. by: Mr. Ikeda Approve: FC-277 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Bill 332: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET (2010-2012) FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Increases revenues in State Grants-Area Plan on Aging ($240,328); and appropriates same to Area Plan on Aging. Funds will be used by the Office of Aging to continue implementation of the Aging Disability Resource Center (ADRC) program. Re: Comm. 905 Intr. by: Ms. Ford (B/R) Approve: FC-276 Bill 10: AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS OF THE COUNTY OF HAWAI‘I FOR THE PURPOSE OF REFUNDING CERTAIN OUTSTANDING GENERAL OBLIGATION BONDS AND NOTES; FIXING THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH REFUNDING BONDS AND PROVIDING FOR THEIR SALE TO THE PUBLIC; PROVIDING FOR THE RETIREMENT OF THE BONDS TO BE REFUNDED; AND AUTHORIZES THE TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE REFUNDING BONDS AND THE RETIREMENT OF THE BONDS TO BE REFUNDED Authorizes the issuance of general obligation refunding bonds, not to exceed 60,000,000 for the purpose of refinancing outstanding County debt in the form of bonds that were issued and loans that were acquired at higher interest rates. (The bonds and obligations are listed in this bill.) Re: Comm. 27 Intr. by: Ms. Poindexter Waived: FC Page 4 Hawai‘i County Council-2 December 19, 2012 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 320: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-280 OF THE (2010-2012) HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Amends Chapter 24, Article 10, Division 5, Section 24-280, Schedule 28 (No parking at anytime), subsection (c), South Hilo, by adding a new item: “( ) Waiānuenue Avenue, north (Hāmākua side), from Kaūmana Drive to Rainbow Drive.” The amendment restricts parking to provide adequate sight distance for a driveway that will service a new parking lot adjacent to Gilbert Carvalho Park. Re: Comm. 877 Intr. by: Mr. Blas First Reading: November 21, 2012 Bill 321: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-284 OF THE (2010-2012) HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Amends Chapter 24, Article 10, Division 5, Section 24-284, Schedule 32 (Two hour parking areas), subsection (c), South Hilo, by adding a new item: “( ) Ponahawai Street, southeast side, from a point one hundred seventy-six feet northeast of Kīlauea Avenue and extending one hundred two feet in the northeasterly direction.” The amendment creates short-term parking in the area by converting a portion of the existing eight hour parking to two hour parking. Re: Comm. 878 Intr. by: Mr. Blas First Reading: November 21, 2012 Bill 322: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-284.1 OF THE (2010-2012) HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Amends Chapter 24, Article 10, Division 5, Section 24-284.1, Schedule 32.1 (8 hour parking areas), subsection (c), South Hilo, by revising an existing item: “9) Ponahawai Street, Puna southeast side, from a point three hundred five feet northeast of Kīlauea Avenue and extending two hundred seventy feet in the northeasterly direction Kamehameha Avenue to Kilauea Avenue.” The amendment creates short-term parking in the area by converting a portion of the existing eight hour parking to two hour parking. Re: Comm. 879 Intr. by: Mr. Blas First Reading: November 21, 2012 Page 5 Hawai‘i County Council-2 December 19, 2012 Bill 328: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET (2010-2012) FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Increases revenues in State Grants-Area Plan on Aging ($661,597); and appropriates same to Area Plan on Aging. Funds would be used by the Office of Aging to continue implementation of the Kupuna Care Program home and community-based services. Re: Comm. 889 Intr. by: Ms. Ford (B/R) First Reading: November 21, 2012 Bill 329: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET (2010-2012) FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Increases revenues in Federal Grants-Criminal Justice System (CJS) Information Sharing-American Reinvestment and Recovery Act (ARRA) ($35,836); and appropriates same to CJS Information Sharing-ARRA. Funds would be used by the Prosecuting Attorney’s Office’s to streamline workflow and improve efficiency by automating manual entry and redundant processes. Re: Comm. 892 Intr. by: Ms. Ford (B/R) First Reading: November 21, 2012 Bill 333: AMENDS CHAPTER 2, ARTICLE 44, OF THE HAWAI‘I COUNTY CODE 1983 (2010-2012) (2005 EDITION, AS AMENDED), RELATING TO THE HAWAI‘I COUNTY CULTURAL RESOURCES COMMISSION Amends Chapter 2, Article 44, Section 2-226(b), relating to Commission established; and Section 2-229(j) relating to powers and duties by adding language regarding traditional Native Hawaiian burial practices. Re: Comm. 907 Intr. by: Mr. Yagong First Reading: November 21, 2012 REPORTS Financial Report: Monthly Budget Status Report for the Month Ended June 30, 2012, from the Department of Finance. Financial Report: Monthly Budget Status Report for the Month Ended July 31, 2012, from the Department of Finance. Page 6 Hawai‘i County Council-2 December 19, 2012 REFERRALS FOR EXECUTIVE SESSION Comm. 11: DAMON TUCKER V. JAMES WAIAMAU, ET AL.; CIVIL NO. 12-1-0403 From Deputy Corporation Counsel Kimberly K. Angay, dated December 3, 2012, requesting attorney-client confidential discussion in executive session to consult with the County Council on questions and issues pertaining to its powers, duties, privileges, immunities, and liabilities regarding the above-entitled matter. Comm. 13: CLAIM AGAINST THE COUNTY OF HAWAI‘I/DONNA STICKEL From Deputy Corporation Counsel Kimberly K. Angay, dated December 4, 2012, requesting an attorney-client confidential discussion in executive session to consult with the County Council on a claim submitted by Donna Stickel. 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 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 accommodations for this meeting should call 961-8255 by December 17, 2012. Relay users please call 711(961-8255) to contact our office. 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. Council Members will be present at the following locations:  County Council Room, Hawai‘i County Building, 25 Aupuni Street, First Floor, Room 1401 (Pursuant to Hawai‘i Revised Statutes, Section 92-7, and Council Rule No. 2, Council Member Dennis “Fresh” Onishi will be participating from the above location.)  Kona Council Room, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A Waimea Council Office Public Attendance via Videoconference is available at the locations above; and at the Pāhoa Council Office (Holomua Center, 64-1067 Māmalahoa Highway, Suite 5), the (Pāhoa Marketplace, Hawaiian Ocean View Estates Community Center 15-2660 Pāhoa Village Road, Room 304), and the (92-8924 Leilani Circle), until 4:30 p.m., or later in the event public witness testimony has not been completed. If audio stream between Kona and Hilo is lost for more than a short period of time, the meeting will be terminated. Page 7 Hawai‘i County Council-2 December 19, 2012 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: ndththth Wednesdays, January 2 and 9 at 6 p.m.; Fridays, December 28 and January 4 at 12 p.m.; and Sundays, thth December 30 and January 6 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/.) UPCOMING MEETINGS TUESDAY, JANUARY 8, 2013 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, JANUARY 9, 2013 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street TUESDAY, JANUARY 22, 2013 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A WEDNESDAY, JANUARY 23, 2013 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER āl 74-5044 Ane Keohokole Highway Building A Page 8