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Home My WebLink AboutAGE COUNCIL 2013/12/04 2012-2014 J YOSHIMOTO �� ".r, BRENDA FORD ` Lle;g; Chair and Presiding Officer " �.��• • GREGGOR ILAGAN • .,,,, /;.; DRU MAMO KANUHA• KAREN EOFF '�' - ZENDO KERN Vice Chair +i�: �"•'�`• DENNIS"FRESH"ONISHI r`°F,"�� VALERIE T.POINDEXTER MARGARET WILLE COUNTY COUNCIL County of Hawai'I Hawai`i County Building 25 Aupuni Street Hilo, Hawai`i 96720 29th Session (7) t iv •-� ORDER OF BUSINESS —c, E a� West Hawai`i Civic Center a -- 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawai`i December 4, 2013 9:00 a.m. (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) INVOCATION Pastor Jason Meechan of Thy Word Ministries 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-29 December 4, 2013 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. 221-13: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE RESURFACING OF KALANIAI ROAD IN KALŌPĀ Transfers/appropriates $20,000 out and from Clerk-Council Services – Contingency Relief (Council District 1); credits same to Department of Public Works, Transfer to Highway Fund (North Hilo/Hāmākua Other Current Expenses, Highway Materials – Kalaniai Road Resurfacing). Reference: Comm. 516 Intr. by: Ms. Poindexter Waived: FC Res. 222-13: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR “TEEN DATING VIOLENCE PREVENTION PEER EDUCATION CONFERENCES” Transfers/appropriates $5,000 out and from Clerk-Council Services – Contingency Relief (Council District 8); credits same to Office of the Prosecuting Attorney, Committee on Status of Women, Miscellaneous Contract (Teen Dating Violence Prevention Peer Education Conferences). Reference: Comm. 517 Intr. by: Ms. Eoff Waived: FC Page 2 Hawai‘i County Council-29 December 4, 2013 Res. 224-13: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT(S) AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT(S) FOR THE PURCHASE OF SAFETY EQUIPMENT FOR THE VOLUNTEER FIRE FIGHTERS IN COUNCIL DISTRICT 6 Transfers/appropriates $6,800 out and from Clerk-Council Services – Contingency Relief (Council District 6); credits same to Hawai‘i Fire Department, Training and Volunteer Fire Other Current Expenses, Public Safety Supplies (Council District 6 – Volunteer Fire Fighters Equipment). Reference: Comm. 522 Intr. by: Ms. Ford Waived: FC Res. 225-13: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR WILDLAND FIREFIGHTING BOOTS AND OTHER PROTECTIVE GEAR FOR VOLUNTEER FIREFIGHTERS IN PUNA, COUNCIL DISTRICT 4 Transfers/appropriates $3,800 out and from Clerk-Council Services – Contingency Relief (Council District 4); credits same to Hawai‘i Fire Department, training and Volunteer Fire Other Current Expenses, Public Safety Supplies (Protective Gear for Volunteer Firefighters). Reference: Comm. 523 Intr. by: Mr. Ilagan Waived: FC Res. 226-13: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR BICYCLE RACKS AT THE PĀHOA AQUATIC CENTER Transfers/appropriates $1,200 out and from Clerk-Council Services – Contingency Relief (Council District 4); credits same to Department of Parks and Recreation, Parks Maintenance Other Current Expenses, Miscellaneous Materials and Supplies (Bicycle Racks for the Pāhoa Aquatic Center). Funds may also be used for miscellaneous supplies related to park improvements in Puna. Reference: Comm. 524 Intr. by: Mr. Ilagan Waived: FC Page 3 Hawai‘i County Council-29 December 4, 2013 Res. 227-13: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR KEALAKEHE PROJECT GRAD Transfers/appropriates $5,000 out and from Clerk-Council Services – Contingency Relief (Council District 8); credits same to Department of Liquor Control, Public Programs, Miscellaneous Contract Services (Kealakehe Project Grad). Kealakehe Project Grad will be held on May 24, 2014. Reference: Comm. 525 Intr. by: Ms. Eoff Waived: FC Res. 238-13: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $2,000 TO THE DEPARTMENT OF PARKS AND RECREATION TO SUPPORT THE 2013 WINTER BASKETBALL CLASSIC Donated by the Kevin Kai‘ea Pavel Memorial Fund of the Hawai‘i Community Foundation. Reference: Comm. 540 Intr. by: Ms. Poindexter Waived: FC Res. 239-13: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT(S) AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT(S) FOR MATERIALS TO ERECT THE PRISONER OF WAR/MISSING IN ACTION (POW/MIA) MEMORIAL GARDEN AT THE WEST HAWAI‘I VETERANS CEMETERY Transfers/appropriates $15,000 out and from Clerk-Council Services – Contingency Relief (Council District 8); credits same to Department of Parks and Recreation, Parks Maintenance Other Current Expenses, Miscellaneous Materials and Supplies (POW/MIA Memorial Garden). Reference: Comm. 543 Intr. by: Ms. Eoff Waived: FC Page 4 Hawai‘i County Council-29 December 4, 2013 BILLS FOR ORDINANCES (FIRST READING) Bill 154: AMENDS ORDINANCE NO. 13-65, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2014 Increases revenues of $2,600 in the Transfer from General Fund account, and appropriates same to the Streetlights Other Current Expenses account. Funds would be used by the Public Works Department’s Traffic Division to install a new utility light pole, complete with associated fixtures and electrical connections, at the airport evacuation gate at the end of Ka‘uhane Avenue in Hilo. Reference: Comm. 