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Home My WebLink AboutAGE FC 2014/02/18 2012-2014 ACTIONS VALERIE T. POINDEXTER KAREN EOFF BRENDA FORD Chair and Presiding Officer DRU MAMO KANUHA ZENDO KERN GREGGOR ILAGAN DENNIS “FRESH” ONISHI MARGARET WILLE Vice Chair J YOSHIMOTO COUNTY COUNCIL County of Hawai‘i Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i 96720 COMMITTEE ON FINANCE th 28 Session ORDER OF BUSINESS West Hawai‘i Civic Center 74-5044 Ane Keohokālole Highway, Building A Kailua-Kona, Hawai‘i February 18, 2014 4:00 p.m. (Note: Please turn cell phones, pagers and other mobile communication devices on silent mode.) 4:07 p.m. CALL TO ORDER - ROLL CALL STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS COMMUNICATIONS Comm. 668: NOMINATES DR. KU KAHAKALAU TO THE BOARD OF ETHICS From Mayor William P. Kenoi, dated January 29, 2014, submitting for the Council’s review and confirmation the above nomination. Recommends confirmation of the appointment of Dr. Ku Kahakalau to the Board of Ethics: Ayes: Committee Members Eoff, Ford, Ilagan, Kanuha Kern, Onishi, Wille, Yoshimoto, and Chair Poindexter - 9. Noes: None. Absent: None. Serving the Interests of the People of our Island Hawai‘i County is an Equal Opportunity Provider and Employer FC-28 February 18, 2014 Comm. 669: NOMINATES IDA H. OTAKE TO THE MERIT APPEALS BOARD From Mayor William P. Kenoi, dated January 30, 2014, submitting for the Council’s review and confirmation the above nomination. Recommends confirmation of the appointment of Ida H. Otake to the Merit Appeals Board: Ayes: Committee Members Eoff, Ford, Ilagan, Kanuha Kern, Onishi, Wille, Yoshimoto, and Chair Poindexter - 9. Noes: None. Absent: None. ORDER OF RESOLUTIONS Res. 140-13: ACCEPTS A GRANT OF EASEMENTS FROM KOHALA KAI, LLC, FOR (Draft 2) PUBLIC ACCESS PURPOSES The easements will provide vehicular public access, public access parking, and a mauka-makai and lateral walkable trail to the shoreline. Draft 2 replaces Exhibit 1 with the “Grant of Public Access Easements” provided in Comm. 343.27. Reference: Comm. 343.32 Intr. by: Ms. Poindexter Postponed: July 23, December 3 and17, 2013; and January 21, 2014 (Note: There is a pending motion by Mr. Onishi and duly seconded by Mr. Kanuha to recommend adoption of Res. 140-13, as amended to Draft 2.) Recommends adoption of Res. 140-13, as amended to Draft 3: Ayes: Committee Members Eoff, Ilagan, Kanuha, Kern, Onishi, Wille, Yoshimoto, and Chair Poindexter - 8. Noes: Committee Member Ford - 1. Absent: None. Page 2 FC-28 February 18, 2014 BILLS FOR ORDINANCES Bill 181: AMENDS CHAPTER 2, ARTICLE 15, OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE CODE OF ETHICS Prohibits County officers and employees, or businesses in which a County officer or employee or the officer or employee’s spouses or dependent children own a controlling interest, from contracting for goods and services with any County agency; prohibits any elected or appointed officer or employee from appearing on behalf of any private interests before any County agency except as specifically provided for by law; and redefines the use of the term “agency.” Reference: Comm. 600 Intr. by: Ms. Poindexter Postponed: January 21, 2014 (Note: There is a pending motion by Ms. Eoff and duly seconded by Mr. Kern to recommend passage of Bill 181 on first reading.) Postponed Bill 181 to March 18, 2014: Ayes: Committee Members Eoff, Ford, Ilagan, Kanuha Onishi, Wille, Yoshimoto, and Chair Poindexter - 8. Noes: None. Absent: Committee Member Kern -1. ; and Comm. 600.1: From Council Member Valerie T. Poindexter, dated January 30, 2014, requesting Bill 181 be placed on the Finance Committee’s February 18, 2014, agenda. Page 3 FC-28 February 18, 2014 Bill 194: AMENDS CHAPTER 21, ARTICLE 4, SECTION 21-32 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO BILLING OF CHARGES; PAYMENT; LATE PENALTY Authorizes the Department of Water Supply to terminate water services for non- payment of sewer services charges when so directed by the Director of Environmental Management after due notice and opportunity for a hearing before the Environmental Management Commission, and the resolution of any appeal therefrom, as provided by Chapter 91, Hawai‘i Revised Statutes. Reference: Comm. 654 Intr. by: Ms. Poindexter Referred Bill 194 to the Director of the Department of Environmental Management and the Environmental Management Commission for review and comment pursuant to Hawai‘i County Code Section 2-207. Ayes: Committee Members Eoff, Ford, Ilagan, Kanuha Onishi, Wille, Yoshimoto, and Chair Poindexter - 8. Noes: None. Absent: Committee Member Kern -1. Bill 195: AMENDS CHAPTER 21, ARTICLE 4, SECTION 21-32 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO BILLING OF CHARGES; PAYMENT; LATE PENALTY Reduces the rate of interest charged on past due wastewater balances from one and one-half percent per month, to one percent per month. Reference: Comm. 655 Intr. by: Ms. Poindexter Referred Bill 195 to the Director of the Department of Environmental Management and the Environmental Management Commission for review and comment