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Home My WebLink AboutAGE COUNCIL 2013/06/05 2012-2014 J YOSHIMOTO ."'k BRENDA FORD Chairperson and Presiding Officer 4,1;,. GREGGORILAGAN DRU MAMO KANUHA KAREN EOFF '1°'r ' ZENDO KERN• [ice-Chairperson •r'.. OF DENNIS DENNIS"FRESH"ONISHI VALERIE T. POINDEXTER MARGARET WILLE COUNTY COUNCIL o County of Hawaii Hawai`i County Building t,w 25 Aupuni Street t ..< Hilo, Hawaii 96720 P U) )> 0. 15`x' Session ORDER OF BUSINESS West Hawai`i Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii Wednesday, June 5, 2013 9:00 a.m. INVOCATION Pastor Keith Elliott of Kona Church of God CALL TO ORDER ROLL CALL 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. Hawaii County Council-15 June 5. 2013 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) APPROVAL OF MINUTES COMMUNICATIONS ORDER OF RESOLUTIONS Res. 109-13: Res. 112-13: AUTHORIZES THE MAYOR TO ENTER INTO A MULTI-YEAR HOUSING ASSISTANCE PAYMENT CONTRACT (AGREEMENT) WITH MOHOULI SENIOR PHASE 1, LLP, OWNER OF THE MOHOULI HEIGHTS NEIGHBORHOOD PROJECT PHASE I (PROJECT), SELECTED FOR THE SECTION 8 PROJECT-BASED VOUCHER PROGRAM (PBV PROGRAM) AS OFFERED THROUGH A PUBLIC NOTICE DATED DECEMBER 1, 8, AND 15, 2010 The purpose of the PBV Program is to encourage property owners to make available rental housing units to low-income families that are not within the current housing fair market rents. The Office of Housing and Community Development would like to assist 20 units in the County under the funding available for this purpose. Reference: Comm. 266 Intr. by: Ms. Poindexter Approve: FC-67 URGES THE DEPARTMENT OF PARKS AND RECREATION AND PATH (PEOPLES ADVOCACY FOR TRAILS HAWAI`I) TO RENAME THE OLD WALUA ROAD BICYCLE AND PEDESTRIAN SCENIC ROUTE TO THE "TONI FORTIN BLAIR MEMORIAL OLD WALUA ROAD BICYCLE AND PEDESTRIAN SCENIC ROUTE" The late Toni Fortin Blair was a Kai!ua-Kona resident for more than 30 years, and she was a founding member of PATH who led the effort to establish the nearly four-mile long Old Walua Road Bicycle and Pedestrian Scenic Route. Reference: Comm. 275 Intr. by: Mr. Kanuha Waived: PWPRC Page 2 i'i County Council -15 June 5.2013 Res. 113 -13: Comm. 276.1: COMMITS TO FUNDING THE COST ITEMS AGREED UPON BY THE EMPLOYERS AND THE UNITED PUBLIC WORKERS (UPW) UNIT 01 AND EMPLOYEES EXCLUDED FROM BARGAINING UNIT 01 FOR THE CONTRACT PERIOD JULY 1, 2013 . THROUGH JUNE 30, 2017 Cost items are across- the -board increases, and changes stand -by work compensation from $2 per hour to 25 percent of daily rate. Estimated costs to the County will be $10,924,846 for blue- collar employees included in Bargaining Unit 01 and $111,717 for blue- collar employees excluded from Bargaining Unit 01, for atotal of $11,036,563. Reference: Comm. 276 Intr. by: Ms. Poindexter Waived: FC ; and From Finance Committee Chair Valerie T. Poindexter, dated May 16, 2013, requesting that this matter be waived to Council for immediate action. Res. 116 -13: APPROVES THE HAWAII STATE ASSOCIATION OF COUNTIES (HSAC) EXECUTIVE COMMITTEE SLATE FOR FISCAL YEAR 2013 -2014 Res. 117 -13: Requests the Council's approval for the following slate of HSAC- Executive Committee Members for Fiscal Year 2013 -2014: Mel Rapozo, President (Ross Kagawa, Alternate); Dennis "Fresh" Onishi, Vice President (Greggor Ilagan, Alternate); Stanley Chang, Secretary (Ikaika Anderson, Alternate); and Michael P. Victorino, Treasurer (G. Riki Hokama, Alternate). Also requests approval of the following: Michael P. Victorino and Gary L. Hooser as representatives on the National Association of Counties Board of Directors, and Dennis "Fresh" Onishi and Mel Rapozo as representatives to the Western Interstate Region Board of Directors. Reference: Comm. 280 Intr. by: Mr. Onishi Waived: GREDC COMMITS TO FUNDING THE COST ITEMS AGREED UPON BY THE EMPLOYERS AND THE HAWAII GOVERNMENT EMPLOYEES ASSOCIATION (HGEA) UNITS 02, 03, 04 AND EMPLOYEES EXCLUDED FROM THOSE UNITS FOR THE CONTRACT PERIOD JULY 1, 2013 THROUGH JUNE 30, 2015 Cost items are across- the -board increases and step movements. Estimated cost to the County will be $4,725,298. Reference: Comm. 285 Intr. by: Ms. Poindexter Waived: FC Page 3 Hawaii County Council-15 June 5. 