530 Intr. by: Ms. Poindexter Waived: FC Bill 157: AMENDS ORDINANCE NO. 13-65, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2014 Increases revenues of $31,000 in the Transfer from General Fund account, and appropriates same to the Golf Course Equipment account. Funds would be used by the Parks and Recreation Department to purchase a Cushman turf-truckster and a Greens Groomer brush system for maintenance at the Hilo Municipal Golf Course. Reference: Comm. 539 Intr. by: Ms. Poindexter Waived: FC Bill 158: AMENDS ORDINANCE NO. 13-65, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2014 Increases revenues of $20,000 in the Transfer from General Fund account, and appropriates same to the North Hilo/Hāmākua Road, Materials account. Funds would be used by the Public Works Department’s Highways Division to address maintenance issues at Kalaniai Road in Kalōpā in the Hāmākua District. Reference: Comm. 541 Intr. by: Ms. Poindexter Waived: FC Page 5 Hawai‘i County Council-29 December 4, 2013 ORDER OF THE DAY (SECOND OR FINAL READING) Res. 223-13: PROVIDES FOR THE ACQUISITION OF PRIVATE PROPERTIES BY EMINENT DOMAIN, BEING PORTIONS OF TAX MAP KEY: 8-1-09: 34 & 52 (PARCEL 22), 33 & 49 (PARCEL 23), 03, 50 & 51 (PARCEL 24), 08 (PARCEL 27) AND 07 (PARCEL 28), SITUATED AT KA‘AWALOA, SOUTH KONA, COUNTY AND STATE OF HAWAI‘I, FOR THE DEVELOPMENT AND CONSTRUCTION OF MĀMALAHOA BYPASS ROAD, JOB NO. E-4163, AND NĀPO‘OPO‘O ROAD/MĀMALAHOA HIGHWAY IMPROVEMENTS, JOB NO. E-4614 Acquisition of these five parcels is needed to complete the development and construction of the last phase of the Māmalahoa Highway Bypass Road from south of the intersection of Māmalahoa Highway Bypass Road and Haleki‘i Street to the intersection of Nāpo‘opo‘o Road and Māmalahoa Highway Intersection. Reference: Comm. 518 Intr. by: Ms. Poindexter Waived: FC First Reading: November 20, 2013 Note: Second of two required readings, Section 101-13, Hawai‘i Revised Statutes Bill 141 (Draft 2): AMENDS CHAPTER 2, ARTICLE 3, SECTION 2-9 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SETTLEMENT OF CLAIMS Increases the settlement amount for claims to be settled by the Office of the Corporation Counsel, without Council authorization, from $1,500 to $10,000. Reference: Comm. 469.2 Intr. by: Ms. Poindexter First Reading: November 20, 2013 Bill 142: AMENDS ORDINANCE NO. 13-65, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2014 Increases revenues of $10,888 in the Hawai‘i Energy Rebate - State account, and appropriates same to the Light Emitting Diodes, Light Rebate Program account. Funds would be used by the Public Works Department’s Traffic Division towards future energy savings efforts. Reference: Comm. 472 Intr. by: Ms. Poindexter First Reading: November 20, 2013 Page 6 Hawai‘i County Council-29 December 4, 2013 REPORTS REFERRALS FOR EXECUTIVE SESSION Comm. 489.1: DISCUSSION REGARDING THE SELECTION PROCESS FOR THE LEGISLATIVE AUDITOR POSITION, AND SELECTION OF THE LEGISLATIVE AUDITOR From Council Chair J Yoshimoto, dated November 25, 2013, requesting an executive session to consider the hire of the new Legislative Auditor. Discussion would include the selection process, interview protocols and questions, selection criteria, and selection of the Legislative Auditor. Comm. 542: CLAIM AGAINST THE COUNTY OF HAWAI‘I/minor WHITE From Deputy Corporation Counsel Christopher P. Schlueter, dated November 18, 2013, requesting an attorney-client confidential discussion to consult with the Council regarding a settlement offer made by Bruce Larson, Esquire, on behalf of his minor client, to settle a personal injury claim occurring on or about July 17, 2012. The Council anticipates convening an executive meeting regarding the above matters, pursuant to Sections 92-5(a)(2) and 92-5(a)(4), for the purpose of considering the hiring of an officer or employee, as well as 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 December 2, 2013 accommodations for this meeting should call 961-8255 by . Relay users please call 711(961-8255) to contact our office. Page 7 Hawai‘i County Council-29 December 4, 2013 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:  County Council Room, Hawai‘i County Building, 25 Aupuni Street, First Floor, Room 1401; and  Waimea Council Office, Holomua Center, 64-1067 Māmalahoa Highway, Suite 5. Public attendance via videoconference is also available at the following locations until 3:00 p.m. or later in the event public witness testimony has not 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. If for technical or other unanticipated circumstances the video connection cannot 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 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: thththth Wednesdays, December 11 and 18 at 6 p.m.; Fridays, December 13 and 20 at 12 p.m.; and thnd Sundays, December 15 and 22 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 8 Hawai‘i County Council-29 December 4, 2013 UPCOMING MEETINGS TUESDAY, DECEMBER 17, 2013 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, DECEMBER 18, 2013 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street TUESDAY, JANUARY 7, 2014 COMMITTEES TBA COUNCIL ROOM - HILO 25 Aupuni Street WEDNESDAY, JANUARY 8, 2014 COUNCIL 9:00 A.M. COUNCIL ROOM - HILO 25 Aupuni Street Page 9