pursuant to Hawai‘i County Code Section 2-207. Ayes: Committee Members Eoff, Ford, Ilagan, Kanuha Onishi, Wille, Yoshimoto, and Chair Poindexter - 8. Noes: None. Absent: Committee Member Kern -1. Page 4 FC-28 February 18, 2014 Bill 196: AMENDS ORDINANCE NO. 13-66, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2013 TO JUNE 30, 2014 Establishes the following program appropriations: Roadway Projects (Engineering) ($1,661,709.92); Bridge Inspection, Repair and Replacement Program (Engineering) ($359,828.44); and Local Road Improvements (Highways) ($278,583.05), for a total amount of $2,300,121.41; funds shall be provided from the lapsed Fuel Tax Increase funds in the Capital Projects Fund, Fuel Tax Increase 2010-2012 account ($2,300,121.41). Exhibit A, attached to the bill, lists the specific projects in each category. Reference: Comm. 656 Intr. by: Ms. Poindexter Recommends passage of Bill 196 on first reading: Ayes: Committee Members Eoff, Ford, Ilagan, Kanuha Onishi, Wille, Yoshimoto, and Chair Poindexter - 8. Noes: None. Absent: Committee Member Kern -1. Bill 197: AMENDS ORDINANCE NO. 13-65, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2014 Appropriates revenues in the Fund Balance From Previous Year - Reserved account ($274,703.67); and appropriates same to the Transfer to Capital Projects Fund - Highway account. These fiscal year 2011-2012 excess fuel tax revenues would be appropriated to Transfer to the Capital Projects Fund to be expended by the Public Works Department. Reference: Comm. 657 Intr. by: Ms. Poindexter Recommends passage of Bill 197 on first reading: Ayes: Committee Members Eoff, Ford, Ilagan, Kanuha Onishi, Wille, Yoshimoto, and Chair Poindexter - 8. Noes: None. Absent: Committee Member Kern -1. Page 5 FC-28 February 18, 2014 Bill 198 AMENDS ORDINANCE NO. 13-66, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2013 TO JUNE 30, 2014 Adds the Public Works Hokulia Bypass Road - Private project for $20 million to the capital budget. Funds for this project shall be provided from Private Contributions ($20 million), and would be used for the completion of the Hokulia/Māmalahoa Highway Bypass Road from Kaleiopapa Street to and including the Nāpo‘opo‘o Road /Māmalahoa Highway intersection. This project also includes improvements on Haleki‘i Street as necessary to accommodate the increased traffic. Reference: Comm. 658 Intr. by: Ms. Poindexter Recommends passage of Bill 198 on first reading: Ayes: Committee Members Eoff, Ford, Ilagan, Kanuha Onishi, Wille, Yoshimoto, and Chair Poindexter - 8. Noes: None. Absent: Committee Member Kern -1. ADJOURNMENT - 6:24 p.m. 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 February 13, 2014 accommodations for this meeting should call 961-8245 by. Relay users please call 711(961-8245) to contact our office. Member attendance via videoconference: Notice is hereby given that pursuant to Hawai‘i Revised Statutes §92-3.5, the Hawai‘i County Council will be conducting this Committee meeting via videoconference. Council Members will be present at the following locations:  Hilo Council Chambers, Hawai‘i County Building, 25 Aupuni Street, First Floor, Room 1401; and  Kona Council Chambers, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A. (Pursuant to Council Rules of Procedure and Organization, Rule No. 2-6, it is hereby stated that Council Member Dennis “Fresh” Onishi will be attending the meeting from the Hilo Council Chambers.) If audio stream between the Hilo and Kona Council Chambers is lost for more than a short period of time, the meeting will be terminated. Page 6 FC-28 February 18, 2014 Public attendance via videoconference is also available at the following location until 4:30 p.m. or later in the event public testimony has not been completed:  Waimea Council Office, Holomua Center, 64-1067 Māmalahoa Highway, Suite 5. If for technical or other unanticipated circumstances the video and/or audio connection to Waimea cannot be made or is disrupted, the scheduled meeting will continue. Public attendance via videoconference is also available at the following locations until public testimony has 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 and/or audio connection to the above sites cannot be made 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-committee/. For further information, please call 961-8245. 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 email a complete web address before 12:00 noon on the business day prior to the (url) to videotestimony@hawaiicounty.gov meeting . The email 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). Page 7 FC-28 February 18, 2014 Viewing of Meetings on Government Access Television - Channel 55: Agricultural, Water and Energy Sustainability, Public Safety and Mass Transit, and Human Services and Social Services Committees - Tuesdays, February 25 and March 4, 2014, at 7:00 a.m. and 6:30 p.m. Planning and Finance Committees - Thursdays, February 27 and March 6, 2014 at 7:00 a.m. and 8:30 p.m. All Committee meetings - Saturday, March 1, 2014, at 8:00 a.m. and 5:00 p.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