2013 Res. 122-13: URGES THE MAYOR TO ADDRESS CHRONIC HOMELESSNESS IN HAWAII COUNTY Res. 124-13: Requests a representative from the Mayor's Office to apprise the Council on potential strategies to address chronic homelessness within 45 days after adoption of this resolution, share issues and challenges the County faces in dealing with this issue, and what measureable actions the Council can take to address chronic homelessness in this County. Reference: Comm. 293 Intr. by: Mr. Kanuha Waived: HSSSC AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND MORE THAN ONE FISCAL YEAR (5 YEARS) FOR A MULTI-YEAR LEASE OF REAL PROPERTY (WAREHOUSE) FOR THE OFFICE OF THE COUNTY CLERK, ELECTIONS DIVISION Enters into a five-year sublease with Men's Shop, Inc., for a 3,000 square foot warehouse space located at 210 Maka'ala Street, TMK: (3)2-2-060:016, at a term of $1,565, plus General Excise Tax per month. Reference: Comm. 298 Intr. by: Mr. Yoshimoto Waived: FC BILLS FOR ORDINANCES (FIRST READING) Bill 69: AMENDS CHAPTER 14, ARTICLE 1, SECTION 14-1 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO INTOXICATING LIQUORS PROHIBITED IN CERTAIN PUBLIC PLACES Amends Section 14-1(a) by including County parking lots as public places where intoxicating liquors are prohibited. Reference: Comm. 256 Intr. by: Ms. Eoff Approve: PWPRC-23 Page 4 Halvai'li County Council-15 June 5. 2013 Bill 86: AMENDS CHAPTER 18, ARTICLE 4, SECTION 18-90, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO PUBLIC TRANSIT SYSTEM, ISLAND-WIDE FARE STRUCTURE Amends Chapter 18, Section 18-90 (Fares) by addressing fare increases and changes to the fare structure of the County's public transit system, and will take effect on July 1, 2013. Reference: Comm. 294 Intr. by: Ms. Poindexter Waived: FC ORDER OF 111 E DAY (SECOND OR FINAL READING) Bill 61: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Improves traffic safety at Keonepoko Elementary School during student drop- off and pick-up times. Amends Section 24-280, Schedule 28, No parking at anytime, subsection (g), Puna, by adding, "Kahakai Boulevard, northeast (makai) side, between the two driveways of Keonepoko Elementary School along the southwest property line of parcel number 1-5-009:059." Reference: Comm. 241 Intr. by: Mr. Kanuha First Reading: May 15, 2013 Bill 62: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 8, SECTION 24-293 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO RESTRICTION ON CERTAIN VEHICLES Amends the Hawai`i County Code in accordance with the Mdmalahoa Highway Bypass Road project. Amends Schedule 41, Use of certain streets by certain vehicles restricted, subsection (f), under paragraph (1), by deleting items (D) and (E) concerning vehicles having a gross vehicle weight rating of three or more tons; and under paragraph (3), by deleting items (A), (B), and (C) concerning bicycles, mopeds, and motor scooters. Reference: Comm. 242 Intr. by: Mr. Kanuha First Reading: May 15, 2013 Page 5 Halvai'li County Council-15 June 5. 2013 Bill 63: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-280 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Revises the existing no parking at anytime zone to include the Keauhou Punahele driveway and a 75-foot portion of Ali` i Drive north of Kaleiopapa Street. Amends Schedule 28, No parking at anytime, subsection (0, by adding, "Ali`i Drive, west (makai side), from a point seventy-five feet north of Kaleiopapa Street and extending four hundred twenty-two feet in the southerly direction." Reference: Comm. 243 Intr. by: Mr. Kanuha First Reading: May 15, 2013 Bill 65: AMENDS CHAPTER 19, ARTICLE 10, SECTION 19-53(j), OF THE HAWA COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO BREACH OF AFFORDABLE RENTAL HOUSING CLASS Replaces the two year plus current year rollback penalty with a rollback penalty to the date of the classification, but no more than the current year. Reference: Comm. 247 Intr. by: Ms. Poindexter First Reading: May 15, 2013 Bill 72: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING 30, 2013, RELATING TO THE TRANSFER OF FUNDS TO THE PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION FUND Increases revenues in Real Property Tax Interest ($290,000); and appropriates same to Transfer to Public Access/Open Space Preservation (PONC) Fund. Real property tax interest revenues are expected to exceed the amount budgeted for FY 2012-13, requiring additional funds be transferred into the PONC account in order to be in compliance with Section 10-15 of the County Charter. Reference: Comm. 262 Intr. by: Ms. Poindexter First Reading: May 15, 2013 Page 6 Hawaii County Council-15 June 5. 2013 Bill 73: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Increases revenues in Federal Grants — HOME Program ($1,050,279); and appropriates same to Na Kahua Hale 0 Ulu Wini. Funds will be used towards vertical construction of the final phase of the Office of Housing and Community Development's Ulu Wini project, consisting of 20 two-bedroom units. Reference: Comm. 263 Intr. by: Ms. Poindexter First Reading: May 15, 2013 Bill 74: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JIJNE 30, 2013 Increases revenues in Federal Grants — Workforce Investment Act (WIA) ($1,521,232); and appropriates to the following: WIA — Administration Planning 2013-14 ($152,121), WIA — Adult Program 2013-14 ($495,316), WIA — Dislocated Worker Program 2013-14 ($405,276), and WIA — Youth Program 2013-14 ($468,519), for a total of $1,521,232. Funds will be used by the Office of Housing and Community Development's Program Year WIA program to assist adults, dislocated workers, and youth by providing services that will train individuals to increase employment, retention, earnings, skills, and literacy. Reference: Comm. 264 Intr. by: Ms. Poindexter First Reading: May 15, 2013 Bill 76: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Appropriates revenues in State Grants — Agriculture Production and Processing Facility ($60,000); and appropriates same to Agriculture Production and Processing Facility. Reference: Comm. 268 Intr. by: Ms. Poindexter First Reading: May 15, 2013 Page 7 Hawaii County Council-15 June 5. 2013 Bill 77: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Appropriates revenues in Fund Balance Reserved for Liquor Control ($222,300); and appropriates same to Liquor Control Other Current Expense. Resolution 21-13 authorized the acquisition of private property by eminent domain located at Hilo Lagoon Centre, Suite 229B, which will be renovated and made ADA compliant for the Liquor Control Department for use as a conference room. Reference: Comm. 269 Intr. by: Ms. Poindexter First Reading: May 15, 2013 REPORTS REFERRALS FOR EXECUTIVE SESSION Comm. 291: Comm. 292: CLAIM AGAINST THE COUNTY OF HAWAFI/MIYASATO, AARON From Claims Investigator/Adjustor Clifford D. Victorine III, dated May 15, 2013, requesting an attorney-client confidential discussion to consult with the Council regarding a property damage incident occurring on or about November 10, 2012. NICOLE K. NAMORDI V. JASON K. HAMADA, ET AL.; CIVIL NO. CV12-00480 ACK/RLP From Deputy Corporation Counsel Michael J. Udovic, dated May 20, 2013, requesting an attorney-client confidential discussion to consult with the Council regarding an incident involving an arrest and alleged misconduct occurring on or about August 29, 2010. 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 Page 8 Hawaii County Council June 5.2013 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 June 3, 2013. Relay users please call. 711(961 -8255) to contact our office. Public attendance via videoconference is also available at the following locations until 4:30 p.m. or later in the event public witness testimony has not been completed: • Hilo Council Room, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401. • Waimea Council Office, Holomua Center, 64 -1067 Mamalahoa Highway, Suite 5 • Pahoa Council Office, Pahoa Marketplace, 15 -2660 Pahoa Village Road, Room 304 Public attendance via videoconference will not be available at the Hawaiian Ocean View Estates Community Center, 92 -8924 Leilani Circle. If for technical or other unanticipated circumstances the video connection cai 11 lot be made and/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 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, Hawai`i, 96720; (2) by facsimile to (808) 961 -8912; or (3) by e -mail to counci/testin,cmv ilvo.hcn naii.hi.us. Please submit separate testimony for each item. Submitting Video Testimony: Those submitting video testimony may e -mail a complete web address (url) to videotestimony u,hawaiicounty.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). Allowable video 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. Page 9 Hawaii County Council-15 June 5, 2013 Viewing of Meetings on Government Access Television - Channel 55: Wednesdays, June 17th (to follow the viewing of the May 30th meeting which is scheduled to start at 6 p.m.) and June 19th at 6 p.m.: Fridays, June 14th (to follow the viewing of the May 30th meeting which is scheduled to start at 12 p.m.) and June 21s' at 12 p.m.; Sundays, June 16'h (to follow the viewing of the May 30' meeting which is scheduled to start at 9 a.m.) and June 23'd at 9 a.m. (These airtimes are subject to preemption by broadcasts from the State Legislature, and are subject to change by Na Leo '0 Hawai`i. Please check the current legislative broadcast schedule on the Na Leo '0 Hawai`i website at http://www.naleo.tv/tv-schedules/channe1-52/.) UPCOMING MEETINGS TUESDAY, JUNE 18, 2013 COMMITTEES TBA WEST HAWAII CIVIC CENTER 74-5044 Ane Keohokdlole Highway Building A WEDNESDAY, JUNE 19, 2013 COUNCIL 9:00 A.M. WEST HAWAI`I CIVIC CENTER 74-5044 Ane Keohokdlole Highway Building A TUESDAY, JULY 9, 2013 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, JULY 10, 2013 COUNCIL 9:00 A.M. COUNCIL ROOM — HILO 25 Aupuni Street Page 10